Okaloosa County BOCC — August 19, 2014 — Manatee County Chicken Regulations

Manatee County Sec. 2-4-28. Chickens on residential property. (a) Definitions. (1) As used in this section, the following words and terms shall have the following meanings, unless otherwise specifically provided: a. Chicken shall mean a female member of Gallus domesticus or a hen. Chicken shall not include the following: 1. Any male chicken or rooster; or 2. Any duck, goose, turkey, peafowl, or other poultry or fowl. b. Enclosure shall mean a movable structure with a covered roof and sides, also known as a chicken coop or poultry house. c. Fenced area shall mean an area on the ground surrounded on all sides by a secure fence and covered on the top by a secure fence or roof. d. Front yard shall have the same meaning as set forth in Section 201 of the Manatee County Land Development Code for the term "yard, front". e. Nuisance shall mean any condition consisting of odor or noise. f. Occupied shall mean residential occupancy by the owner of the real property or by a tenant or lessee. g. Pest shall include but shall not be limited to any rodent, snake, or other vermin. h. Rear yard shall have the same meaning as set forth in Section 201 of the Manatee County Land Development Code for the term "yard, rear". i. Residential property shall mean a parcel of real property that contains an occupied single-family detached dwelling located in a zoning district designated as Residential Single Family (RSF) or Planned Development Residential (PDR) under the Manatee County Land Development Code. j. Side yard shall have the same meaning as set forth in Section 201 of the Manatee County Land Development Code for the term "yard, side". k. Yard shall have the same meaning as set forth in Section 201 of the Manatee County Land Development Code. (2) In addition to the definitions in paragraph (a)(1) above, all applicable definitions set forth in section 2-4-2 of the Manatee County Code of Ordinances shall apply to this section. (b) Applicability. The requirements established in this section shall apply in the unincorporated area of Manatee County. (c) General requirements. (1) A maximum of four (4) chickens may be kept or maintained on residential property. (2) Chickens shall be kept or maintained for personal use only. No person who owns, possesses, keeps, or maintains chickens on residential property shall sell any eggs or manure from such chickens.  (3) Chickens shall be confined securely inside an enclosure on the residential property between the hours from dusk to dawn. (4) Chickens shall be confined inside an enclosure or within a fenced area on the residential property between the hours from dawn to dusk. (5) No person shall intentionally release any chicken from or allow any chicken to remain outside of an enclosure or fenced area on the residential property. (6) Except as otherwise provided in subsection (f) of this section, no chicken shall be slaughtered on residential property. (7) No dog or other animal that bites, attacks, endangers, injures, or kills a chicken shall be considered a dangerous dog as defined in section 2-4-2 or a vicious animal as described in section 2-4-10 of the Manatee County Code of Ordinances. (8) All applicable provisions set forth in article I of chapter 2-4 of the Manatee County Code of Ordinances shall apply to this section. In the event of a conflict between any provision of article I of chapter 2-4 and this section, the requirements of this section shall prevail. (d)Requirements for enclosures and fenced areas. (1) The enclosure and fenced area shall be located in the rear yard on the residential property. No enclosure or fenced area shall be located in the front yard or side yard on the residential property. (2) The enclosure and fenced area shall be located at least ten (10) feet from the property line of any adjacent residential property and at least twenty-five (25) feet from any adjacent residential dwelling. (3) The enclosure shall provide at least four (4) square feet of space per chicken. (4) The enclosure shall be constructed and maintained to prevent pests from being harbored within or underneath such enclosure. The enclosure shall be impermeable to pests, wild birds and predators, including dogs and cats. (5) No permit shall be required for construction, erection, alteration, modification, repair, or demolition of any enclosure, provided that such enclosure does not exceed the size limitations for permits under the Florida Building Code. (e) Health and sanitation requirements. (1) The enclosure and fenced area shall be maintained in a clean and sanitary condition and free from pests at all times. (2) No person who owns, possesses, keeps, or maintains chickens on residential property shall allow any such chicken to create or contribute to any nuisance condition which is detectable at the property line. (f) Exceptions. (1) This section shall not apply to any real property zoned for agricultural purposes, including, but not limited to, property located in a zoning district designated as General Agriculture (A) and Agricultural Suburban (A-1) under the Manatee County Land Development Code.  (2) This section shall not apply to any real property subject to a development order approved by Manatee County which prohibits or regulates chickens on residential property within such development. (3) This section shall not apply to any activity of a bona fide farm operation as provided in Section 823.14, Florida Statutes. (4) This section shall not prohibit, restrict, infringe on, or interfere with any religious belief or practice under the Free Exercise Clause of the First Amendment to the United States Constitution which may involve the slaughter or sacrifice of animals. (5) This section shall not prohibit any property owner or association from establishing or enforcing private restrictions, including, but not limited to, deed restrictions, restrictive covenants, or declarations of covenants and restrictions, on private property within subdivisions, condominiums, or cooperatives relating to chickens on residential property. (g) Enforcement. This section shall be enforced in the same manner as provided in sections 2-4- 18 through 2-4-27 of the Manatee County Code of Ordinances.