§ 7-05-030. Unlawful acts.

(a)

It shall be unlawful for any person to:

(1)

Intentionally feed feral pigeons on any public or private property within Alamogordo city limits.

(2)

Permit or allow the placement or discard of food, food by-products, vegetables, garbage or animal food of any kind in a manner that such person knows will reasonably result in the lingering, roosting and/or congregating of feral pigeons.

(3)

Encourage the lingering, roosting and/or congregating of feral pigeons by offering or providing food, food by-products, vegetables, garbage or animal food of any type.

(4)

Create, permit or allow the existence of a pigeon harborage.

(b)

This prohibition does not extend to domesticated birds used for show or for racing, or to injured pigeons that are kept at all times in cages or are prevented from creating pigeon nuisance conditions on nearby properties.

(c)

This prohibition does not extend to bird seed set out in bird feeders or otherwise provided to birds other than pigeons, provided that the seed does not attract significant numbers of pigeons or create conditions that constitute a pigeon nuisance.

(d)

Each act in violation of this section shall constitute a public nuisance and a separate violation. Any person who violates this section shall be subject to:

(1)

The first violation of this section shall result in a written warning. This warning will provide the details of the violation and will specify corrective action.

(2)

Any person violating any provision of this article a second time, and for any subsequent violation, shall be guilty of a petty misdemeanor for each violation or each day of a continuing violation.

(Ord. No. 1472, 8-25-14)