CASE STATEMENT FOR THE RE-LEGALIZATION
OF BACKYARD HENS IN THE CITY OF SARASOTA
Prepared by CLUCK and submitted Dec. 28th 2010
Megan Jourdan poses with three hens she kept (past tense) illegally in the City of Sarasota for thirty months. As far as CLUCK knows, there were no code complaints. CLUCK formed in 2009 to re-legalize this productive and non-problematic pastime.
INTRODUCTION
Sarasota CLUCK (Citizen’s Lobbying for Urban Chicken Keeping) came into being in May of 2009 in response to widespread local interest in re-legalizing chickens in the City of Sarasota. The first meeting was held in early June and was rapidly followed by the creation of a website, blog, and Facebook group.
Motives for wanting chickens vary. Some people want their children to know more about where their food comes from, a lesson not easily taught with dogs and cats. Others want more control over their food, to know what went into it. Still others eat eggs and are offended by commercial layer operations and wish to make sure hens are raised humanely. Some want the manure to fertilize their backyard crops. And some are simply nostalgic. Whatever the reason, backyard hens are productive, friendly pets that do not warrant being illegal in the City of Sarasota.
Since its inception, CLUCK has worked with City Planning Staff to develop an appropriate, adoptable, and enforceable ordinance change. We have listened to concerns from the community and recommended adjustments. And we have learned that CLUCK is part of a nationwide movement allowing backyard hens.
Please visit our searchable blog http://sarasotacluck.blogspot.com/ for more information about backyard hens. For an electronic version of this document or for questions concerning this document, please contact sarasotacluck@gmail.com
Table of Contents
Introduction and Table of Contents
Adjustments to Proposed Ordinance Language
CLUCK version
Strike Through and Underline version of most recent staff version
CLUCK Responds to Concerns
Neighbor Concerns
Noise
Odor
Real Estate
Public Health Concerns
People who simply don’t like chickens
Financial Concerns related to Enforcement
Reduced Systemic Costs
Informal Code Compliance Support
Fines
Animal Welfare Concerns
Outreach and Citizen Participation
Appendices
A Email relating neighbor experiences
B Email relating to public health risk from chickens
Adjustments to Proposed Ordinance Language
Based on citizen comment and testimony, CLUCK is proposing several adjustments to the proposed ordinance language. The version below is CLUCK’s substitute. New or revised language shown in bold. Pages 5&6 show the most recent staff version with strikethrough and underline, reflecting our proposed changes.
CITY CODE, CHAPTER 8 - ANIMALS
Sec. 8-2. Keeping livestock and certain animals prohibited.
(a) Except for a retail establishment engaging in the lawful sale of animals and Sarasota Jungle Gardens, it shall be unlawful for any person to keep, harbor, raise or maintain the following:
(1) Any livestock;
(2) Any poultry, except chickens being kept, harbored, raised, or maintained as accessory to a residential single family structure, subject to the following restrictions:
a. No more than six (6) chickens may be kept, with roosters prohibited,
b. No person shall slaughter any chickens,
c. The chickens shall be provided with a movable covered enclosure (henhouse/coop) and must be kept in the covered enclosure or a fenced enclosure at all times. Chickens must be secured within the henhouse/coop during non-daylight hours.
d. The space per bird in the henhouse/coop shall not be less than four (4) square feet per bird.
e. 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.
f. 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 must be impermeable to rodents, wild birds, and predators, including dogs and cats. Enclosures shall be kept in 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.
g. 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;
h. The sale of eggs or any other chicken products generated in City of Sarasota is prohibited.
i. No dog or cat that kills a chicken will, for that reason alone, be considered a dangerous or aggressive animal.
(3)Any rabbits, except those being kept, harbored, raised or maintained:
a. As pets within a completely enclosed dwelling or detached garage capable of housing at least two cars;
b. In an outside enclosure, coop or pen, up to a maximum of two rabbits.
