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PLEASANT GROVE, Utah (AP) -- Gordon Smith has 100 pigeons and that's twice the number the city allows.
He wants the city to amend its ordinance to allow more pigeons, and has support from the Planning Commission, but the city council has put off acting on the proposal.
Meanwhile, city administrators are threatening to revoke his conditional use permit, and he is scheduled to go to court over the issue.
The city first moved against him on the issue last year, but the court put the case on abeyance because the city was considering revision to the current ordinance.
More than a year ago the Planning Commission recommended the city change its ordinance to allow for expert bird racers, like Smith, to raise up to 140 racing pigeons and to have more than one loft.
The issue hasn't moved forward since then.
The City Council has not discussed the issue, and it is still not on an agenda.
"My rights to go in front of my elected officials have been violated," Smith said Friday.
City Attorney Tina Petersen said city leaders have not met on the issue because the city was involved with a number of other issues, and, "It's just not been a priority."
Planning Commission member Bob Bingham said the city should not put off the issue.
"It's not good to just sit on it and table it. That I think was not acceptable," Bingham said.
He said he and other Planning Commission members thought Smith's request to change the ordinance was reasonable.
Mayor Jim Danklef said he and other city officials had been advised not to discuss the matter because of Smith's citation.
Smith said if the City Council decides to keep the limit to 50 birds, he will probably move. He said it isn't possible to race pigeons with that few birds because of the high turnover rate.
About a dozen neighbors, including the ones next door and across the street, have signed statements saying they are in favor of him keeping the birds.
Some said they enjoyed watching them race.
(Copyright 2004 by The Associated Press. All Rights Reserved.)
