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Home My WebLink AboutResolutions - 1977.12.01 - 13086Miscellaneous Resolution 8245 November 3, 1977 BY: HEALTH AND HUMAN RESOURCES COMMITTEE - Joseph R. Montante, Chairman IN RE: RACING AND CARRIER PIGEON REGULATIONS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS, Act 57, Public Acts of 1974, requires the Health Department of any city, village, township or county to issue a carrier pigeon permit to the owner of carrier pigeons who complies with certain requirements; and WHEREAS, in order to protect the public health and safety from nuisances and sources of illness as related to the sport of racing and carrier pigeons proposed rules and regulations have been developed by the Oakland County Health Division; and WHEREAS, such proposed rules and regulations (attached) have been reviewed and recommended for adoption by the Health and Human Resources Committee. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopt the attached rules and regulations governing racing and carrier pigeons as Article VIII of the Oakland County Sanitary Code. HEAfikAND HUMAN RESOURCES COMMITTEE (, seP1-02. Montante, Chairman ARTICLE VIII OAKLAND COUNTY RULES 6 REGULATIONS GOVERNING THE SPORT OF RACING AND CARRIER PIGEONS To protect the public health and safety from nuisances and sources of illness as related to the sport of racing and carrier pigeons, there are hereby provided the following rules and regulations relating to control of the housing, harboring, . raising, flying, training and conditioning of racing and carrier pigeons, SECTION 1 - DEFINITIONS 1.1 Board - The term Board shall mean the Oakland County Sanitary Code Appeal Board. 1.2 Carrier or Racing Pigeon 'Owner - The term Carrier or Racing Pigeon Owner shall mean a person breeding, raising, harboring, maintaining, housing, flying or conditioning carrier and/or racing pigeons. 1.3 Conditioning - The term Conditioning shall mean the exercise and training of the carrier or racing pigeon to develop the most excellent physical shape. 1.4 County - term County shall mean the County of Oakland. 1.5 Director - The term Director shall mean the -Director of the Oakland County Health Division or his duly authorized representative. N, 1.6 Division - The term Division shall mean the Oaklalid County Health Division. 1.7 Exercise - The term Exercise shall mean the freedom of flight in the area of the loft required to condition the carrier or racing pigeon 1.8 Loft - The term Loft shall mean any structure in which carrier or racing pigeons are housed. 1.9 Permit - The term Permit shall mean a certificate authorizing the owner of carrier or racing pigeons to maintain a loft for housing the pigeons and to fly the pigeons for necessary exercise and training; permits are not transferable to new loft locations or new owners. d. Investigate complaints pertaining to violations of these rules and regulations and make necessary inspections and observations and record such investigations, complaints, inspections and observations. e. Approve or reject applications for permits and administer notices required under the provisions of these rules, and regulations. f. Issue or deny permits under the provision of Act 57, Public Acts of 1974, and these rules and regulations. g. Cooperate with municipal building and zoning agencies for the purpose of coordinating activities under the provisions of Act 57, Public Acts of 1974, and these rules and regulations. h. Establish permit fees and accept, receive, and give receipts for fees paid in behalf of the County, subject to all applicable laws and with the approval of the Gg7TEFJ -C730777---D1-1tu'e Sanitary Code Appec! Board. SECTION 3 - PERMIT -•3.1 Permit Required - It shall be unlawful to maintain a carrier or racing pigeon loft or to keep carrier or racing pigeons within the County without first obtaining a permit therefor from the Director, after the effective date of these rules and regulations. 3.2 Application Procedure: - Information, Accompanying Documents a. An application for a -permit or permit renewal shall be filed by the carrier or racing pigeon owner together with an address or legal description of the property upon which the loft is kept or proposed • to he kept. b. The application must be -signed by the carrier or racing pigeon owner as defined in these rules and regulations. c. The permit application shall be on a form provided by the Director, and shall be accompanied with the required permit C. -3- c. Interim permits granted to new cwners with new lofts six (6) months or less prior to the expiration date prescribed in 3.6b, shall continue to be valid until the next succeeding triennial expiration date. All other interim permits granted to new owners or owners with new lofts shall expire in accordance with 3.6b. d. Applications for permit renewal shall be submitted thirty (30) days prior to the expiration date in the manner provided in 3.2, together with the prescribed permit fee. 3.7 Suspension; Revocation of Permit; Prosecution a. All pigeon lofts shall be subject to inspection by the Director as provided in these rules and regulations. Failure to comply with any or , all of these rules and regulations following proper written notification of violation and a reasonable period of time to effect compliance shall be grounds for permit suspension or revocation by the Director. The , owner shall be notified in writing of the effective date of such permit , suspension or revocation together with the reasons therefor. -Suspension or revocation shall be without prejudice to the owner's right to a hearing before the Sanitary Code Appeal Board. b.. The issuance of a permit shall not be held tdvxempt the owner to whom the permit was issued from prosecution for flagrant violations of these 4 rules and regulations. SECTION 4 - STANDARDS AND OPERATIONAL PROCEDURES 4.1 Loft Construction - The physical construction of the loft(s) shall be in compliance with the applicable municipal building ordinances and codes. 4.2 Loft Location - Lofts established, constructed, erected, maintained or operated in the County shall not he located nearer than twenty (20) feet to any residential structure on an adjoining lot or parcel and three (3) feet to a property line, unless otherwise specified in municipal building ordinances and codes. -s- MONTH DATE Health Division and such appeal shall be heard before the Sanitary Cof:,.. Board. Such net ion must he accompanied with the fee and must b==, sd within thirty (30) days from receipt of the written notice of the denial. SECTION 6 - RIGHT OF ENTRY 6.1 Right of Entrv for Inspection - The Director may enter and inspect any - property at reasonable times for the purpose of investigating either an actual or suspected violation or to ascertain compliance or non-compliance with these rules and regulations. SECTION 7 - INJUNCTIONS 7.1 Injunctive Proceedings - Whenever any person has been found to have repeatedly violated provisions of these rules and regulations, the Director may commence appropriate civil legal action in a court of competent jurisdiction in the name of the County and enjoin and restrain further continuance of such violation. SECTION 8 - SEVERABILITY \ 8.1 Severability - It is declared that this regulation is enacted in the interests of the public health and welfare of the residents of the County. If anm part of this regulation shall be declared to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this regulation, the Board of Commissioners hereby declaring that it would have passed such remaining portions of this regulation notwithstanding such invalidity. EFFECTIVE DATE These rules and regulations shall be deemed to be in effect on and after 1977. - MONTH DATE Adopted by the Oakland County Board of Commissioners on MONTH Reviewed and approved by the Oakland County Board of Commissioners on 1977. -7- #8245 December 1, 1977 Moved by Montante supported by Patterson that Resolution #8245 be adopted. AYES: Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Olson, Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth, Simson, Wilcox. (26) NAYS: None. (0) A sufficient majority having voted therefor, Resolution #8245 was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Resolution #8245 adopted by the Oakland County Board of Commissioners at their meeting held on December 1, 1977 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan 1st December —77 Lynn D. Allen. ..... By • • • • • • • • • • • • • • • • ••••••••.•••••••• Deputy Clerk