Whittier Municipal Code Ch. 8.28 Homing Pigeons

The purpose of this chapter is to comply with the intent of California Government Code Section 65852.6 regarding homing pigeons.

(Ord. 2544 § 2 (part), 1991)

A. In order to maintain adequate compatibility with the surrounding neighborhood, to maintain the single family environment, to maintain clean and sanitary conditions to protect the public health, safety and welfare, certain specific conditions need apply to homing pigeons within all residentially zoned property.

B. Repealed.

C. No person shall keep, maintain or have in his/her possession within any residential district in the city any homing or racing pigeons without first obtaining a permit from the city manager as provided in Section 18.52.030 of this code.

D. Special permits required by this article shall be applied for to the city planning commission by written application filed with the city clerk, and the city planning commission shall have a reasonable time in which to cause an investigation to be made, and if it appears after investigation that the keeping of such homing pigeons at the location applied for under prevailing conditions will be a nuisance, a menace to health or interfere with the comfortable enjoyment of life or property, then the permit shall be refused, and any permit granted is revocable for cause.

(Ord. 2869 § 26, 2006; Ord. 2544 § 2 (part), 1991)

(Ord. No. 3112, § 2, 2-25-20)

"Homing pigeon," sometimes referred to as a racing pigeon, means a bird of the order Columbae, which are maintained and housed by the owner or keeper thereof in a pigeon loft and identified by means of leg bands. It shall not fall in the category of "fowl" which includes chickens, turkeys, ducks, geese and other domesticated birds other than pigeons.

"Leg band" means a ring of metal or plastic which bears thereon the means of identifying the individual bird and its owner or keeper.

(Ord. 2544 § 2 (part), 1991)

Homing pigeons are a permitted use subject to the following provisions:

1. A conditional use permit (including a site plan) is required if more than ten homing pigeons are proposed to be kept on the premises. The applicant shall obtain any health permits required by the county prior to approval of the conditional use permit.

2. The maximum number of homing pigeons permitted on any premises shall be one hundred. The conditional use permit shall specify the maximum number of homing pigeons allowed.

3. All homing pigeons shall be banded for the purpose of identification with a leg band.

4. All homing pigeons shall be fed and kept in an enclosed pen, coop, pigeon house, loft or other structure, which shall be neatly constructed, painted in such a manner as to conform to the neighborhood and not constitute an unsightly condition.

5. No such pen, coop, pigeon house, lot or other structure that houses more than ten homing pigeons shall be kept or maintained within fifteen feet of any of the subject property lines and within thirty feet of any adjoining dwelling unit.

6. Such pen, coop, pigeon house, loft or other structure shall be kept or maintained at all times in a sanitary condition free of offensive odors and in compliance with all health regulations of the Los Angeles County department of health service.

7. Every person owning or occupying any property or premises where homing pigeons are kept, shall keep such premises clean and sanitary. Any feces, uneaten food or other matter that emits an offensive odor or encourages the breeding of flies or other insects shall be collected daily and not allowed to accumulate. This provision shall not prohibit the owner or occupant of any premises from storing such feces, uneaten food or other matter in a closed container prior to disposal.

8. All pigeon droppings, feces, food scraps and other matter that emits an offensive odor shall be removed from the property or premises at least once each calendar week and be disposed of in a sanitary manner.

9. All feed for homing pigeons shall be stored in containers which secure protection against rodents, insects, birds and other animals.

10. Homing pigeons shall be flown for exercise or training in a manner that results in their flying a substantial distance from the immediate area of the loft, rather than continuously or repeatedly over the properties adjacent to the loft location.

11. At no time shall homing pigeons be allowed to perch or linger on the buildings or property of others.

12. Homing pigeons which are not raised or kept for the market or other commercial purpose, may be kept and liberated for exercise or racing at such times as may be provided for in a permit granted therefor, if a written permit authorizing such keeping and liberation for racing and exercise be first applied for.

13. Not more than twenty-five homing pigeons shall be released at any one time for liberation, exercise or training of any bird and no bird shall be released more than once in any twenty-four hour period.

14. The owner of said homing pigeons shall be a member of the California State Racing Organization or the American Racing Pigeon Union, Inc., with annual registration by licensee of the individual birds. Written proof of such registration shall be submitted with each application, and shall be provided annually thereafter to the city.

15. No homing pigeon business or breeding activities for sales shall be conducted on or from the premises or property.

16. The city's code enforcement supervisor or designee shall be responsible for determining if the keeping of birds permitted under this section constitutes a nuisance, health or safety hazard, once a conditional use permit is issued.

17. Nothing in this article shall be construed as allowing a nuisance of any kind or character to be committed.

18. The keeping of a number in excess of the maximum number specified in the conditional use permit shall require a variance from the city planning commission.

19. It shall be and is made unlawful for any person or persons to kill, maim, wound or destroy, within the corporate limits of the city, a "homing pigeon."

20. It is unlawful for any person to violate any provisions or to fail to comply with any of the provisions of this chapter. Any person violating any of the provisions of failing to comply with any of the requirements of this chapter shall be guilty of an infraction.

21. Any interested person who is aggrieved by a decision of the city planning commission shall have the right to appeal the decision of the city council in accordance with the appeals procedure set forth in Chapter 18.52.

(Ord. 2544 § 2 (part), 1991)