18-2140 Amending Chapter 14 to Adopt a Backyard Chicken ProgramORDINANCE NO. 18-2140
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING
CHAPTER 14 OF THE LONGWOOD CITY CODE TO ADOPT A BACKYARD
CHICKEN PROGRAM TO ALLOW THE KEEPING OF CHICKENS ON PROPERTIES
DEVELOPED WITH DETACHED SINGLE-FAMILY RESIDENTIAL STRUCTURES
AND CREATING TERMS AND CONDITIONS CONCERNING THE KEEPING OF
CHICKENS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
EFFECTIVE DATE.
WHEREAS, the concept of local sustainability and a desire for fresher food products has
inspired an interest in backyard food production; and
WHEREAS, the City Commission recognizes the general trend in society to pursue a
green lifestyle and to incorporate fresher products into diets, a lifestyle which can be supported
by allowing residents to keep and raise a limited number of chickens on their single-family
property for the purposes of producing their own eggs for consumption; and
WHEREAS, the in 2016 the City implemented a temporary backyard chicken pilot
program to allow for a trial period to review the impacts of keeping of chickens as an accessory
use within the City of Longwood but did not receive any applications; and
WHEREAS, to learn about potential impacts of backyard chicken programs the City has
conducted research into other local and national cities who have adopted both permanent and
temporary backyard chicken programs in urban settings and have concluded that due to the
popularity and success of these programs finds that a permanent adoption of this program will
provide citizens with an option for backyard food production and not create any undue or
negative impact upon the neighboring environment; and
WHEREAS, other local governments have found in passing ordinances allowing the
keeping of chickens in residential areas that three (3) to four (4) chickens are sufficient to meet
the needs of the average family's egg consumption; and
WHEREAS, the City Commission also recognizes the desire of all residents to live in a
clean and pleasant environment free of excessive odor, noise, vermin, and disease; and
WHEREAS, to ensure the long-term viability of residential neighborhoods and
conformity and compatibility with surrounding uses, the amendment provides that the
accommodation of chickens in residential areas shall not cause undue noise, odor, and unsanitary
conditions within the community; and
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WHEREAS, the City Commission desires to permit the keeping of up to four (4)
chickens on an occupied detached single-family property as an accessory use, subject to the
terms and conditions of this Ordinance; and
WHEREAS, the City Commission finds that this Ordinance will be in the best interest of
the residents of the City of Longwood, and that this Ordinance is consistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF LONGWOOD, FLORIDA AS FOLLOWS:
SECTION 1. Authority/Findino. The City of Longwood has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, the City of
Longwood Charter, and Chapters 163 and 166, Florida Statutes. The "Whereas" clauses set forth
above shall constitute the legislative findings of the City Commission of the City of Longwood.
SECTION 2. The Longwood City Code shall be Amended as follows (Words that are stAisken
out are deletions; words that are underlined are additions; Articles, Sections, Subsections and
Provisions not referenced in this ordinance are not modified):
Chapter 14 - ANIMALS
Sec. 14-1. - Adoption of county animal control ordinance.
(a) The city shall enter into an agreement for implementation and enforcement of the Seminole
County Code, Chapter 20, Animal Control Ordinance, within the city, such ordinance to be
enforced by the county.
(b) The mayor is hereby authorized and directed to execute on behalf of the city, an interlocal
agreement by and between the city and the board of county commissioners, for the enforcement
and implementation of Seminole County Code, Chapter 20, Animal Control Ordinance within
the territorial limits of the city, a copy of such agreement being on file in the city clerk's office
and made a part hereof for all purposes by reference and attachment.
Sec. 14-2. - Intent.
The regulations and requirements of this chapter are intended to preserve the residential
character of the city and to minimize conflicts of noise, odor and health hazards created by the
keeping of animals.
Sec. 14-3. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
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Animal means every living nonhuman creature.
Animal control officer means a person employed or appointed by county animal control who is
authorized by the city to enforce the county animal control regulations within the city limits.
Animal quarters means the premises and all buildings, pens, yards and their appurtenances used
for the keeping of dogs and cats or other domesticated animals.
Cats means animals that are members of the feline family that are accustomed to living in or
about the habitation of humans and are domesticated.
Codes enforcement officer means a person employed or appointed by the city authorized to
enforce this chapter.
