§ 10-3. Exceptions.

(a)

The prohibitions stated in subsection 10-2(a) shall not apply to dogs under the control of a law enforcement agency or to dogs which are kept for the protection of property, provided that such dogs are restrained on a leash or chain, cage, fence or other adequate means from contact with the general public or with people who enter the premises with the actual or implied permission of the owner or occupant.

(b)

The prohibitions stated in subsection 10-2(a) shall not apply to owning or harboring livestock or bees/apiaries on property lawfully zoned for agricultural use, excluding mobile home parks, or horses and flamingos at the Hialeah Race Track.

(c)

Nonpoisonous snakes are permitted if maintained in a safe manner and in secure quarters.

(d)

This chapter shall be construed to allow the ownership or harboring of any animal, fish, bird or reptile that is customarily sold at pet shops, with the exception of potbellied pigs, livestock or wild, dangerous, or undomesticated animals.

(e)

The maintenance of not more than a total of 20 domestic pigeons in the R-1 one-family district and not more than a total of ten domestic pigeons in the R-4 townhouses district, including pigeon cocks, pigeon hens, pigeon hatchlings or offspring, of an ornamental species specifically bred for exhibition or trained as a homing, carrier, tumbling or racing pigeon for the purpose of engaging in the hobby or sport of racing pigeons shall be allowed in lofts only in the R-1 one-family district and the R-4 townhouses district built and maintained pursuant to the provisions herein and section 98-1680.

(1)

A domestic pigeon is one that has been specially bred for exhibition of various traits relating to size, shape, color, and behavior; or trained to compete in the sport of racing; and is identified by a permanent, unique numbered ring or band placed on its leg that identifies the owner to whom the pigeon is registered. The keeping of pigeons under this provision is for the pleasure and entertainment of the fancier and shall not be bred, kept or used for commercial or gambling purposes. The pigeon fancier must be a member of a chartered club or union with adopted bylaws, membership rules and regulations, and a code of practice for the keeping and racing of pigeons unless waived for good cause. Only pigeons registered to the property owner or lawful tenant, as authorized by the landlord, shall be allowed to be kept on the property. This exception shall not be interpreted as allowing the keeping of wild or feral pigeons.

(2)

All pigeons shall be confined to the loft at all times except when the flock is returning from racing or is engaged in free non-racing time as part of a planned or controlled training or exercise regimen for the purpose of maintaining their fitness, performance level or skill. The flight time exercise shall occur no more than twice per day, no later than two hours after sunrise or no later than two hours before sundown, for a maximum of 90 minutes at a time. To prevent aerial soiling of neighboring properties, pigeons should not be fed between eight to ten hours before being released for exercise. While in flight, pigeon fanciers shall take every effort to reduce nuisance from aerial soiling to neighboring properties and ensure pigeons do not land on adjoining properties. All watering, feeding, grooming, mating, breeding and any other handling of the pigeons for purposes of care and maintenance shall occur inside the loft. The pigeons shall not be allowed to perch, loaf or roost outside of the loft. While on the premises, the pigeons shall not be allowed any free non-flight time outside of the loft.

(3)

The loft shall be kept clean, orderly, dry, ventilated and vermin free at all times. The area surrounding the loft shall be kept clean at all times. All feed must be kept in vermin proof containers. No spilled feed or grains, accumulated loose feathers or accumulated or visible deposits of droppings, standing or pooling water and no other condition shall be permitted to take place on or near the loft so as to create an unsanitary condition, cause an objectionable odor, attract rats, mice, weasels, skunks, insects or other pests, create a risk of contamination or spread of disease, damage to any vegetation or surface, or comprise a nuisance or aesthetically displeasing condition.

(Ord. No. 99-28, § 1(6-3), 2-23-1999; Ord. No. 2012-37, § 1, 6-26-12)