Need help understanding falconry law.

[jeox]

This is probably the wrong section to ask this, but I couldnt find a section that seemed to fit.
Im not looking to sue or anything, just to see if anyone can find a loophole of some sort.
Alright, I've been spreading this around the internet, and figured I would ask you guys here, as I assume many of you are familiar with laws and all that.
Im attempting to get into falconry, and I was just informed, that birds of prey are not legal in my city, as they are ''fowl''. As far as I am aware, birds of prey arent even close to being fowl.
Is there some loophole, or county, state, or federal law that would override what the city is saying? Im not sure if there might be something higher than what the city is saying, preventing them from disallowing it.
Heres a copy of the municipal code.
21.30.040 Keeping of animals and fowl.

The main problem is, they claim that anything not listed specifically in the code is illegal.
Hopefully there is something around this. There are some pretty strict and specific federal laws on birds of prey. I already need to finish up getting my actual falconry license and all of that.

ANY help would be immensly appreciated.

EDIT: here are the general laws on california falconry.
This isnt ALL of the laws though.
http://www.dfg.ca.gov/licensing/pdffiles/fg359.pdf

 

[CdwJava]

Here is one of the problems you have (note the highlighted section):

21.30.040 Keeping of animals and fowl.

The purpose of this section is to ensure that the raising, keeping and maintenance of animals would not create an adverse impact on surrounding properties by reason of negative impacts (e.g., bright lights, dust, fumes, insect infestations, noise, odor or visual blight) by providing standards for maintaining the animals. Animal keeping uses shall comply with the requirements of this section and other applicable provisions of this code.

(1) Regulations. The keeping or maintaining of livestock, fowl or other animals of any kind shall not be allowed in any subdivision except as provided below.

(2) Dogs and Cats. A maximum of three dogs and/or cats over six months of age shall be allowed as an accessory use.

(3) Other Household Pets. The keeping of other household pets shall be allowed of a type readily classifiable as being customarily incidental and accessory to an allowed principal residential use when no commercial activity is involved. (Ord. 1308 § 5 (part), 2000)​

From the wording, it appears that unless you can squeeze this falcon into the category of "Other Household Pets" (and that is a stretch) you may have to seek a waiver (if possible) or store your bird outside the city limits.

I assume you have already seen this:

http://www.dfg.ca.gov/licensing/pdffiles/fg361a.pdf

 

[jeox]

From the wording, it appears that unless you can squeeze this falcon into the category of "Other Household Pets" (and that is a stretch) you may have to seek a waiver (if possible) or store your bird outside the city limits.

I assume you have already seen this:

http://www.dfg.ca.gov/licensing/pdffiles/fg361a.pdf

Yeah.. Thats the main problem. Hawks arent really household pets, or pets at all for that matter. I was just hoping there might be some sort of federal regulation preventing cities from disallowing birds of prey, or, as falconry is considered a sport, something that prevents recognised sports from being banned.

 

[justalayman]

a city is allowed to have a stricter law than the state or federal authorities. If they define a bird pf prey as a fowl and have made maintaining fowl within the city limits, then you cannot have a bird of prey in the city.

from what I have found, a fowl is generally considered to be of the order of Galliformes which includes quail, pheasant, grouse, chickens and other similar birds.

a falcon would be under the order of falcinoformes as are other raptors.

Now, you need to check the city ordinances to research how they have defined "fowl" in the ordinance.


edit to add:

just forget it. That ordinance excludes the keeping of raptors as they would never be considered to be a household pet.

 

[jeox]

a city is allowed to have a stricter law than the state or federal authorities. If they define a bird pf prey as a fowl and have made maintaining fowl within the city limits, then you cannot have a bird of prey in the city.

from what I have found, a fowl is generally considered to be of the order of Galliformes which includes quail, pheasant, grouse, chickens and other similar birds.

a falcon would be under the order of falcinoformes as are other raptors.

Now, you need to check the city ordinances to research how they have defined "fowl" in the ordinance.

I was told ANYTHING not mentioned specifically in the code was illegal. So does that mean goldfish, hamsters, and other typical small pets are technically illegal as well, as they are not mentioned in city code either.
So, theres no such thing as a federal/state law preventing specific cities from banning falconry?
I could see a law like that being in place, as many people travel quite a bit to fly their birds, and individual cities banning it could lead to mass confusion.
Just for clarity, I was specifically looking into a red tailed hawk, as when you start falconry, you are limited to one of two species.

 

[justalayman]

=jeox;2467403]I was told ANYTHING not mentioned specifically in the code was illegal. So does that mean goldfish, hamsters, and other typical small pets are technically illegal as well, as they are not mentioned in city code eithe

yes they are:

(3) Other Household Pets. The keeping of other household pets shall be allowed of a type readily classifiable as being customarily incidental and accessory to an allowed principal residential use when no commercial activity is involved. (Ord. 1308 § 5 (part), 2000)

that is specific mention of each of those you metioned BY NAME specifically. Being mentioned specifically does not mean by name.

So, theres no such thing as a federal/state law preventing specific cities from banning falconry?

no.

I could see a law like that being in place, as many people travel quite a bit to fly their birds, and individual cities banning it could lead to mass confusion.
Just for clarity, I was specifically looking into a red tailed hawk, as when you start falconry, you are limited to one of two species

unless you can convince the city elders that a lot of people keep red tailed hawks as pets, you will lose.