Commercial kennels. See the Longwood Development Code for regulations.
Control means the regulation of the possession, ownership, care and custody of cats and dogs or
other domesticated animals and having authority over a domesticated animal whether or not
under restraint.
Dogs means animals that are members of the canine family that are accustomed to living in or
about the habitation of humans and have been domesticated.
Domesticated animal means an animal accustomed to living in or about the habitation of
humans.
Fowl means all kinds of birds, whether wild or domesticated.
Livestock means all animals of the equine, bovine or swine class, including but not limited to
goats, sheep, mules, horses, hogs, cattle and other grazing animals.
Owner means any person owning, keeping, harboring, possessing or having control or custody of
a domesticated animal or, if the animal is owned by a person under the age of 18, that person's
parent or guardian.
Poultry means any animal, such as, but not limited to, chickens, roosters, turkeys, peacocks,
geese and ducks.
Public nuisance animal means an animal as described in section 14-4.
Single Family A single dwelling unit on a single lot of record
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Stray animal means any unlicensed or unattended animal of the owner.
Venomous reptiles means all reptiles producing venom.
Vicious animal means any animal or reptile that has made unprovoked attacks on any person or
animal or has, for no apparent reason, caused bodily harm to any person or animal.
Sec. 14-4. - Public nuisance animals.
(a) It is unlawful for a person to permit animals to become a public nuisance. An animal
shall be declared a public nuisance animal if such animal:
(1) Is repeatedly found at large.
(2) Repeatedly damages the property of anyone other than its owner;
(3) Is vicious;
(4) Causes unsanitary conditions of enclosures or surroundings;
(5) Is on property in such numbers as exceeds the number limits placed on animals in this
chapter.
(6) Barks, chirps, howls, meows, or makes other such prolonged and disturbing noises
which interfere with the peace and quietude of the neighboring property when such
noises continue for periods longer than 15 minutes;
(7) Harasses passersby or passing vehicles;
(8) Has attacked other domestic animals;
(9) Has been designated by the animal control officer or the codes enforcement officer to
be a public nuisance by virtue of being a menace to public health, welfare or safety;
or
(10) Has otherwise been determined to be a stray.
Sec. 14-5. - Prohibited animals.
(a) Specific animals. It shall be unlawful to keep, maintain or raise in the city the following
animals:
(1) Cows, all species; sheep, all species; goats, all species; all other hoofed animals
and livestock.
(2) Animals, such as, but not limited to chickens, roosters, turkeys, peacocks, geese
and ducks, other poultry, excluding chickens that are allowable pursuant to a
backyard chicken permit in Section 14-6.
(3) Any dangerous animal or reptile.
(4) Venomous reptiles.
(5) Public nuisance animals.
(b) Exceptions. Subsection (a) of this section is not intended to apply and it is an exception to
those provisions regarding the keeping of prohibited animals if the prohibited animals are
trained guard animals or trained law enforcement animals and are maintained by a law
enforcement agency and used exclusively by the law enforcement agency in fulfilling its
duties.
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(c) Number of animals. It shall be unlawful to keep, maintain, husband, or raise in the city
more than a total of five animals, including dogs, cats, hamsters, gerbils, ferrets, mice,
guinea pigs, nonvicious and nonvenomous reptiles, parrots and other birds and rabbits, on
one parcel of land of one acre or less.
(1) For parcels of land larger than one acre, the number of animals permitted shall
increase by one animal for each one -fifth acre over one acre until the parcel
reaches two acres in size. Parcels of land two acres or greater shall be permitted to
have up to ten animals, but no more than ten such animals shall be permitted in
areas with a residential land use.
(2) This restriction of the number of animals shall not apply if the number is
exceeded due to birth of animals and the violation of this section is temporary in
nature and does not extend past 16 weeks after the birth of such animals.
(3) This restriction shall not apply to chickens subject to a permit authorized under
Section 14-6.
Sec.14-6. - Backyard Chickens
.(a) Applicability. The standards of Section 14-6. Backyard Chickens applies to all single
family properties. Regardless of the underlying future land use district, chickens shall not
be kept on properties developed with commercial uses, mobile home/manufactured home
parks, duplexes, triplexes, and apartments or other multifamily properties.
