§ 4-10. Pigeons and wild birds.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Pigeon means any bird belonging to the family Columbidae.

Public property means any property owned and controlled by the city, including streets, parks and sidewalks.

Wild bird means:

(1)

Starling, also known as a Sturnus vulgaris;

(2)

English sparrow, also know as a Passer domesticus; or

(3)

Seagull, also known as the genus Larus.

(b)

Scope/purpose. It is the purpose of this section to:

(1)

Regulate the keeping, feeding, breading, raising and harboring of pigeons, wild pigeons and wild birds in the city in a way to protect and promote the safety of the citizens of the city;

(2)

Prevent the spread of disease;

(3)

Prevent the creation of nuisance and prevent damage to private and public property.

This section or any rules and regulations promulgated by the board of health pursuant to this section shall not be construed to give a person or entity permission to keep pigeons if said harborage is contrary to other federal, state or local laws.

(c)

Prohibitions. It shall be unlawful for any person or entity:

(1)

To transport, sell, own, keep or otherwise posses any live pigeon and/or wild bird within any public property or any area designated as a residential district under chapter 34, zoning. Nothing in this provision prohibits any person or entity from transporting a live pigeon through a residential district, if the live pigeon is caged during transportation and not released in a residential district.

(2)

To willfully and intentionally feed pigeons and wild birds on any public property or property to which the public has right of access.

(3)

To willfully and intentionally feed pigeons and wild birds on private property if a nuisance is created or to the extent the public health is threatened. A bird feeder on private property shall be exempted if that bird feeder is not creating a public nuisance. At no time shall a bird feeder feed pigeons or seagulls.

(4)

Not to comply with any rule or regulation promulgated by the board of health, unless expressly waived by this section.

(d)

Regulation and control.

(1)

A person or entity may seek a permit from the city's board of health to keep, breed, raise or harbor pigeons, wild pigeons or wild birds.

(2)

If a person or entity receives such permit, all such pigeons, wild pigeons and wild birds must be housed or caged in a "pigeon loft" as that term is defined in the rules and regulations of the board of health.

(3)

The person or entity with a permit to house pigeons or wild birds shall be responsible for the control of such pigeons or wild birds so as not to create a nuisance and for the maintenance of such roosting or harboring areas in a clean and sanitary condition pursuant to the rules and regulations of the board of health.

(4)

A person or entity that can establish that, for at least two months prior to the effective date of the ordinance from which this section is derived, it has been licensed or is a member of a pigeon organization either to raise, breed or harbor pigeons may be exempted from any permit or registration fee created by the board of health. Such persons or entities must, however, register and obtain a permit to feed, raise or harbor pigeons from the board of health.

(e)

Enforcement. The provisions of this section shall be enforced by the city board of health and inspectional services department. The board of health shall be the issuing authority and coordinator of the permitting process and administration of this section.

(f)

Revocation and suspension. After notice any permit issued under this section may be revoked or suspended at any time for any cause deemed sufficient by the board of health.

(g)

Penalties. Any person or entity violating any of the provision of this section shall be subject to a fine of up to $300.00 per offense, and shall in all other respects be subject to the provisions of section 1-8. If the city proceeds by noncriminal disposition, and the violator fails to follow the procedures and requirements of M.G.L. c. 40 § 21D, such outstanding fines shall be recoverable by indictment or by noncriminal complaint pursuant to M.G.L. c. 50, § 21D. Each day on which a violation exists shall be deemed to be a separate offense.

(Ord. of 4-23-2001, § 8-19)

State law reference

Killing or frightening pigeons, M.G.L. c. 266, § 132.