# Ontario By-Laws On Keeping Pigeons



## Rycharde

I just wanted to make this a separate post.

I have been told that it is illegal for me to keep feral pigeons in my home.

Does anyone know the by-laws in Ontario/Hamilton and how I can get around them so that I can continue to help the two birds I am rescuing?

Thanks for your help again everyone, my birds thank you!

Oh yeah Zion flies like 5 feet now but won't leave me. He stays perched on me when I'm home now and refuses to get off my hand/shoulder/chest/head no matter what. He just lives on me. I don't mind. He does a boomerang. If I get him into flight he will immediately turn round and fly back to me, no matter how close a safe landing area is. Thats MY bird


----------



## John_D

Hi,

First off - who told you that? I ask because I recall someone in the US being told by a vet that it was illegal to keep feral pigeons - the vet did not seem to be aware that they were not protected birds under the (?) migratory birds treaty (think it's called something like that) and therefore did not require a rehabbers' license.

There may be city ordinances about backyard lofts ... wouldn't know. But if they are in your home, I cannot imagine what law could apply to them  

John


----------



## Rycharde

My health nurse was told this by Animal Control in Hamilton.

If it IS illegal to keep them without a rehabbers' license can I get one so that I can keep them and help other birds in the future?


----------



## John_D

A licnense would not be issued readily. We do have some rehabbers on here, and I guess the requirements are much the same be it Canada or USA, in general.

A search turned up some by-laws, and it appears that _feeding_ pigeons is a no-no in Hamilton.

http://www.myhamilton.ca/NR/rdonlyres/636634BE-D1D9-4FE2-935B-878C22B28440/0/02136.pdf


There is a by-law about keeping animals, which seems to prohibit a list including poultry, and pigeons (except banded and registered with a club), on land not defined as agricultural. 

http://www.myhamilton.ca/NR/rdonlyr...CF0D896CC/0/HamiltonBylawNo84191asamended.pdf


How it applies to pigeons kept indoors is not clear (to me, anyway), though we know that there are or have been members who have kept pigeons elsewhere in the province. 

Guess you can enquire (which could draw unwelcome attention) or just keep 'em inside ... as 'domestic pets'.

John


----------



## Rycharde

Well isn't that nice. I'm not allowed to raise and eat pigeons it seems. 

They seem to feel that I may be keeping them as poultry! The thought of it!

Well I sent an email to Animal Control. Asking if I needed a license to rescue.

I know I would not get one easily of course if I did want a license but I am more than willing to learn the skills needed and do the work required to obtain one.


----------



## feralpigeon

Rycharde,

I think you'll find, as John has stated, that most municipalities' ordinances are regarding how one keeps livestock in their back yard, and
never address the issue of whether you may or may not keep them indoors
as a pet. Officials could make contact with you based on other ordinances
such as Noise Ordinances should your birds kick up a ruckus after hours and
neighbors complain. Other than something of that nature where someone is
complaining about another aspect of the pigeons in your home, then the pigeon isn't covered under the Federal Migratory Birds Act. I don't know what that is called in Canada, but you have the same concept that is recognized and enforced. No rehabbing license is required for helping a sick or injured pigeon. It's probably easier and less hastle for you, should you be really interested in doing so, to work under the umbrella of an already established Rehabber and avoid some of the requirements. One requirement being a suitable facility and having inspections.

Anyway, think about the only place I'm aware of that you can't keep them 
inside either is Chicago. One member did have some rescues inside and was
being forced to find other homes for them or something along these lines as
there had been an ordinance change there. There may be other towns/cities
as well, but most never address keeping them indoors. Or for that matter
having a 'sun window' that extends beyond the window casement where the
birds can hang out and get some sun.

fp


----------



## Charis

Might be best to discontinue doing anything that might drtaw attention to your situation. Don't volunteer information to a government agency.


----------



## Larry_Cologne

Rycharde,

Many ordinances are designed to be selectively enforced. 

Sometimes a little "common sense" can tell you what the situation is in your area. 

By "selectively enforced" I mean that the ordinance will not ordinarily be enforced unless someone in authority needs to use it.

There may be an ordinance against spitting in public, for example, which no one really cares about or bothers to implement until someone really obnoxious is loading the steps to a church or courthouse or such with spittle, and there is nothing really anyone can do about the spitter, until someone remembers about the ordinance against spitting. 

Back in the 1960s and 1970s one heard about farmers (among others) in remote areas who were worried about being invaded by hippies and motorcycle gangs setting up impromptu rock concerts and drug bashes wherever they pleased, with the locals feeling pretty helpless. 

So ... what to do? Hey, these guys need PERMITS for any gathering of ten or more people (challenging the constitutionality, by those invoking freedom and right to assembly, of any restrictions against gatherings would happen long after the time for the gathering had passed). 

