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 Another case of incredible stupidity - legal help needed

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pigeonwriter
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pigeonwriter

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Another case of incredible stupidity - legal help needed Empty
PostSubject: Another case of incredible stupidity - legal help needed   Another case of incredible stupidity - legal help needed Icon_minitimeSat Feb 06, 2010 4:27 am

Here is another case of incredible stupidity where someone tries to help but is actually molested. There is one comment in this thread that really makes me Seeing red/mad

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To view the thread go to:
http://forums.manhattanbirdclub.com/post?id=4531930

Subject: Pigeons/ASPCA/Help

I live in Brooklyn and have 11 pigeons. I have a beautiful aviary - a ceramic tiled balcony enclosure with 5 skylights and a glass back wall. I have 3 Hendrix aviaries that are 5ft. X 4ft. X5ft. with 3 birds each in them. Two birds are in separate cages that cannot be put with the other birds - due to PMV history or (one) an aggressive nature. The birds are all unreleasable in to the wild for various reasons such as amputated wings, PMV, etc. I have an evil neighbor that has harassed me in various ways for 2 years and the latest is a notice from the ASPCA re: birds. The previous 28 notices (!)were from the Dept. of Health and the Dept. of Buildings - no violations ever. My question is: Can I keep them? Is it legal or not? Other info: I do not yet have a rehabilitator license, but am taking the exam in April. All the birds were taken in with rehaber supervision, i.e., Wild Bird Fundor Dr. Pilny. I have searched and cannot find anything specific about pigeons in terms of NYC codes. One cannot keep "wildlife" which is clearly specified, but not pigeons necessarily. What about coops and racing? Do they have to have a license of some kind? Is the only problem related complaints like hygiene? If the aviary is clean and beautiful is it O.K. then? I have tried to place them in asanctuary, but it hasn't yet happened. It is hard to find a good place that can accommodate flyers and non-flyers, PMV birds, etc. What I would like is to have a "No problem" outcome from the ASPCA, so that I can find, in good time, places for them that would be better - but this is hard because my place is pretty nice.....For some, this may never happen and life with me isn't so bad I think.

Please post helpful info regarding the legality of keeping these guys. I also wonder if there are others who have had ASPCA notices about pigeons and what the outcome was. Is there someone there that is sympathetic? (This notice is from Giacamo.... ) Time is of the essence because I have to call the ASPCA and talk to them and, I presume, make an appointment for them to come. I'm afraid that they will take them to the CACC though and this would cause me great, great suffering, not to mention that they would be killed.
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Matilda
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Matilda

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Another case of incredible stupidity - legal help needed Empty
PostSubject: Re: Another case of incredible stupidity - legal help needed   Another case of incredible stupidity - legal help needed Icon_minitimeSat Feb 06, 2010 7:52 am

Unbelieveable. I hope this person find the legal help needed to resolve this neighbor situation.
It was not ever stated if ever an atempt has been made to talk to the neighbor. Probably the situation is too out of control for that now anyway. Another case of incredible stupidity - legal help needed 224884
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AZWhitefeather
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PostSubject: Re: Another case of incredible stupidity - legal help needed   Another case of incredible stupidity - legal help needed Icon_minitimeSat Feb 06, 2010 8:30 am

Thank you so much for alerting us to this situation, Petra.

It sounds like this person has a wonderful setup. Certainly no overcrowding to cause an unpleasant odor or noise factor.

My suggestion would be for this person to talk to the rehabber who they were working under to see what the statutes are for their area. Quite possibly this person is only holding the birds for the rehabber. Wink

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Cindy

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Keeping us safe from the predators that share the sky.

If we become ill or injured in any way,
Please lead us to safety where we are welcome to stay.
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Jenaka
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PostSubject: Re: Another case of incredible stupidity - legal help needed   Another case of incredible stupidity - legal help needed Icon_minitimeWed Feb 10, 2010 12:04 pm

It depends a lot on the local laws. In some places pigeons are lumped in with poultry with similar restrictions. A big problem is that pigeons are rarely viewed as pets, if she had 11 parakeets it probably wouldn't be an issue. I'm lucky the code where I live is reasonable.

Islandia Village Code

Such pigeons shall be deemed to be so kept as not to constitute a nuisance or to create a hazard to public health, provided that there is compliance with the following conditions:

(1)
Pigeons are allowed out of the lofts or houses in which they are kept for exercise for not longer than two hours in the forenoon of any day and for not longer than two hours in the afternoon of any day, except when returning home from a training toss or a race.

(2)
The lofts or houses in which such pigeons are kept must be cleaned regularly and at least once each day, or at least shall always be maintained in a sanitary condition.

(3)
Pigeon refuse and pigeon feed must be stored in metal containers with metal covers or in a rodentproof container.

(4)
There shall be at least one square foot of floor space in any loft or house in which such pigeons are kept for each such pigeon kept therein.
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Teresa
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PostSubject: Re: Another case of incredible stupidity - legal help needed   Another case of incredible stupidity - legal help needed Icon_minitimeWed Feb 10, 2010 12:24 pm

Excellent information and suggestions, Jen and Cindy!
If the code is the same in Brooklyn, there should be no problem whatsoever, as the conditions under which these pigeons are kept far excede the requirements -- and they never go out!
Naturally the most important now is to do what Cindy suggested, i.e. talk to the rehabber about the statutes etc.
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Jenaka
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Jenaka

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PostSubject: Re: Another case of incredible stupidity - legal help needed   Another case of incredible stupidity - legal help needed Icon_minitimeWed Feb 10, 2010 3:35 pm

The code is probably totally different in Brooklyn. There must be pigeon fliers and maybe a club in Brooklyn who could tell the person about laws regarding pigeon keeping. It also depends on if the person rents their house or apartment and if so what their lease says.
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PostSubject: Re: Another case of incredible stupidity - legal help needed   Another case of incredible stupidity - legal help needed Icon_minitime

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