 

[CdwJava]

If you can counter the stated intent of the ordinance:

The purpose of this section is to ensure that the raising, keeping and maintenance of animals would not create an adverse impact on surrounding properties by reason of negative impacts (e.g., bright lights, dust, fumes, insect infestations, noise, odor or visual blight) by providing standards for maintaining the animals. Animal keeping uses shall comply with the requirements of this section and other applicable provisions of this code.​

Then you might be able to do just fine. But, you will likely have to ask for a written determination by the responsible city agency, and then apply to the planning commission or city council for a waiver based upon the "purpose" of the ordinance. If so, be prepared to explain how the bird will not be a nuisance, noisy, a threat to small pets, etc.

I think it is obvious that hamsters, parakeets, and other small indoor animals would not cause a problem impacting the stated purpose of the section even though they are not mentioned. Use that to your benefit. I don't know how a hawk is caged and maintained, but I know that chickens can be annoying and noisy ... but, they tend to be kept in groups and not singly.

 

[cyjeff]

I thought raptors were considered endangered species in California.

 

[jeox]

If you can counter the stated intent of the ordinance:

The purpose of this section is to ensure that the raising, keeping and maintenance of animals would not create an adverse impact on surrounding properties by reason of negative impacts (e.g., bright lights, dust, fumes, insect infestations, noise, odor or visual blight) by providing standards for maintaining the animals. Animal keeping uses shall comply with the requirements of this section and other applicable provisions of this code.​

Then you might be able to do just fine. But, you will likely have to ask for a written determination by the responsible city agency, and then apply to the planning commission or city council for a waiver based upon the "purpose" of the ordinance. If so, be prepared to explain how the bird will not be a nuisance, noisy, a threat to small pets, etc.

I think it is obvious that hamsters, parakeets, and other small indoor animals would not cause a problem impacting the stated purpose of the section even though they are not mentioned. Use that to your benefit. I don't know how a hawk is caged and maintained, but I know that chickens can be annoying and noisy ... but, they tend to be kept in groups and not singly.

There are VERY strict guidelines on getting into falconry. They need to have doubledoored enclosures, and numerous other features to keep the hawk safe and be escape proof. I can/know how to deal with those guidelines, as they are very clear. The city's rule on birds however, is not.

Hawks are totally different that chickens though. They generally are very quiet. Even if it did escape somehow, it wouldnt be much of an added threat to anything. We already have wild hawks in the neighborhood, and all that.

 

[>Charlotte<]

...many people travel quite a bit to fly their birds, and individual cities banning it could lead to mass confusion.

My involvement with a local raptor center has been limited to rehabbing injured birds, PR, and education--not much in the way of falconry itself--but I think a non-resident's license from his own state is valid as long as the licensing state meets the requirements of the US Fish and Wildlife Service. Also, state and local requirements have to meet federal regulations, but federal regulations do not supersede local prohibitions.

It should be easy to find the phone number of a Master close to you. That's who you should be asking. Falconry is so strictly regulated, Masters have to be able to recite this stuff in their sleep.

Finally, as someone who has been grabbed by both--forget the Red Tail, go with the kestrel. Are you sure it's only two? I thought you could take a GHOW too?

 

[jeox]

My involvement with a local raptor center has been limited to rehabbing injured birds, PR, and education--not much in the way of falconry itself--but I think a non-resident's license from his own state is valid as long as the licensing state meets the requirements of the US Fish and Wildlife Service. Also, state and local requirements have to meet federal regulations, but federal regulations do not supersede local prohibitions.

It should be easy to find the phone number of a Master close to you. That's who you should be asking. Falconry is so strictly regulated, Masters have to be able to recite this stuff in their sleep.

Finally, as someone who has been grabbed by both--forget the Red Tail, go with the kestrel. Are you sure it's only two? I thought you could take a GHOW too?

GHOW arent allowed as an apprentice. They are allowed once you get your general though. Getting an imprint GHO is my eventual goal.

 

[>Charlotte<]

Practice your creance over and over and over and over and over and over and over and over and then do it again. Leash and release table legs and chair slats. You're going to need a sponsor anyway for a few years, maybe you can contribute a build and he'll let you keep you bird there. When you're first habituating them the local university often has dead mice and rats to discard from the flight cages. Get gloves of all sizes. For the Golden Eagle you're going to want long welders gloves, and it doesnt hurt to put a chain mail glove on your hand first

Just do what you can, at firs. You'll need to apprentice for two yeas anyway, and then another five years of them breathing down your neck You could easily move by then.

Good luck! I'll be doing that one day.

 

[Hot Topic]

We love the falcons that nest in our city, even when one of them flies down to tear a pidgeon to pieces at lunchtime in full view of the diners in one of our most popular restaurants.

They don't belong in cities. Lots of food but lots of danger.

 

[justalayman]

They don't belong in cities. Lots of food but lots of danger.

danger? How?

we have hawks, several species of eagle and several species of owl and I have never seen any reason to consider them to be a danger.

While some of the birds are large enough to take away small to medium dogs, I have never heard of it happening and have never heard of a human injury due to them.

 

[jeox]

danger? How?

we have hawks, several species of eagle and several species of owl and I have never seen any reason to consider them to be a danger.

While some of the birds are large enough to take away small to medium dogs, I have never heard of it happening and have never heard of a human injury due to them.

I think he means danger to the hawk.
I would never actually fly the bird in suburbs/ a city
Power poles, cars, large dogs, and all of that.

We have native redtails already in the neighborhood