Fort Walton Beach Ordinance — 2033--Amend Code to allow Chickens — reading text

READING DATE 1st 2nd ORDINANCE 2033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT FLORIDA; PROVIDING FOR AUTHORITY; WALTON BEACH, AMENDING SECTION 5.02 OF THE CODE OF ORDINANCES, ENTITLED CONTROL; PROVIDING FOR SEVERABILITY; AND ANIMAL PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166.021( 1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, and the City Charter. SECTION 2. AMENDMENT OF SECTION 5.02, ANIMAL CONTROL. Section 5. 02 — Generally is hereby amended as follows: 5. 02. 01 - Definitions. Animal: Shall be construed to include every living dumb creature. Chicken: species Gallus domesticus For purposes of this ordinance ` chicken' refers to chicks pullets or hens only. Roosters are not allowed within city limits. Chicken coop • A structure providing shelter for chickens. Custodian: Any person or agent designated by the owner of an animal to provide care, shelter, protection, refuge or food and otherwise control the animal' s actions. Direct control: The immediate, continuous physical control of a dog or cat by means of a leash or other tether of sufficient strength to restrain the animal. Direct control shall not include verbal or aural control. Farm animal: means all ungulates; including cattle, swine, horses, mules, goats and ostriches and similar species. sheep; and peuhf , Household pet: means an animal including, but not limited to a dog, bird, domesticated cat, rodent ( such as a gerbil, guinea pig, hamster, etc.), ferret, rabbit, non -venomous reptile, and non -venomous amphibian, that is kept as subordinate to residential use for the purpose of providing human companionship. The following animals are not considered household pets: wild animals as defined by the State of Florida Fish and Wildlife Conservation Commission, and hoofed animals of any kind, except purebred miniature potbellied pigs, also known as Sus scrofa bittatus. The Sus scrofa bittatus are considered household pets. Owner: Any natural person, firm, association or corporation who owns, keeps, transports, harbors or controls an animal, including any custodian of an animal. This definition does not include the City.  5. 02. 02 - Prohibition. No person shall keep or permit to run at large in the city any farm animal other than chickens). 5. 02. 03 - Pets. Household pets shall be kept in compliance with all applicable provisions of this code, the Okaloosa County Animal Control Code and state law. 5. 02. 04 - Conditions of Animal Presence in City Recreational Parks and Facilities. a) No owner shall permit an animal to run at large at any city recreational facility. b) No animal shall be permitted to destroy or damage public real or personal property, or interfere with the reasonable use and enjoyment of the parks. c) The owner of an animal shall have direct control at all times an animal is in a Community or Special Use Community park or near a recreational and cultural center. are not d) Animals, other than service animals, permitted inside any recreational or cultural center. e) The owner or custodian of an animal shall immediately remove and dispose of the animal' s waste upon any public or private property when the owner or custodian of the animal could reasonably be expected to be aware of the waste or has received notice of the existence of the waste. f) No owner or custodian shall leave an animal closed in or confined to a vehicle at a park, recreational, or cultural center unless the animal is confined in a cage or container or temporarily securely tethered by a device that will not permit the animal to fall or jump from the vehicle, and that provides adequate air for its consumption. g) No person shall conduct, sponsor or participate in a performing animal exhibition, display, circus or rodeo in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. All equipment on performing animals shall fit properly and be in good working condition. 5 02 05 — Keying of Chickens The following regulations will govern the keeping of chickens and are designed to prevent conditions that are unsanitary unsafe or a nuisance No person shall keep_ chickens unless the following regulations are followed: a) Roosters are not permitted within city limits. b) Zoning: Keeping of chickens is permissible as an accessory use on lots with an existingland use of single family residentialregardless of current zoning or future land use designation., c) Number: No more than six (6) chickens shall be allowed at each single-family dwelling.  d) Setbacks. i Coops or cages housing chickens shall be kept at least twenty- five ( 25) feet from the door or window of any dwelling or occupied structure other than the owner' s dwelling. ii. Coops shall be setback at least fifteen ( 15) feet from side -yard and rear - yard property lines. iii. Coops shall be located behind the principle structure. e) Sanitation. i The coop must be kept in a sanitary condition and free from offensive odors The coop must be cleaned on a regular basis to prevent the accumulation of waste. ii. Odors shall not be perceptible at the lot line. iii. Noise shall not be perceptible at lot lines to the extent that it results in a public nuisance or is in violation of the municipal noise ordinance. iv. All items such as feed associated with keeping chickens that are likely to attract rodents or other pests shall be kept in a rodent/pest proof container. f) Residents must notify the City of their intent to keep chickens. SECTION 3. EFFECTIVE DATE This ordinance shall take effect immediately upon approval on second reading by City Council and signature of the Mayor. Adopted: Q < %n tSa.C e. " a - -IfM/, — IS Richard A. Rynearson, Tvlayor Attest: Approved for form, Ki5M. Barnes, City Clerk Additions are underlined;  NORTHWEST FLORIDA DaRyNews Wfdaylynews.com Published Daily Fort Walton Beach, Florida Distributed in Okaloosa, Santa Rosa & Walton Counties STATE, OF FLORIDA COUNTY OF OKALOOSA Before the undersigned authorized personally appeared Toni Brown, who on oath says that she is an employee of Gatehouse 812738 D N Media Group, owner of the Northwest Florida Daily News, a daily newspaper published at Fort Walton Beach, in Okaloosa CITY OF FORT WAL- TON BEACH, FLOR County, Florida; that the attached copy of advertisement, being a IDA FORT BEACH, WALTON FLORIDA, public choosing not to NOTICE OF PUBLIC attend the meeting ir. GRANTING ECO- AN HEARING PUBLIC NOTICE, NOMIC DEVELOP- person may e- mail MENT AD VALOREM comments relates to A PUBLIC HEARING this ordinance. any TAX EXEMPTION TO will be held on the fol- agenda item, or any the matter of PROJECT PPE; PRO- lowing Ordinances at VIDING ENACTMENT other City business for 6: 00 p. m. on Tuesday, AUTHORITY; PROVID- the record to August 25, 2020 in the clerk0tvir no later ING THE AMOUNT OF PUBLIC I ( EARING Council Chamber at THE EXEMPTION; j than 2: 00 p.m. on the Fort Walton Beach City PROVIDING THE day of the meeting.