ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF ROCKLEDGE, BREVARD COUNTY, FLORIDA, DELETING SECTION OF THE ROCKLEDGE LAND DEVELOPMENT REGULATIONS IN ITS ENTIRETY AND REPLACING IT WITH A NEW SECTION WHICH MODIFIES THE REQUIREMENTS REGARDING CHICKENS AS ANIMALS ALLOWED WITHIN RESIDENTIAL ZONINGS; PROVIDING FOR THE PROCEDURES TO ESTABLISH CHICKENS ON PROPERTY BY OWNERS; DECLARING THAT INVALIDITY OF ANY PORTION HEREOF SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS ORDINANCE; PROVIDING FOR THE EFFECTIVE DATE HEREOF AND FOR OTHER PURPOSES. WHEREAS, the Rockledge Planning Commission had recommended that female chickens be allowed within residential zonings within the City; and WHEREAS, pursuant to Ordinance , a year long program to allow chickens within residentially zoned areas was conducted which indicated no major conflicts arising regarding such use; and WHEREAS, the Rockledge City Council has determined that with certain modifications the provisions for allowing chickens within residential zones areas should be continued. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKLEDGE, FLORIDA, AS FOLLOWS: SECTION 1. That Section of the Rockledge Land Development Regulations is deleted in its entirety and replaced with a new Section attached hereto as Exhibit A. SECTION 2. The provisions of this Ordinance are severable, and if any section, sentence, clause, or phrase hereof is for any 1 of 7

2 reason held to be unconstitutional, invalid, or ineffective, such holding shall not affect the validity of the remaining portions of this Ordinance, it being expressly declared to be the City Council's intent that it would have passed the valid portions of this Ordinance without the inclusion therein of any invalid portion or portions. SECTION 3. This Ordinance shall become effective ten (10) days following its adoption and signed by the Chairman of the City Council. ADOPTED at a regular meeting of the City Council of the City of Rockledge, Florida, this day of, Chairman, City Council of the City of Rockledge, Florida ATTEST: City Clerk 1st Reading: 04/16/14 2nd Reading: 2 of 7

3 Exhibit A to Ordinance No SECTION PETS, PET CLINICS, PET KENNELS, ANIMAL HOSPITALS A. Limitation on keeping of dogs or cats or chicken (female Gallus domesticus) within residential land use classifications and vacant property. No person shall keep or maintain in, on or upon any building, premises or property located in any land use classification in which residential uses are permitted, or in any residential unit in a multiple-family, travel trailer or mobile home land use classification no more than four (4) female chickens (Gallus domesticus) and in addition no more than four (4) dogs or cats, or combination thereof, six (6) months [in age] or older. No person shall keep or maintain on vacant property or in connection with any building used for business, commercial or industrial purposes more than one dog. Guard dogs defined in this section are not included in the four (4) pets allowed. Nothing contained in this section shall be construed to permit the use of land or building as a dog kennel unless said land or building is located in a land use classification in which a dog kennel is a permitted use or where a conditional use is granted for a dog kennel. (b) B. Definitions. As used in this section, the following words and phrases shall have the meanings indicated: 1. Pet kennels. Any lands, structure or facility where any pet or pets, regardless of number, are kept for sale, or for breeding, boarding, or treatment purposes, except where allowed in an animal hospital or grooming parlor or pet shop. Any premises used for residential purposes where four (4) or more pets, excluding fish, six (6) months or older are kept, harbored or maintained shall be deemed to be a pet kennel. 2. Pets. Those animals and fowl normally domesticated in the United States, obtained at pet shops and kept in or around the home for pleasure rather than utility; e.g. dogs, cats, canaries, mynahs, parrots, parakeets, monkeys, fish, chickens and rodents. Pets are permitted in any residential land use classification unless otherwise prohibited in this section. 3. Wild animals and poisonous reptiles. Animals of a species not usually domesticated in the United States and such phrase does not refer to the comparative 3 of 7

4 docility or familiarity with man of a particular animal. Nor does this phrase refer to pets customarily found in and about homes. 4. Chicken. For the purpose of this code, a chicken (female Gallus Domesticus) is permitted. The Rooster (male Gallus gallus) are prohibited. 5. Guard Dogs. A guard dog is one which is not owned by the property owner or tentant, for the purpose of providing security and is removed from the property after 8:00 a.m. and not returned to the property until 6:00 p.m. each week day. Guard dogs may remain on the property on weekends and national holidays. C. Wild animals and poisonous reptiles. It shall be unlawful for any person or persons to keep, harbor, breed, sell or maintain any wild animal, poisonous reptile, or other species which is poisonous or dangerous and harmful to human safety in the judgment of the zoning official, in any zoning classification in the City of Rockledge. This restriction does not include parks, zoos, animal shelters, medical or scientific institutions or other places under applicable land use restrictions or otherwise having a license for keeping or showing wild animals or poisonous reptiles. D. Farm animals, fowls and other species. It shall be unlawful for any person to keep, harbor, breed, sell or maintain upon any premises in any zoning district in the city, except as specifically permitted in a zoning district by the express terms of the Zoning Ordinance, any of the following, to wit: Bees, roosters, peacocks, horses, ponies, cattle, goats, rabbits,, ducks or other livestock, or other species customarily utilized in farming operations. E. Pet kennels, animal hospitals and animal clinics. No person, firm, corporation or agent shall place, keep, operate or maintain any pet kennel, animal hospital or animal clinic in any zoning classification in the city except as specifically permitted in a zoning district by the express terms of the Zoning Ordinance. No pet kennel, animal hospital or animal clinic shall be situate upon a tract, piece or parcel of land located less than one thousand (1,000) feet distant from any tract, piece or parcel of land zoned for residential use, said distance to be measured in a straight line between the closest points of the lot lines of the respective premises; provided, however, that an animal hospital or animal clinic equipped with interior quarters adequate for overnight or extended accommodation of animals, and at which all animals being examined, treated or kept remain within the interior of the facility at all times, may be situate upon a piece, parcel 4 of 7

