Consider Resolution #16-03-048 Relating to a Request for a Non-Traditional Animal License to Maintain Racing Pigeons at 15340 Jackal St NW; Case of Moua Thao

Through the Code Enforcement Program, the City learned that racing pigeons were being maintained on a residential lot located at 15340 Jackal St NW (the "Subject Property").  Upon inspection, it was confirmed that a pigeon coop had been erected on the Subject Property without the issuance of a Zoning Permit and that racing pigeons were, in fact, being maintained within the coop.  In response to the Notice of Violation, the City received applications for both a Zoning Permit and a Non-Traditional Animal License in an attempt to bring the Subject Property into compliance with City Code.

Staff attempted to notify all property owners within a 350 foot radius of the Subject Property of a public comment period via Standard US Mail.

 

City Code requires the issuance of a Non-Traditional Animal License for those animals not specifically defined as a domestic animal within Chapter 10.  These non-traditional animals are those that could be considered domestic with additional research and oversight. City Code recognizes that these types of animals do not create health, safety, and welfare issues to the public. Racing pigeons would be considered a non-traditional animal based on available research. 

The Applicant has indicated that he desires to maintain ten to twelve (10-12) pairs of pigeons along with a 'team' of forty (40) youngs, for a total of sixty (60) pigeons. The youngs are the pigeons that would actually compete in organized racing events.  The ten to twelve (10-12) pairs would never be brought outside the coop. The youngs would be brought out on a regular basis for training and exercise.  All of the racing pigeons maintained on the Subject Property would be vaccinated annually with a Salmonella vaccination and a Paramyxo vaccination to maintain a healthy environment for the birds.

The Public Comment Period produced general opposition to the request as outlined in the attached public comment letters. The Public Comment Period produced two (2) primary concerns:

1. Potential public health implications for surrounding properties
2. Appearance or aesthetics of the coop (accessory structure)

Public Health Analysis

The Applicant has stated that the coop will be cleaned out two (2) to three (3) times per week during the summer months to ensure a clean and healthy environment for the pigeons.  The droppings would be provided to family members of the Applicant for use as fertilizer; at this time, the final location of the droppings is unknown as Staff is still awaiting an answer to that question. The License requires that the stored fecal matter shall be properly stored to eliminate any potential public nuisances and shall be disposed of weekly from April 1 through November 30 each year. From December 1 to March 31 of each year, the Subject Property shall be maintained in compliance with the City's Public Nuisance Ordinance.

Staff's initial research of potential public health risks due to droppings/fecal matter suggests that such potential does exist. However, this risk is more commonly associated with lack of maintenance of the site, whereby the site is not cleaned for months or years (such as with feral pigeons with roosts in urban areas).  Staff has spoken with a 'Swine, Poultry, and Meat Goats' expert from the University of Minnesota's Integrated Livestock Production Systems.  This expert referenced zoontic diseases, which is a disease that can be transmitted from animal to human. According to this expert, this concern cannot be completely ruled out, but the risks are not necessarily any greater than those affiliated with raising chickens or for those in proximity to someone raising chickens.  This individual has been working with the Department of Health to develop a fact sheet on maintaining poultry and pigeons and is attempting to provide the City with additional information prior to the meeting.  If available in time for the meeting, Staff will distribute to the City Council and will have copies for the public as well.

Accessory Structure

The exterior finish of the existing pigeon coop is not yet completed and will need further correction to comply with local Zoning and Building Codes.  The Applicant has has proposed that the exterior walls of the coop will be finished with textured redwood grain pattern composite panels that will be painted white (same color as the home).  Furthermore, the Applicant has verbally stated that the roof will be redone with the rafters sixteen (16) inches on center and will be finished with asphalt shingles.  Building Code requires that all hollow blocks on the ground (under the supporting posts and the structure itself) would need to be replaced with solid, four (4) inch thick blocks.    

The existing coop is currently located along the northern portion of the Subject Property, about twenty (20) feet from the side lot line.  While this location does appear to meet all minimum required setbacks for detached accessory buildings, it may be reasonable to require that the coop be moved so that it is more centrally located on the Subject Property, maximizing separation from adjacent structures.  It appears that this could be accomplished and still maintain minimum setbacks from the drainfield and well.

Other Considerations

It may also be reasonable to consider limiting the duration of time that the pigeons are allowed to fly.  Staff has found that the City of St. Paul requires a similar type of license for maintaining racing pigeons on a residential property but only allows a 'flying period' of two (2) hours that may occur once in the morning (between 6:00am and 10:00am) and once in the afternoon (between 3:00 p.m. and 7:00 p.m.).  

Alternatives

Alternative #1: Adopt Resolution #16-03-048 granting a Non-Traditional Animal License to maintain racing pigeons on the  Subject Property contingent upon: (1) the pigeon coop being relocated so that it is more centrally positioned on the Subject Property; (2) the exterior of the pigeon coop being completed as proposed in the Zoning Permit Application no later than April 30, 2016 (weather permitting); (3) the license be limited to no more than sixty (60) pigeons; and (4) the flying time be limited to two hours once in the morning and once in the afternoon.  It appears that this request will not result in a public safety matter for the surrounding property owners if properly maintained.

Alternative #2: Adopt Resolution #16-03-048 granting a Non-Traditional Animal License to maintain racing pigeons on the  Subject Property as proposed and with no contingencies.  Staff is not opposed to granting the license, but does feel that certain conditions could be applied. Staff feels that the conditions outlined in Alternative #1 are reasonable and therefore does not recommend Alternative #2.

Alternative #3: Do not adopt Resolution #16-03-048.  This action would result in the need for the Applicant to remove the pigeons from the Subject Property.  The accessory structure could remain in its current location, as long as the exterior finish were completed such that it complied with Zoning and Building Code standards.  If the City Council is inclined to deny this request, findings of fact should be established to support the denial and a reasonable timeframe should be established for the removal of the birds from the Subject Property.  It appears that the concerns raised during the Public Comment Period can reasonably be mitigated. If the Applicant falls out of compliance with the License, the License can be revoked. Based on the information available at this time, Staff does not support denial of the request.

This case is being handled as part of Staff's regular duties.

Staff recommends Alternative #1, adopting Resolution #16-03-048 granting a Non-Traditional Animal License to maintain racing pigeons on the Subject Property contingent upon compliance with the standards outlined in the attached license.

Motion to adopt Resolution #16-03-048 granting a Non-Traditional Animal License to maintain racing pigeons on the Subject Property contingent upon compliance with the standards outlined in the attached license.