If the "foreigners" got the permit by some underhanded bamboozling of the local authorities (the permit was granted for a religious revival, and unknowingly the "High Priests of Satan" or some such showed up), then the police could still prevent the gathering by citing regulations stipulating so many toilets per so many attendees, so many fire escapes per building, and so on.

The point being, if you don't bother anyone, and no one is aware of or feels any danger or threat to the public health, the commonweal, then you can be a pioneer in many areas of interest. 

If you were holding a traditional religious revival (appropriate to the dominant culture of your area), or if a political big-shot were campaigning, then a lot of ordinances would be probably overlooked, and accommodations made. 

You may think such arrangements are undesirable, but we all of us like to invoke the law and any available recourse to protect ourselves when we feel threatened or inconvenienced. Older people can't tolerate the loud music they enjoyed when younger. The fragile health of some members of retirement communities can be negatively affected when too many boisterous kids are around. 

The scholastic achievement of teenage girls can be negatively affected when they are in the same classes with boys. Not a question of legality, but a matter of what end results are desirable. Do you want submissive women? Women who won't challenge the jobs of men who at one time were expected to be the sole providers in the family? A woman depending on her husband's income may not want another woman to threaten _her_ family's income and livelihood. 

Most people want prisons, but not in "my neighborhood." Prison breaks do occur. Animals can get sick, and can be noisy, and it is hard to reason with an animal ("Judy has to study for a test tomorrow, so can you bark later on?"). A person can perceive a potential threat from a neighbor with animals which may not be under total control at all times and in all circumstances. He may not want to wait until it is "too late." He may feel "an ounce of prevention is worth a pound of cure." With good neighborliness and good public relations, you can supply plenty of positive aphorisms and "feel good about animals" thoughts. You can also keep things under wraps. I don't care where Dracula sleeps, as long as he doesn't bother me or mine and I don't know about it. I have enough paranoia to keep me busy for a while. 

Larry


----------



## Rycharde

Here is my full Email to animal control

The ONLY info they have is my web based E-Mail account.
You have to read it from the bottom up unfortunately....AND I LIED. Just to make it sound good!
 


No, unfortunately there are no exemption permits.


Karen

Karen Edwards
City of Hamilton
Animal Control
phone: (905) 574-3433 fax: (905) 574-8877
247 Dartnall Road, Hamilton, ON, L8W 3V9
e-mail: [email protected]
web: www.hamilton.ca/animalcontrol


-----Original Message-----
From: Rycharde Angel [mailto:[email protected]]
- Show quoted text -
Sent: Friday, June 29, 2007 11:12 AM
To: Animal Control
Subject: Re: Pigeon Concerns

- Hide quoted text -
Thank you, thats fine.
Is there any exception to this law or any permit that can be obtained?

On 6/29/07, Animal Control < [email protected]> wrote:

Dear Rycharde,

Sorry for spelling your name incorrectly earlier. I had just finished an e-mail to another person named Rachel and made the error.

Feral pigeons are considered Class 2 animals and are not permitted to be kept within the City of Hamilton. The possible penalty for being in violation of By-law 84-191 is up to $5000.00 as per the Provincial Offences Act.

If you were permitted to rescue pigeons by the Ministry of Natural Resources, you would need to do so outside the City of Hamilton.

Karen

Karen Edwards
City of Hamilton
Animal Control
phone: (905) 574-3433 fax: (905) 574-8877
247 Dartnall Road, Hamilton, ON, L8W 3V9
e-mail: [email protected]
web: www.hamilton.ca/animalcontrol




-----Original Message-----
From: Rycharde Angel [mailto:[email protected]]
Sent: Friday, June 29, 2007 10:45 AM
To: Animal Control
Subject: Re: Pigeon Concerns

Thanks Edward  (btw my name is Rycharde, and it's said just like Richard, not Rachel, Karen)

The reason I contacted you is because when I asked my friend to find some information for me she called Animal control and the person she spoke with said that it is absolutely illegal to keep a pigeon in your house in the city of Hamilton.

Where did that information come from?

I have contacted the MNR via email and am awaiting their response.

I know that class 2 animals, such as un banded pigeons and unregistered birds raised for poultry are illegal within city limits, warranting a fine of no more than 2000$.

If I take in a pigeon who needs rehabilitation, do you think I could get fined 2000$? I mean it sounds worth it to help one of God's creatures. But seriously will I get fined?

This information was given to me by someone who contacted your office. I would like if you could please confirm the laws surrounding keeping feral pigeons in city limits. Thank you Karen!




On 6/29/07, Animal Control <[email protected]> wrote:

Dear Rachel,

Thank you for your e-mail. The Province of Ontario's Ministry of Natural Resources governs wildlife rescue groups. We suggest that you contact the Ministry of Natural Resources to gain permission to rescue the pigeons. Their phone number is 1-800-667-1940.

