# Pigeon ban Buffalo, NY



## benjemon (Mar 28, 2014)

Buffalo, NY has a ban on pigeons which stems from a 1974 change to the city charter which classifies pigeons as a pest, along with feral starlings and rats. The city allows chickens, specifically hens, up to 5 in number with some stipulations on coop size and location, permission from neighbors/landlords.

I'm not a lawyer, I did not stay in a Holiday Inn Express, but what seems the most parsimonious route would be to amend the wording to specify feral pigeons, rats, and starlings where warranted, remove language describing pigeons as menacing (it was 1974, times were tough), and then insert instructions for animal control to assess the quality of care given to the birds and how to license them (which would basically be a copy and paste of the chicken statute).

Once I've done that, I have to cozy with a copy of the city councilpersons, and the chair of the committee that'll make the decision lives down the road from me, so I can get the proposal on the agenda.

Ok, so the caveat to this is that I've never kept pigeons. I'm doing this because I want to keep pigeons and I think the 1974 change to the law due to the health concerns is just ridiculous in today's world.

I think I can pull the loft considerations pretty straight from all the guides and similar laws in other cities. What I'm not so sure at all, what's a reasonable number of pigeons as an upper limit? 10? 20? 40? 80? I would say the typical house lot in town could accommodate a 12' long loft. I don't think there's any room for an annual license under $25, is higher reasonable? What vaccinations should be mandatory? How often should a vet be required to see the premises?


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## markp1969 (Nov 23, 2010)

I fly pigeons with the bison club in buffalo, we have a lot of guys from buffalo that fly. What code is this ban under? Who told you about this ban? Did you call the city's administrative office? I've checked buffalo's ordinances and found nothing for pigeons. New York States says: It shall be unlawful to keep any horse, cow, calf, swine, rabbit, sheep, goat, chicken or duck, or any pigeon *except Antwerp or homing pigeons*, in or on any multiple dwelling or on the lot or premises thereof unless permitted by and in accordance with local law or regulation.


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## conditionfreak (Jan 11, 2008)

Someone is wrong here. Happens from word of mouth information, instead of actually reading laws and ordinances.

I hope markp1969 is correct.


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## markp1969 (Nov 23, 2010)

I came across the regulation that benjemon was talking about http://ecode360.com/13451543 It's a regulation that allows the Department of Street Sanitation to trap and dispose of feral pigeons.


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## markp1969 (Nov 23, 2010)

I did come across this amendment:


§ 341-11 Fowl. 
[Amended 7-20-2004, effective 8-2-2004; 7-28-2009, effective 8-7-2009]
A. 
It shall be unlawful for any person to keep any chicken, pigeon, turkey, duck or any fowl in any residential or commercial district in any building or structure or on the same lot or premises, except as provided in §§ 341-11.1 through 341-11.4 hereof.

B. 
It shall be unlawful for any person to keep any chicken, pigeon, turkey, duck or any fowl in any manufacturing district more restrictive than M2 in any building or structure or on the same lot or premises, except as provided in §§ 341-11.1 through 341-11.4 hereof.

They only mention chicken hens as exemptions in 341-11.1 through 341-11.4
Which I would think you can't keep pigeons in the city of buffalo


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## aarongreen123 (Jan 26, 2005)

Mark, does that NYS law that basically says racing pigeons are the exception supersede any local law? I'm worried about this, my town has laws against what they consider farm animals vs what are pets, chickens are under farm animals, nothing specifically about pigeons. there is however another section that talks about no buildings housing manure within 100 feet of property lines, they could pinch me on this. I poked around when i was moving into the town and was told off the record by the clerks office that there was nothing specific barring it, but i'm worried i may get jammed up in the future.


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## markp1969 (Nov 23, 2010)

aarongreen123 said:


> Mark, does that NYS law that basically says racing pigeons are the exception supersede any local law? I'm worried about this, my town has laws against what they consider farm animals vs what are pets, chickens are under farm animals, nothing specifically about pigeons. there is however another section that talks about no buildings housing manure within 100 feet of property lines, they could pinch me on this. I poked around when i was moving into the town and was told off the record by the clerks office that there was nothing specific barring it, but i'm worried i may get jammed up in the future.


I would call your local zoning office to be sure, that's what I did before I started backup with pigeons.