(b) Notwithstanding the provisions of subsection (a) above, the city manager or his designee may, by special permit, authorize the keeping harboring, raising or maintaining of livestock, poultry or rabbits (not within a dwelling) within the city limits. A special permit may only be issued for a specified limited period of time and shall set forth such conditions or requirements as shall be deemed necessary to mitigate the potential adverse effects upon neighboring properties. In determining whether a special permit shall be issued, the city manager or his designee shall consider the nature of the request, the potential benefit to the city or the general public which may result if the special permit is granted, and any adverse effects which neighboring properties may experience if the special permit is granted.
(c) Notwithstanding the provisions of subsection (a) above, private restrictions on the use of property and keeping of animals shall remain enforceable and take precedence over the standards herein. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and covenant deeds. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
Strikethrough and Underline with Footnote explanations Based on draft/jks/12-14-10
CITY CODE, CHAPTER 8 - ANIMALS
Sec. 8-2. Keeping livestock and certain animals prohibited.
(a) Except for a retail establishment engaging in the lawful sale of animals and Sarasota Jungle Gardens, it shall be unlawful for any person to keep, harbor, raise or maintain the following:
(1) Any livestock;
(2) Any poultry, except chickens being kept, harbored, raised, or maintained as accessory to a residential single family structure, subject to the following restrictions:
b. No person shall slaughter any chickens,
c. The chickens shall be provided with a movable covered enclosure (i.e. “chicken tractor’) (henhouse/coop) or a fixed covered enclosure at all times.[2] and must be kept in the covered enclosure or a fenced enclosure at all times.[3] Chickens must be secured within the henhouse/coop, or during non-daylight hours.[4] Chicken enclosures shall only be located in a side or rear yard and must be at least ten (10) feet from the property line of an adjacent property.[5]
d. The space per bird in the henhouse/coop shall not be less than four (4) square feet per bird.[6]
e. 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.[7] Odors from chickens, chicken manure, or other chicken related substances shall not be detectable at the property boundaries.[8]
h. The sale of eggs or any other chicken products generated in City of Sarasota is prohibited.[10]
i. No dog or cat that kills a chicken will, for that reason alone, be considered a dangerous or aggressive animal.[11]
(3)Any rabbits, except those being kept, harbored, raised or maintained:
a. As pets within a completely enclosed dwelling or detached garage capable of housing at least two cars;
b. In an outside enclosure, coop or pen, up to a maximum of two rabbits.
(b) Notwithstanding the provisions of subsection (a) above, the city manager or his designee may, by special permit, authorize the keeping harboring, raising or maintaining of livestock, poultry or rabbits (not within a dwelling) within the city limits. A special permit may only be issued for a specified limited period of time and shall set forth such conditions or requirements as shall be deemed necessary to mitigate the potential adverse effects upon neighboring properties. In determining whether a special permit shall be issued, the city manager or his designee shall consider the nature of the request, the potential benefit to the city or the general public which may result if the special permit is granted, and any adverse effects which neighboring properties may experience if the special permit is granted.
(c) Notwithstanding the provisions of subsection (a) above, private restrictions on the use of property and keeping of animals shall remain enforceable and take precedence over the standards herein. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and covenant deeds. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
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CLUCK RESPONSE TO COMMON CONCERNS
Cluck members have reviewed public testimony to date, as well as letters to the editors and have divided concerns into four broad categories: Neighbor Concerns, Financial Implications Related to Enforcement, Animal Welfare Concerns and Health Concerns. These may be seen as representing the concerns from the viewpoint of the neighbors, the city, the chickens themselves, and general public health concerns.
Neighbor Concerns
There have been many concerns voiced by potential chicken neighbors, but the majority seem to deal with noise, odor and possible effects on real estate value.