I hope this information has been helpful, please feel free to contact us again if you require anything further.

Karen Edwards
City of Hamilton
Animal Control
phone: (905) 574-3433 fax: (905) 574-8877
247 Dartnall Road, Hamilton, ON, L8W 3V9
e-mail: [email protected]
web: www.hamilton.ca/animalcontrol


-----Original Message-----
From: Rycharde Angel [mailto:[email protected]]
Sent: Friday, June 29, 2007 7:35 AM
To: Animal Control
Subject: Pigeon Concerns


Does one require a license within the city of Hamilton in order to rescue feral pigeons?


What are the laws concerning keeping and aiding sick and injured feral pigeons within private property?

I am experienced with avian rescue and rehabilitation and since moving to Hamilton recently I have noticed that many times pigeons become injured or killed here and would like to be able to help out should I ever come across a bird in need. They are all God's creatures and I enjoy helping every one.


I know the advice given would be to call Animal control and bring the bird in. I'd follow that advice if I didn't know how to take care of most injuries and illnesses myself.
I've rescued many birds.


----------



## pdpbison

Hi Rycharde, 


(Pronounced as..."rye-sharr"? Or...? ) 

Possibly, your Birds could be defined as 'Rock Doves'...instead.

Most likely, there is no statute which forbids one have a few 'pet' Rock Doves in one's home.

Too, 'House Birds' of any sort, or of any provinance, are ipso-facto NOT 'feral'...

A "feral" Bird is an escaped domesticate living a 'wild' Life without ownership or human supervision...and once recaptured or re-domesticated, is no longer 'feral'.

There may be statutes against keeping "feral dogs"...but a pet dog is not a 'feral' dog.

If the ordinance is against keeping 'feral pigeons', the ordinance can not apply to one having a few Columbia Liva "indoors" as pets, which Birds are then NOT "feral" by any definition or application of the term.

Possibly, some Health Certificates or other similar written testimony from a friendly Vet, would also aid in your argument's favor.

Be nice, be persistant if need be, and do not give up...!

There is almost always a way...!


Good luck..!


Phil
Las Vegas


----------



## Pigeonpal2002

Charis said:


> Might be best to discontinue doing anything that might drtaw attention to your situation. Don't volunteer information to a government agency.


I agree with Charis, why draw attention to your situation unnecessarily? I live in Ontario, but not Hamilton so I'm unfamiliar with your cities' laws. 

Good luck and hope it all works out for you and your "pets".


----------



## Rycharde

Oh yeah I'm not calling any more attention to the situation. Birds stay inside unless we are outside with them, and in my room. No one has any reason to go in my room. 

We are going to give Seph to someone who can help him better than we can. He is just so challenging and I'm scared I'm not doing enough for him.

I want the best for him. Zion will make a full recovery but will be far too attached and fearless I think. So I'm keeping him as a pet and I'm going to take excellent care of him. 

I may anonymously call some vets and see what they say about Zion, see what they would recommend.


----------



## Jules

I Googled the Hamilton Bylaws in reference to animals and found this:



> In this by-law,
> (a) ""AA" (Agricultural) district" has the same
> meaning as in Zoning By-law No. 6593:
> (b) "animal" means an animal identified within a
> class:
> (cl
> (a)
> "City " means City of Hamilton;
> "class 1 animal" means horse, cow, sheep, and
> goat:
> (e) "class 2 animal" includes chicken goose,
> duck and any domestic fowl, and pigeon;
> turkey,
> (f) "class 3 animal" includes dog, fox, rabbit,
> cat, mink, raccoon, and any other such small
> animal:





> No person shall keep within the Citv any class 1, class
> 2 or class 3 animal except on land within an ‘nAAn (Agricultural)
> district having a lot area of not less than 12,000 m.
> 
> - 2 -
> 3. Section 2 shall not apply to the keeping of,
> (a) homing pigeons registered with a recognized
> pigeon fanciers' association, club or organization
> and so banded;


Here's the website: http://www.myhamilton.ca/NR/rdonlyres/1C1B6000-4D28-439A-A5B5-DF4CF0D896CC/0/HamiltonBylawNo84191asamended.pdf

They had to amend these bylaws because you couldn't have a cat or a dog unless you had this huge farm. However... in reference to pigeons... the bylaws are the same. But... if you "joined" a pigeon club... it seems that it would then be acceptable. Hrmm... isn't Pigeons.net a club?

Just trying to offer a suggestion as I too have faced ongoing issues with neighbours, etc. I tend to try creative approaches, but one thing I have learned... keep a low profile and don't stir the pot. Meaning: just try to keep under the radar. 

Julianne


----------