This section does not authorize persons to violate applicable restrictive covenants and
homeowners' association rules and regulations. The City does not police or enforce
private restrictive covenants and homeowners' association rules and regulations. Persons
applying for and receiving_ permits under this section are solely responsible for
compliance with all applicable restrictive covenants and homeowners' association rules
and regulations and shall be required to comply with Sec. 18-62. - Appearance
requirements for single-family residential structures in deed restricted subdivisions
where applicable.
Permit requirements The issuance of a permit for the keeping of chickens is conditioned
upon and subject to the terms and conditions of this section. Persons desiring to
participate in the Backyard Chicken program must show that they can meet the
requirements of this section and shall apply for and obtain a permit from the Community
Development Director or his/her designee prior to keeping chickens.
(1) Fee. A fee shall be charged to persons applying for a permit under this section to
cover processing costs.
(2) No more than fiftx (50) permits will be issued. Permits shall be awarded by the City
on a first -come, first -served basis. If a person holding apermit chooses to leave the
program, they must provide notice to the City of the same. The City is then
authorized to re -issue the permit to another qualified applicant.
(3) The following items are required for submittal:
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a. Consent letter. If the person applying for a permit is not the fee simple owner of
the subject property, the fee simple owner must join in and consent to the
application.
b. Approval from a Homeowners' Association where applicable.
c. A site plan of the back yard showing the property lines existing structures and the
location of the proposed structures. Include the distance from the side and rear
property line and primary structure on adjacent lots in accordance with section
(d). This plan shall also show the location of the required fence.
d. A description of the proposed or existingf_ ence.
e. A plan showing coop construction in accordance with section (d) and (e)
f. Proof of successful completion of a University of Florida Agricultural Extension
Service class on the care and raising of chickens.
g. A signed affidavit is required to be submitted with all chicken -keeping permit
petitions. The affidavit shall state that the chicken coop and run will be designed
constructed and operated to the standards outlined in this section. The affidavit
shall also state that the drawings submitted as part of the petition are a reasonably
accurate representation of the subject site features and adjacent properties
(4) All applicable building permits shall be obtained prior to constructing enclosures to
house chickens.
(5) The Community Development Director may deny a permit application if he/she
determines that the person(s) applyingfor a permit cannot meet the requirements of
this program.
(6) The City may conduct site inspections of the subject property to make compliance
determinations under this section prior and after issuance of a permit.
(c) General conditions for the keeping of chickens.
(1) Up to four (4) chickens may be kept on an occupied detached single-family property
upon receiving a permit from the Community Development Director or designee.
(2) Every person who owns, controls, keeps, maintains or harbors chickens must keep
them confined on the premises at all times within a chicken coop or chicken run
unless a person is supervising the chickens within the confines of a fenced rear .yard
on the same premises as the coop. After a person has completed the personal
interaction and supervision of chickens within the confines of the fenced rear yard,
the chickens shall be returned to the coop or run enclosure.
(3) Ducks, geese, turkeys, peafowl, roosters, or an other ther poultry or fowl are not allowed
under the provisions of this section.
(4) Chickens shall be kept for personal use only. Selling chickens, eggs or chicken
manure, or the breeding of chickens for commercial purposes is prohibited.
(5) Chickens shall not be slaughtered on premises.
(d). Location and requirements for chicken coops and enclosures.
(1) The maximum size of the total coop and run area shall be one hundred (100) square
feet. A building_ permit from the building division will be required. The application
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submittal shall show construction materials and methods as well as anchoring
methods, such as tie -downs. Mobile coops shall be prohibited unless properly
anchored to the satisfaction of the Building Official or his/her designee.
(2) The maximum height of a coop and the run fence around the coop shall be six (6)
feet, as measured from the existing grade to the highest part of the coop or fence.
(3) The coop and run area shall be located in the rear yard of the single-family detached
residence and be set back a minimum of seven and one-half (7'/2) feet from the side
and rear lot lines and a minimum of twenty (20) feet from any side street. The coop
and run area may be located in the side yard, however, at all times the coop and run
shall be at least twenty-five (25) feet from any primary structure on an adjoining lot.