1) Noise Much was made at the Planning Board meeting of a graphic showing that a hen could produce 70 decibels of sound energy. CLUCK believes this is true, but that would be a rare sound measured very near the chicken. Let’s concede that a hen could make a 70 decibel sound measured 2 feet away. Then the inverse distance law[12] predicts that at ten times the distance (20 feet), the sound pressure would drop a tenth, equivalent to a decibel drop of 20 decibels. Sources suggest 50 decibels is one fourth as loud as 70 decibels.[13] CLUCK maintains that the 50 decibel level is as loud as a quiet conversation at home and further that songbirds in one’s yard will sound louder than neighbor’s chickens.
We are attaching, and plan to provide more, documentation from City residents that neighbor’s chickens are not unduly noisy or problematic. See Appendix A.
Although we don’t anticipate noise to be a problem, we are responding in two ways. First we are proposing to increase the distance from the coop from 10’ to the property line to 25’ to any adjacent residence. Secondly, we note that in addition to the proposed changes in Chapter 8-2 (above) existing noise language in Chapter 20-4 that specifically references and prohibits any animal that “frequently or for continued duration” “squawks, or makes other sounds in such a manner as to annoy, disturb, injure or endanger the comfort, repose, health, peace, or safety of a reasonable person of normal sensibilities.”[14]
2)Odor CLUCK concedes that large quantities of chicken manure can have a distinctive unpleasant odor. But the same can be said for most animal waste. Whether dog feces smell worse than chicken manure is no doubt subjective, but according to one website an English Springer Spaniel would produce over 10,000 lbs of feces in its average (12 year) lifetime.[15] Yet, we are unlikely to notice the smell of such a neighbor dog’s lifetime 5 tons of waste.
The daily output of manure from a hen is from .2 to .34 pounds per day.[16] So six hens might produce somewhere between 1.2 and two pounds a day. Six hens, weighing about 7 lbs each would cumulatively weigh about 42 pounds, as much as that one English Springer Spaniel, a mid-sized dog.
The six hens, by contrast, would produce between 438 and 745 pounds of manure a year or 5,256 to 8,940 pounds total for all six hens over a 12 year period --half to five sixths as much waste as a comparable weight dog. So quantitatively at least, neighbors would be better off with six hens next door than one medium sized dog in terms of waste produced. And the chicken manure will be confined to the backyard, while the dog waste may be found along the sidewalk throughout the neighborhood.
Nevertheless, CLUCK has endorsed four provisions to minimize any potential odor issues.
a) We’re explicitly recommending including the following language “Odors from chickens, chicken manure, or other chicken-related substances shall not be detectable at the property boundaries.”
b) We’re recommending an increased distance (25’) from neighboring residences to the henhouse.
c We’re recommending regular removal of waste materials.
d) We’re advocating a provision that all manure not used for composting or fertilizing shall be removed promptly.
Finally, we note that in addition to the proposed changes in Chapter 8-2 (above) existing language in Chapter 17-1 specifically references and prohibits maintaining fowl manure.
3) Real Estate Some citizens have expressed concern that backyard chickens might negatively affect either a neighboring home’s selling price or the length of time to sale. CLUCK has requested any data to support this supposition, but none has been provided so this remains in the realm of opinion. When it comes to opinion, one prominent local realtor told us that four lawn ornaments in the front yard would have a more negative effect than four hens in the backyard and that a pink house next door would be more problematic than backyard hens.
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4) Public Health Concerns
The transmission of diseases from pets to humans is always a source of concern. The CDC (Center for Disease Control) has a publication Health risks associated with raising chickens[17] that summarizes health risks associated with chickens. This document emphasizes risks associated with Salmonella bacteria and provides a dozen recommended actions to minimize risk. It should be noted that Salmonella is also a risk with store-bought eggs and chicken meat and that a variety of other pets, including reptiles, amphibians, and fish (animals normally kept indoors) can all transmit Salmonella.
The University of Florida IFAS Extension has published a document What are the risks of contracting diseases associated with chickens?[18] that concludes “While nothing is risk-free, the risk of contracting Avian Influenza, Salmonella, E. coli, or mosquito-borne encephalitis by participating in embryology projects is extremely small.”