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## aarongreen123 (Jan 26, 2005)

i have, they dance around it, trying to make it sound like they're trying to do their best to allow me to do what i want to do, but really what it is is leaving it open to mess with me if someone complains. i would like to push for them to amend the code, but i'm afraid it would amount to more discussion that would lead them to just shut it down.


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## benjemon (Mar 28, 2014)

aarongreen123 - There's a ruling in one of the townships that upheld the local zoning board's decision that 40 racing pigeons are not pets. http://blog.szlawfirm.net/2013/04/racing_pigeons_are_not_customa.html

markp1969 - I do live inside the city limits. I called the city clerk today, the same people who would issue a chicken license, and they were completely unaware of the statute and wished me the best of luck.

I think I have to submit a rewrite.


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## benjemon (Mar 28, 2014)

Also, I just emailed the NPA to see if they already have any help for this. Thanks for the PM suggestion.


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## flight (Dec 29, 2011)

16. The term "poultry" means a domesticated fowl including chickens,
turkeys, waterfowl, guinea fowl and game birds commonly used for the
production of meat and eggs. It does not include pigeons.
This is from NYS Dept of Agriculture.


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## benjemon (Mar 28, 2014)

https://docs.google.com/file/d/0BwObHBXlrvPaMGE2NG1iampodFk/edit?usp=docslist_api

Is what I have so far. I think I have it shared correctly.


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## aarongreen123 (Jan 26, 2005)

i requested access, i am interested to review your doc


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## benjemon (Mar 28, 2014)

I gave you access. I thought I had it set so anyone with the link could view it.

This should work https://drive.google.com/file/d/0BwObHBXlrvPaMGE2NG1iampodFk/edit?usp=sharing


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## benjemon (Mar 28, 2014)

I heard back from the NPA. They've given me phone numbers to people at the IF and AU and a fancier who has been involved in this sort of thing a few times. Looks like I should be able to call these people on Sunday.


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## benjemon (Mar 28, 2014)

I've made a couple changes, specifically to the part about pigeons being a menace (I'm still not happy with it), and then the parts which are in green are the newest parts. Black is the original, red is the changes I've made.

Mostly I made changes to wording regarding the loft size, number of pigeons, and banding pigeons at aarongreen123's suggestion.

https://drive.google.com/file/d/0BwObHBXlrvPaMGE2NG1iampodFk/edit?usp=sharing

The AU is sending me a packet, probably by the end of the week, and tomorrow or Tuesday I'll have a copy of some legislation that a fancier had written.

Any feedback is appreciated.


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## benjemon (Mar 28, 2014)

I finally heard back from the city council's legislative staff, here's a copy of the email confirming that yes, pigeons are prohibited inside the city.


> Dear Mr. Matson:
> 
> This email is in response to the email you sent regarding Property maintenance code 341-11. FOWL
> 
> ...


I have sent an email to my city councilman.


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## benjemon (Mar 28, 2014)

Ok...
I've gone over the information sent to me by the NPA and AU, and incorporated it into my rewrite. I edited out any restrictions on number, changed the material building of the loft to be restricted by shed/garage code instead of something separate except for the part that actually has something to do with the pigeons. I also reformatted it to get it ready for submission. I have not heard back from my city councilman.

I have also contacted the Buffalo & WNY Poultry Club to see if they're interested in the chicken/poultry part of the code. I thought that would be neighborly.

Please cast your eyes upon this, if you see any typ-os, think-os, or things that don't make sense, please let me know.
Black on white is existing code, black on red is changes with strikethroughs being removals.

https://docs.google.com/document/d/1KWHwG0n6SptBxA_2kBCma97T7O87DVR0bNdw5LWSpHU/edit?usp=sharing


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## benjemon (Mar 28, 2014)

Any of you Buffalo fanciers know of anyone keeping birds on the west side? If you do, please PM me, I'll give you my phone number and email address, and have them contact me. It seems the most pigeon friendly councilman is in the Niagara district (basically the west side). I'm trying to set up some face time with him, and I'd like to be able to say something about the people in his district with pigeons.


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## markp1969 (Nov 23, 2010)

The buffalo guys from our club live near bailey and Clinton and an ex member lives near parkside


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## benjemon (Mar 28, 2014)

The guy near park side is probably close enough to count if he's not in the district. Have any contact information for him?


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## aarongreen123 (Jan 26, 2005)

how did you end up with this?


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