(4) A coop and run must be built within a rear (or side, when consistent with subsection
3) yard that is surrounded by an opaque wall or fence that is at least six (6) feet in
height. A chain -link fence, chain -link fence with slats, or similar fence shall not
constitute an opaque wall or fence. Nothing in this section shall prevent construction
of a coop and pen to abut the side of an applicant's house, so long as it otherwise
meets the requirements of the Code of Ordinances.
(5) Chicken coops shall bg covered and ventilated, and a fenced run is required. The coop
and run must be constructed in a way that establishes a clean, safe and pleasant
environment free of odor, vermin, noise, and disease.
(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.
(7) Chicken coops must be impermeable to rodents, wild birds, predators and weather,
including all openings, ventilation holes, doors and gates. Enclosures shall be kept in
neat condition, including_ provision of clean, dry bedding materials and regular
removal of waste materials, so as to not create an odor.
(8) The space per chicken in the coop shall not be less than three (3) square feet and be of
sufficient size to permit free movement of the chickens. The attached fenced -in
chicken pen shall provide a minimum of ten square feet per chicken and be of
sufficient size to permit free movement of the chickens. Runs may be enclosed with
wood and/or woven wire materials, and must allow chickens to make contact with the
ground.
(9) All chicken feed shall be kept in a secured and covered metal or plastic container, or
otherwise protected so as to prevent rodents and other pests from gaining access to it.
(e). Health, sanitation and nuisance as applied to the keeping of chickens.
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(1) Chickens shall be kept within a coop and run. No person shall release or set any
chicken free from such coop or enclosure except as set forth in section (c) (2) above.
Chickens shall not be permitted to trespass on neighboring properties.
(2) Chicken coops and runs shall be maintained in a clean and sanitary condition at all
times. Chickens shall not be permitted to create a nuisance consisting of odor, noise
or pests, or contribute to any other nuisance condition.
(3) In a public health emergency declared by the Seminole County Health Department
including but not limited to an outbreak of Avian Flu or West Nile virus immediate
corrective action may be required, in accordance with applicable public health
regulations and procedures and in conjunction with Animal Services.
(fl. Violations. No person convicted as a repeat violator of subsections (a). through (e). of
this section maybe permitted to, or continue to, keep chickens on their premises. In the event
that a violation of this section occurs, the City shall have the right to one or more of the
following remedies or actions:
(1) Institute code enforcement proceedings and prosecute code violations against the
violator and the property owner of the real property where the violation occurs:
(2) Prosecute the violator for a criminal misdemeanor punishable by a fine not exceeding
$500.00 or imprisonment for a term not exceeding60 days, or by both such fine and
imprisonment in the discretion of the court:
(3) Take any other action or remedy authorized by law or in equity, including but not
limited to, instituting an action in court to enjoin violating actions, in which case the
violating_ person shall be liable to the City for reimbursement of the City's attorneys'
fees and costs concerning such action: and
(4) Revoke the permit for the keeping of chickens.
SECTION 3. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this
Ordinance shall control to the extent of the conflict.
SECTION 4. CODIFICATION. Section 2 of this Ordinance shall be codified and
made a part of the City Code of Ordinances; that the Sections and exhibits of this Ordinance may
be renumbered or relettered to accomplish such intention. The word "Ordinance" may be
changed to "Section," "Article," or other appropriate word. The City Clerk is given liberal
authority to correct scriveners' errors, such as incorrect code cross references, grammatical,
typographical and similar or like errors when codifying this Ordinance.
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SECTION 5. SEVERABILITY. The provisions of this Ordinance are declared to be
separable and if any section, paragraph, sentence or word of this Ordinance or the application
thereto any person or circumstance is held invalid, that invalidity shall not affect other sections
or words or applications of this Ordinance. If any part of this Ordinance is found to be
preempted or otherwise superseded, the remainder shall nevertheless be given full force and
effect to the extent permitted by the severance of such preempted or superseded part.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
FIRST READING this 10 day of July, A.D. 2018.
SECOND READING AND ADOPTION this 20th day of August, A.D. 2018.
PASSED AND ADOPTED this 20th day of August, 2018
ATTEST:
FCRM
CITY
CITY COMMISSION
CITY OF LONGWOOD, FLORIDA
BEN PARIS, MAYOR
Approved as to form and legality for the use and the City of Longwood, Florida only.
D NIEL W. tNXF,0,CjPfATTORNEY
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