HomeMy WebLinkAboutOrdinance No. 1462-23 Backyard Chickens FAILEDORDmANCE 1462-23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS,
FLORIDA CREATING A NEW SECTION TO CHAPTER 93 OF THE CITY OF
ZEPHYRHULLS CODE OF ORDINANCES, SECTION 93.03 ESTABLISHING
REGULATIONS FOR THE KEEPING, HARBORING AND MAINTENANCE OF
BACKYARD CHICKENS; PROVIDING FOR APPLICABILITY, REPEALER,
SEVERABILITY, INCLUSION IN THE CODE, AND PROVTOING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Florida Constitution and Chapter 166, Florida Statutes, the City of
Zephyrhills has broad home mle powers to carry out city government, including the power to adopt
ordinances to provide for the public health, safety and welfare; and
WHEREAS, an interest in local food sources, food resilience and desire for fresher, more nutritious foods
is being embraced by residents throughout the country; and
WHEREAS, the City of Zephyrhills intends to integrate sustainability and resilience strategies that foster
healthy communities, educate and empower residents to lead healthy, sustainable lifestyles, and invest in
the wellbeing and success of our children; and
WHEREAS, many communities in Florida and throughout the United States have found in adopting
ordinances to integrate the keeping of chickens in residential areas that up to four (4) chickens are sufficient
to meet the needs of the average family's egg consumption; and
WHEREAS, pursuant to law, notice has been given by publication in a newspaper of general circulation
in the City, notifying the public of the proposed ordinance and of a public hearing; and
WHEREAS, the City Council has conducted duly noticed public hearings as required by law, at which
hearings all parties in interest and citizens were afforded notice and the opportunity to be heard; and
WHEREAS, the City Council hereby finds and declares that this Ordinance is in the best interest of the
public health, safety and welfare, and that it advances a valid and important public purpose.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, that
the following addition to the City of Zephyrhills Code of Ordinances shall be referred to as the "Backyard
Chickens Ordinances," as follows:
SECTION 1. Authority
This ordinance is enacted pursuant to Chapter 166, Florida Statutes (2022), and under the home mle powers
of the City.
SECTION 2. Legislative Findings of Fact
The foregoing Whereas clauses are hereby adopted as legislative finds of the City Council of the City of
Zephyrhills and are ratified and confinned as being tme and correct and are hereby made a specific part of
the Ordinance upon adoption.
SECTION 3. Purpose and Intent
This Ordinance establishes standards and regulations for the keeping, harboring and maintenance of
backyard chickens in the City of Zephyrhills, Florida, to protect public health, safety and welfare.
SECTION 4. Establishment of Section 93.03 Standards and Conditions for the Keeping of
Backyard Chickens
93.03 Standards and Conditions for the Kee in of Back ard Chickens
Backyard Chickens shall be permitted to be raised, kept, maintained, harbored and/or allowed as an
accessory use to owner-occupied single-family detached residential dwelling units in the following
zonmg districts: Estate Residential (ER), Low Density Residential (Rl), Single-Family Residential
(R2), and Medium Density Residential (R3). The keeping of live domesticated chickens shall be
prohibited m all other zoning districts and on all duplex and multi-family residential lots.
(A) A maximum of four (4) chickens, whether hens or pullets or a combination thereof, shall
be kept on a property at any one given time. The keeping of roosters, capons or cockerels
shall be prohibited.
(B) All chickens shall be protected from the elements and kept in a secure enclosure at all
times; except that chickens may be allowed outside the enclosure periodically between
#18965173vl
1
sunrise and sunset only, provided they are confined on the property by a secured fence a
minimum of six (6) feet in height. No person shall release or set any chicken free from such
fence or enclosure.
(C) Enclosures shall be covered and ventilated, and shall consist of a chicken coop and fenced
mn area. The coop shall have not less than four (4) square feet of space per chicken kept
on the property to pennit free movement, but shall not exceed 150 square feet in size. A
building permit is required under the Florida Building Code if the coop exceeds 100 square
feet in size.
(D) Enclosures shall be located in the rear yard of the property, behind the residence, and shall
meet the side and rear yard setbacks of the applicable zoning district.
(E) Enclosures shall be kept in a neat and sanitary condition at all times, and shall be regularly
cleaned to prevent offensive odors and attraction of vermin.
(F) Properties shall be maintained by properly removing waste and ensure vegetation and
groundcovers are maintained at all times. Any property on which live chickens are kept
that has more than 100 square feet of defoliated ground, outside the enclosure area, shall
be in violation of this section.
(G) Live chickens shall be properly fed and watered. Stored feed shall be kept in a rodent and
predator-proof container.
(H) It shall be unlawful to slaughter or process live chickens for consumption on any property
residentially zoned property within the boundaries of the City ofZephyrhills.
(I) Backyard chickens shall be kept for personal use only. The onsite sale of eggs, poultry, or
manure shall be prohibited.
(J) For purposes of this section, the breeding of chickens is prohibited.
(K) The keeping, maintainmg, harboring, feeding, and/or providing of shelter to ducks, geese,
turkeys, peafowl, or any other poultry or fowl is not authorized under the provisions of this
section. Further, this section shall not be constmed to authorize the keeping, maintaining,
harboring, feeding, and/or providing of shelter for wild (roaming) chickens and roosters
within the City limits.
(L) It shall be a violation of this section to keep, maintain, harbor, feed and/or provide shelter
to chickens within the boundaries of the City, except as authorized by this section.
SECTION 5. Repealer
All ordinances and resolutions or parts thereof of the City in conflict with the provisions herein contained
are, to the extent of such conHict, hereby superseded and repealed.
SECTION 6. Severability
It is declared the intent of the City Council of the City ofZephyrhills, Florida, that if any section, subsection,
sentence, clause, or provision of this Ordinance shall be declared invalid, the remainder of this Ordinance
shall be constmed as not having contained said section, subsection, sentence, clause or provisions and shall
not be affected by such holding.
SECTION 7. Inclusion in Code
It is the intent of the City Council of the City of Zephyrhills, Florida that the provisions of this Ordinance
shall become and be made a part of the City of Zephyrhills Code of Ordinances, and that the sections of
this Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section,"
"article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions.
SECTION 8. Effective Date
This Ordinance shall become effective upon passage on the second reading and signing by the Mayor.
#18965173vl
The foregoing Ordinance No. 1462-23 was read and passed on the first reading in an open and regular
meeting of the City Council of the City ofZephyrhills, Florida, on this 26th day of June, 2023.
Attest:
Lori L. Hillman, City Clerk Lance A. Smith, Council President
The foregoing Ordinance No. 1462-23 was read and passed on the second reading, following a public
hearing, in an open and regular meeting of the City Council of the City ofZephyrhills, Florida, on this 10th
day of July, 2023.
Attest:
Lori L. Hillman, City Clerk Lance A. Smith, Council President
The foregoing Ordinance No. 1462-23 was approved by me this 10th day of July, 2023.
Melonie Bahr Monson, M;ayor
Approved as to legal form and legal content
Matthew E. Maggard, City Attorney
#18965173vl