It is worth noting that the CDC flags fourteen separate diseases that can move from cats to people,[19] and fifteen separate diseases that can move from dogs to people.[20] It is for this reason (the fact that all pets carry health risks) that public health experts do not flag chickens as posing any greater risk than other pets. See e-mail to this effect from Sarasota County’s Director of Environmental Health, Chuck Henry, Appendix B
Another source of concern is so-called Bird Flu or Avian influenza. If you check the World Health Organization Global Alert and Response website,[21] you’ll see there are no cases of Avian influenza in North America. In addition, according to the CDC [22]Avian influenza is a somewhat misleading name as the influenza A (H5N1) virus has been found in pigs, domestic cats, and dogs.
Finally, in addition to diseases, pet-related injuries should be considered. We found no data related to injuries caused by female chickens. In contrast, the New York Times reported[23] recently that in 2008 about 866 people a day went to the emergency room with dog injuries and about 26 were admitted each day and that treatment for those admitted averaged $18,200 per person. In Sarasota County in 2009, 31 people needed rabies shots from possibly rabid mammals.
CLUCK concedes that some diseases can move from chickens to humans and recommends that backyard chicken keepers heed the advice of the CDC. But the facts suggest that chickens may be one of the least problematic pet species in terms of injuries and disease transmission to humans.
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Some People Simply Don’t Like Chickens
Finally, some people just don’t like chickens, for whatever reason. They may have had negative experiences as children, or be mildly phobic (alektorophobic)[24] about chickens.
These people are entitled to their dislikes and fears, just as many people don’t care for cats, or have been bitten or otherwise intimidated by dogs. But we live in a diverse society and many of our city’s neighborhoods are likewise diverse. In fact, a traditional neighborhood may be considered a collection of residences where people do not choose their neighbors and have very little direct control over the actions of their neighbors.
It is true that differences between neighbors can lead to tensions and conflict, but it is also true that diversity can lead to neighborly strengths. We may not always like the neighbor’s dog, but dog walkers are the eyes and ears of the neighborhood and help patrol and connect the community. We may not like the sounds of neighbor’s home improvement projects, but it is nice to be able to borrow tools. We many not like all the landscape approaches we notice, but we feel free to copy those we do like. And we hope our neighbors will forgive us our trespasses, as we forgive those who trespass against us.
Simply not caring for a species of animals is not sufficient by itself to deny others the right to keep such animals. Equitable public policy demands that factors other than popularity determine which species are acceptable.
A few hens are more productive and less problematic than many other common pets and personal taste or preference does not constitute a reason to ban them.
CLUCK maintains, based on the experience of those who have had a few hens, that backyard chickens can be a neighborhood building experience, that sharing eggs strengthens the relationships between neighbors and contributes to positive neighbor interactions. See Appendix A.
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Financial Concerns Related to Enforcement
CLUCK and City Planning Staff are supporting a no permit system, which eliminates front-end paperwork and data management, minimizing administrative costs for the City.
While there have been many concerns raised regarding the potential for increased chicken-related enforcement costs, no one has produced any data to suggest code enforcement complaints (and hence costs) will increase – they may remain constant or decline. Data from other communities suggest enforcement need not be a problem.[25]
Data from the City of Sarasota reveal that for the last two years, there were 2,998 code complaints and only 7 (or 0.233%) of those were chicken related, and only one of those went on to become a case. And this is during a period when the only people keeping chickens in the City were breaking the law! Is it unreasonable to assume that law-abiding citizens are likely to be more responsible? Even if chicken code complaints quadrupled (and the ratio of other complaints remains the same) we’re still only talking about 1% of city Code complaints. Still, in tight economic times, any increase is noteworthy, so CLUCK has identified three strategies to offset any potential enforcement costs.
