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Instead of a coop, he got a bird ban
By AMY WIMMER, Times Staff Writer
BELLEAIR BEACH -- The City Council swooped in Thursday night to protect residents from the harmful effects of bird droppings. In the process, the Council might have stepped in some doo-doo of its own. Archie Stevens, a Belleair Beach resident and racing pigeon enthusiast, submitted plans last week for a pigeon coop to be added to the back of his waterfront home. The Council, responding almost immediately, passed an emergency ordinance that outlaws "the raising and breeding of birds, fowl and animals, except pet animals." "That's pretty discriminatory," said Stevens, who was reached after the vote Thursday and was unaware of the city's emergency meeting. "If they did that, I'll get an attorney." Belleair Beach City Attorney Paul Marino insists the emergency ordinance, passed 5-1 at a meeting called specifically to hear the ordinance, is not targeted at Stevens. He said he asked the council's presiding officer, Bert Cutler, to call the special meeting because bird droppings present a health risk to Belleair Beach residents. "(The ordinance) is designed to address a problem," Marino said. "If it happens to adversely impact a particular person, it's going to have an adverse impact on a particular person." Emergency meetings and emergency ordinances in Belleair Beach are reserved for issues that impact public health and safety. Pinellas Animal Services Director Kenny Mitchell urged the council to consider the ordinance as part of considering new rules on exotic animals and even cats and dogs, but said he didn't consider pigeons to be a health issue. "I can't really tell you, no, he (Stevens) can't have the things because of public health," Mitchell said. Lynn Rives, the only council member who voted against the ordinance, said the new law smacked of discrimination: "I don't think we should just be picking on birds." Emergency ordinances are effective for 90 days. During that time, the council decided Thursday, the city attorney will develop a permanent ordinance for consideration. That ordinance could include rules for more animals. Health risks associated with bird droppings are generally caused by the organisms that grow in the nutrient-rich environment. Stevens, who lives in a waterfront home on Harrison Drive, said he has owned racing pigeons for about 30 years. He said he checked with city and county officials before submitting his plans and even designed the pigeon coop as an addition to his home because Belleair Beach does not allow detached buildings. Stevens' plans call for a 200-square-foot addition with six pens for his racing pigeons. Jack Tipton, assistant director of the county's building department, said Stevens stopped by about a month ago to inquire about rules for pigeon accommodations. Last week he arrived with a full set of plans and a permit application, though Tipton noted that the application is incomplete. The county called Belleair Beach to alert the city of the unusual permit request. "We do that with any of our beach communities," Tipton said. "We tell them we've got something going on, and it meets your code, so we're going to have to permit it. But you people will get complaints from neighbors." Whether Belleair Beach was successful in clipping the wings of Stevens' plan remains to be seen. After the vote, Mary Beth Park, the wife of the vice mayor, was surprised at Belleair Beach's efficiency. "Some things we talk about for years," she said, "and some things we just come in and do it in 24 hours."
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