5 or track of land located not less than three hundred (300) feet distant from a piece, parcel or tract of land zoned for residential use, said distance to be measured as above described, if all walls of the area of the facility wherein animals are examined, treated or kept are soundproofed so as to prevent the elimination of animal noises from said facility. F. Prohibiting animals other than pets near residences. 1. Except as may be otherwise provided in applicable Zoning Ordinances, no person shall keep any mule, horse, ass, sheep, goat, hog, pig, cow or other animal belonging to the bovine family, turkeys, chickens or any other domestic animal, except for household pets, as defined in section 80.85(b)(2), within three hundred (300) feet of the residence of another within the city. In no event and regardless of where same may be kept, none of the animals or types of animals specifically named and designated in this section, shall be deemed a household pet. G. Any chickens being kept, harbored, raised, or maintained as accessory to a residential single family structure, are subject to the following restrictions: 1. No more than four (4) chickens may be kept, roosters are prohibited; 2. No person shall slaughter any chickens for any reason or use; 3. The chickens shall be provided with a movable covered enclosure (i.e. "henhouse/coop") and must be kept in the covered enclosure or a fenced enclosure at all times. Chickens must be secured within the movable henhouse/coop during non-daylight hours; 4. The space per bird in the henhouse/coop shall not be less than four (4) square feet per bird; 5. No covered enclosure or fenced enclosure shall be located in the front yard, nor shall the henhouse/coop be closer than ten (10) feet to any property line of an adjacent property, nor within twenty-five (25) feet of any adjacent residential structure. Odors from chickens, chicken manure, or other chicken related substances shall not be detectable at the property boundaries; 6. All enclosures for the keeping of chickens shall be so constructed and maintained as to prevent rodents or other pests from being harbored underneath, within, or within the walls of the enclosure. The henhouse/coop 5 of 7

6 must be impermeable to rodents, wild birds, and predators, including dogs and cats. Enclosures shall be kept in a neat condition, including provision of clean, dry bedding materials and regular removal of waste materials. All manure not used for composting or fertilizing shall be removed promptly; 7. All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rodents or other pests shall be kept in secure containers or otherwise protected so as to prevent rodents and other pests from gaining access to or coming into contact with them; 8. Chickens shall be kept for personal use only. The selling of chickens, eggs or chicken manure, or the breeding of chickens for commercial purposes in the City of Rockledge is prohibited. 9. No animal that kills a chicken will, for that reason alone, be considered a dangerous or aggressive animal. 10. If the coop structure exceeds eighty (80) square feet in size (8 foot by 10 foot), a building permit is required to be obtained from the Rockledge Building Department. 11. The coop and enclosure must be screened from the neighbor's view using an opaque fence and/or landscape screen. 12. Chickens shall not be permitted to trespass on neighboring properties, be released or set free, and shall be kept within a coop and enclosure. 13. The City of Rockledge may require an initial inspection of the property following the construction of a coop. 14. Citizens who have questions on the raising and/or maintaining of backyard chickens, shall be referred to the Brevard County Agricultural Extension Office for educational materials. 15. In the event of the issuance of an advisory by any department of health, federal, state or local, all chickens must be exterminated in the interest of public health, the keeping of all chickens under this section shall be immediately terminated. Having chickens on any property in the City at that point shall be prohibited. H. Nothing herein shall affect the enforceability of more stringent restrictions in place or the ability of private property owners and/or neighborhoods to create and/or enforce private restrictions (including but not limited to: deed 6 of 7

7 restrictions, condominium/homeowners' association restrictions and by-laws, or private covenants), which may provide more stringent regulation of chicken keeping than provided for herein, including the prohibition of chicken keeping. 1. Requirements prior to maintaining chickens on property: a) The property owner desiring to maintain chickens on their property must obtain the consent of 25% of the property owners with in 100 feet of the property s boundary line in all directions. 2. All petitions, maps, and consents, must be delivered to the Building Department prior to the establishment of chickens on any property. End of Exhibit A 7 of 7