1) Reduced systemic costs Backyard hens have the potential to reduce other municipal costs.
a. LANDFILL TIPPING FEES Based on City of Sarasota figures for household waste generation and national figures for the percentage of food waste in household garbage, CLUCK calculated that if only 1 in 92 Sarasota households had chickens and fed five sevenths of their food waste to their hens[26], it could divert over 90 tons a year from the landfill. Since charges for garbage pickup would remain the same, the saved landfill tipping fees would represent a solid waste subsidy by chicken keepers and a savings (at $48.34 a ton, around $4,350 a year) for the City. In addition, we estimate the food waste diverted into hens could produce as many as 20 dozen eggs a day.
b. SEWAGE TREATMENT COSTS It is generally believed that organic food waste material ground up in sink garbage disposals increases costs at municipal sewage treatment facilities. By diverting food waste from sewage, some uncalculated savings would be achieved.
2) Informal code compliance support CLUCK has had a preliminary conversation with Tim Litchet and Beverly Spangler suggesting that City would be amenable to CLUCK playing an informal role in resolving some chicken-related code concerns. Mr. Litchet was clear that a formal volunteer code enforcement program (which is allowed by Florida law) would carry its own training costs and liability concerns, but that an informal role had possibilities. CLUCK has already independently negotiated an end to two chicken violations in the City.
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3) Fines Concern was expressed at the Planning Board hearing that there was no provision for enforcement, but CLUCK believes that is simply because the enforcement procedure and penalty schedule appear in a separate section of the City Code. Chapter 2 Article V. Division 5 (Code Compliance System) Section 2-321 provides for a $50 a day fine[27] for violations of Chapter 8.2 -8.4.
In addition, enforcement costs following re-legalization should acknowledge existing background levels of complaints. In other words, some people will attempt to keep chickens whether they are legal or not. Costs ascribed to enforcement should only count additional enforcement actions.
In summary, CLUCK does not see any evidence for projected significant increases in chicken-related code complaints. To the extent there are any, CLUCK believes the existing penalty schedule and informal intervention can minimize costs to the city, while diverting food waste from the landfill and sewage treatment plant should result in measurable savings.
Animal Welfare Concerns
Some public testimony addressed animal welfare concerns and CLUCK recognizes the tremendous abuse commercial laying hens are subjected to[28] in industrialized production facilities. CLUCK believes backyard chicken keeping can provide a more humane alternative to chicken keeping and egg production. On the other hand, CLUCK supporters are not so far at one end of the animal welfare spectrum that they oppose the keeping of all pets. CLUCK is committed to providing safe, humane conditions for the chickens and CLUCK supports the numerous ordinance provisions included for the benefit of the chickens. In addition, CLUCK is proposing an additional requirement that each hen have a minimum of four square feet of floor space in the coop. This compares very favorably with industrial facilities where chickens sometimes can’t lift their wings or turn around. We are confident that backyard hens are the best cared for and best loved chickens in the country.
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CLUCK OUTREACH AND CITIZEN PARTICIPATION
Over the past 18 months, CLUCK has utilized seven “channels” or venues to maximize the likelihood interested members of the public can learn about what is being proposed.
NEWS MEDIA: The CLUCK backyard chicken initiative is newsworthy (with lots of pun potential) and CLUCK has cooperated with local print, radio, and TV media to get the word out. Over 20 stories and editorials have appeared to date, most of which can be accessed from the blog.
MONTHLY MEETINGS: CLUCK holds monthly meetings to educate, entertain and strategize. Meeting topics have included coop comparisons, show-and-tell chicken breeds and we have screened two chicken documentaries.
FACEBOOK GROUP: CLUCK created a Facebook Group [30]to enable Facebook Users to show their support and stay informed. We now have over 500 group members who keep current through Facebook.
CCNA: At the outset of the initiative CLUCK supporters attended a meeting of CCNA (the Coalition of City of Neighborhood Associations)[31] to let representatives from city neighborhoods know about the CLUCK initiative. The CCNA reps provided a number of suggestions that have been incorporated into the draft ordinance. In addition, CLUCK offered to provide a representative to attend neighborhood board meetings to explain what was being considered, answer questions, and listen for additional concerns. This offer has been repeated four separate times so every participating neighborhood has had ample opportunity to learn about what is being proposed.
