City of Pensacola Poultry and Fowl Ordinance

COMMITTEE MEMORANDUMSeal_of_Pensacola,_Florida

July 16, 2012


FROM: Sam Hall, Council President

SUBJECT: Ordinance Amending Sections 4-2-1, 4-2-3, 4-2-4, 4-2-5 and Repealing of section 4-2-6(b) of the City Code as requested by several citizens who support the concept of urban farming. and the Raising of Chickens

RECOMMENDATION:

That the City Council consider the proposed amendments to sections 4-2-1, 4-2-3, 4-2-4, 4-2-5 and repeal of section 4-2-6(b) of the City Code as requested by several citizens who support the concept of urban farming.

SUMMARY:

For many decades, the City Code has contained provisions regulating the residential raising of farm animals such as chickens and other fowl. Recently, several citizens have come forward and have requested the adoption of amendments which would continue to allow the possession of such animals, but on a more restricted basis than currently exists in the code. The amendments which they have proposed would prohibit the raising of such animals for consumption, limit the number which one residence could contain, prohibit the possession of roosters, and provide more flexibility on the placement of chicken coops.

PRIOR ACTOIN:

The City Code has long permitted raising chickens and other fowl in the city limits.

FUNDING:

No additional funding is required.

FINANCIAL IMPACT:

None.

STAFF CONTACT:

William H. Reynolds, City Administrator; Jerry A. Moore, Director of Sanitation Services and Fleet Management; Steve Wineki, Administrative Officer IV, Code Enforcement

ATTACHMENTS:

1) Proposed Ordinance

PRESENTATION:

No.

 

PROPOSED

ORDINANCE NO. _____

ORDINANCE NO. _____

AN ORDINANCE AMENDING SECTIONS 4-2-1, 4-2-3, 4-2-4 AND 4-2-5 AND REPEALING SECTION 4-2-6(b) OF THE CODE OF THE CITY OF PENSACOLA, FLORIDA; PROVIDING REGULATIONS FOR KEEPING POULTRY AND OTHER FOWL; PROVIDING FOR SEVERABILITY; REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY OF PENSACOLA, FLORIDA:

SECTION 1. Section 4-2-1 of the City code of the City of Pensacola, Florida, is hereby amended to read as follows:

Sec. 4-2.1. Cruelty declared as unlawful.

It shall be unlawful for any person to overdrive, overload, drive when overloaded, overwork, torture, torment, abandon, deprive of necessary sustenance, cruelly or unnecessarily beat or whip, slaughter or kill for other than medical or public heal reasons, any animal, or cause or procure the same to be done. Any person having the charge or custody of any animal, either as owner or otherwise, who is found guilty of unnecessary cruelty, riding or working an animal when sick or unfit to work, or failing to provide it with proper food, drink, shelter or protection from the weather, shall be punished in accordance with section 4-2-41.

Sec. 4-2-3. Poultry or fowl generally – Keeping in enclosure required.

It shall be unlawful to keep roosters within the corporate limits of the city or to keep more than eight (8) poultry or other fowl at a single residence. It shall be unlawful for any person to keep any live poultry such as chickens, turkeys, ducks, geese or guinea fowl within the corporate limits of the city without the provision of except in coops, pens or enclosures so constructed and maintained as to prevent same from going upon the streets, parks or public places or upon the premises of others than the owner or custodian of the poultry or fowl access by predators. free ranging of poultry or fowl is allowed as long as they are prevented from going upon the streets, parks or public places or upon the premises of others than the owner or custodian of the poultry or fowl.

SECTION 3. Section 4-2-4 of the Code of the City of Pensacola, Florida, is hereby amended to read as follows:

Sec. 4-2-4. Same – Required distance of enclosures from certain buildings and public parks.

It shall be unlawful to keep, harbor or confine any ducks, goose geese, chickens, guineas, peacocks or other fowl in any stable, building, structure, corral, pen, coop or enclosure in the city, any part of which is within fifty (50) thirty (30) feet of a an adjacent dwelling, church, hospital, school, public building or public park.

SECTION 4. Section 4-2-5 of the Code of the City of Pensacola, Florida, is hereby amended to read as follows:

Sec. 4-2-5. Same – Keeping for sale.

All live poultry, such as chickens, turkeys, ducks, geese or guinea fowl, which are kept for purpose of sale within the corporate limits of the city, shall be placed and kept in coops or pens which shall be erected so that the bottom of the coops or pens shall be at least eighteen (18) inches from the ground. The floors of the coops or pens shall be so constructed so as to permit the droppings from the poultry to fall into a removable box placed underneath the coops or pens. Each of the coops or pens shall be equipped with a water trough and feed box attached to the outside of the coops or pens in such a manner to prevent contamination of same. It shall be unlawful for any person to keep live poultry within the city for the purposes of sale or breeding, except in compliance with zoning regulations.

SECTION 5. Section 4-2-6(b) of the Code of the City of Pensacola, Florida, is hereby repealed.

(b) Law enforcement officers and other persons who may be authorized by a written permit from the mayor shall be authorized to capture or to kill any doves or pigeons that may be found beyond the premises where they are kept, in violation hereof, and to the damage and annoyance of the owners or occupants of other premises.

SECTION 6. If any word, phrase, clause, paragraph, section or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provision or applications of the ordinance which can be given effect without the invalid or unconstitutional provisions or application, and to this end the provisions of this ordinance are declared severable.

SECTION 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

SECTION 8. This ordinance shall take effect immediately upon its passage by the City Council.

 Passed: ________________________________

 Approved: ______________________________
President of City Council

Attest:

____________________________
City Clerk

 Legal in form and valid as drawn:

____________________________
City Attorney

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