EDUCATIONAL OPPORTUNITIES: CLUCK has worked with charter CLUCK supporter Alex Coe and IFAS to encourage educational chicken workshops. Alex’s workshop[32] was held October 15th and the first County Extension “Chickens 101”[33] will be held in January 8th.
CLUCK BLOG: The CLUCK Blog[34] has become a huge success with over 6,000 pageviews, over 80 blog entries and access to local content as well as links to other backyard chicken sources. In addition, the SarasotaCLUCK blog is linked to SarasotaSpeaks[35] so that additional audiences can find blog postings.
In addition to CLUCK's efforts, City Planning Staff maintains an extensive email list of interested groups and individuals who have been notified about the proposed code changes related to chickens.
The combined effects of staff's efforts, taken with those of CLUCK and the County Extension Office have resulted in an unprecedented effort to inform the public about this pending change in the City Code.
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Appendix A Testimony from two neighbors
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Appendix B Chicken Disease Risk
[1] CLUCK has consistently made the case that 6 is a more appropriate number. Look for the blog entry Six Hens or Four Hens
[2] There was no testimony opposing movable coops, which promise more flexibility in siting and are arguably better for the birds.
[3] Chickens cannot roam at large
[4] Clarifies that the birds are to be shut in the henhouse at night.
[5] Moved to new section e.
[6] Animal welfare concern. Tracks standard practice.
[7] 25 foot distance from any adjacent residential structure is language added in response to neighbor concerns
[8] Provides standard for odors
[9] Emphasizes the importance of a secure coop
[10] Concern was expressed about traffic generated by egg sales. This prohibits sale of eggs or any chicken products.
[11] Dog and cat owners did not want their pets possibly euthanized simply for following instincts. This clarifies the matter.
[12] http://www.sengpielaudio.com/calculator-distancelaw.htm
[13] http://www.industrialnoisecontrol.com/comparative-noise-examples.htm
[14] http://library.municode.com/HTML/11553/level2/PTIITHCO_CH20SORE.html
[15] http://www.baxterboo.com/fun/poopscoop/?
[16] http://ohioline.osu.edu/b804/804_3.html
[17] http://www.cdc.gov/healthypets/pdf/intown_flocks.pdf
[18] http://edis.ifas.ufl.edu/in631
[19] http://www.cdc.gov/healthypets/animals/cats.htm
[20] http://www.cdc.gov/healthypets/animals/dogs.htm
[21] http://www.who.int/csr/disease/avian_influenza/updates/en/index.html
[22] http://www.cdc.gov/flu/avian/outbreaks/current.htm
[23] http://www.nytimes.com/2010/12/14/health/research/14risks.html?_r=2
[24] http://www.animalloverworld.com/birds/Alektorophobia.html
[25] http://sarasotacluck.blogspot.com/2010/12/david-grimes-offers-to-help-with.html
[26] Chickens will consume most but not all leftovers. Citrus rinds, bones, etc. will not be eaten. Five sevenths is an estimate.
[27]http://library.municode.com/index.aspx?clientId=11553&stateId=9&stateName=Florida
[28] http://www.humanesociety.org/news/press_releases/2010/11/cal-maine_111710.html
[29] http://www.sarasotacluck.com/
[30] http://www.facebook.com/group.php?gid=118190386787
[31] http://www.sarasotaccna.org/CCNA_Welcome.html
[32] http://sarasotacluck.blogspot.com/2010/09/chicken-workshop-so-you-think-you-want.html
[33] http://sarasotacluck.blogspot.com/2010/12/sarasota-county-extension-office.html
[34] http://sarasotacluck.blogspot.com/
[35] http://www.sarasotaspeaks.com/
