City of St. Petersburg

PUBLIC SERVICES & INFRASTRUCTURE COMMITTEE

Meeting of JULY 17, 2014 – 9:15 A.M.

City Hall, Room 100

Members and Alternates: Committee Chair William “Bill” Dudley, Vice Chair Steve Kornell,

Councilmembers Wengay Newton, Darden Rice, and James

Kennedy (alternate)

Support Staff: Brian Campbell, primary staff support; Blaise Mazzola, backup staff support

A. Call to Order

B. Approval of Agenda

C. New Business

1. Urban Farming Ordinance - Derek Kilborn

2. Small Animals Ordinance - Mark Winn

D. New Business - Referrals from Council

1. Discussion regarding all major special events on City property to have certain

requirements for recycling. (Vice-Chair Kornell)

2. Discussion regarding renaming Childs Park Recreation Center to the Childs Park

Recreation & Fitness Center. (Councilmember Newton)

3. Discussion regarding creating an ordinance that strengthens the LDRs to limit

business encroachment into neighborhoods. (Councilmember Rice)

4. Discussion to request Administration to provide an easily searchable update on the

City's website that informs the public of upcoming and pending fireworks events

locations and times. (Councilmember Rice)

E. Upcoming Meetings - Skateboard Ordinance

F. Pending and Continuing Referral List -

1. Referral List

G. Adjournment

MEMORANDUM

TO: Chair and Members of the Public Services &Infrastructure Committee

FROM: Mark A. Winn, Chief Assistant City Attorney

DATE: June 13, 2014

RE: Small Animals Ordinance

Attached please find an amendment to the City Code regulating livestock and fowlwhich I believe is consistent with your discussions at the Public Services &Infrastructure Committee meeting several months ago. The ordinance updates theregulation of fowl, goats, horses, cattle and Vietnamese pot-bellied pigs and createsnew sections for the regulation of miniature sheep and miniature goats.

The City had regulations for certain types of animals that would normally be consideredfarm animals. I have modified those provisions to be consistent with the new regulationswhich you asked me to draft which created an exception for miniature goats andminiature sheep as household pets. These animals were previously prohibited underthe City Code and their non-miniature counterparts continue to be prohibited.

This ordinance is ready for discussion at an upcoming PS&I meeting. You can makechanges to the ordinance, if you wish to, at that time.

If you have any questions, please feel free to contact me.

Attachment

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AN ORDINANCE AMENDING SECTIONS 4-3 I THROUGH4-33 OF THE ST. PETERSBURG CITY CODE WHICHPROVIDE FOR THE REGULATION OF FOWL, GOATS,HORSES, CATTLE AND VIETNAMESE POT BELLIEDPIGS; CREATING NEW SECTIONS 4-34 AND 4-35 TOPROVIDE FOR THE REGULATION OF MINIATURESHEEP AND MINIATURE GOATS; AND PROVIDING ANEFFECTIVE DATE.

THE CITY OF ST. PETERSBURG, FLORIDA DOES ORDAIN:

SECTION 1. Section 4-31 thru 4-33 of the St. Petersburg City Code arehereby amended to read as follows:

Sec. 4-3 1. Keeping thwl in (he City.

(a) Scope ofsection. The provisiens For the purposes of this section, the term fowlshall mean halI apply to the following types of fowl when located on privateproperty: chickens, turkeys, ducks, geese and guinea fowl.

(b) Running a! large. FowI-ubject to this-section, running at large within the Cityare hereby declared to be nuisances. No fowl shall be allowed to run at large orupon the property of a person not the owner without the permission of theproperty owner or occupant.

(c) Manner ofkeeping.

a. No person shall be allowed to keep any fowl, 5ubject to this section, within theG14y unless the fowl are jj securely fenced and confined to the premisesof the owner, and coops and runways are kept clean and free from offcnivcedes.

b. A coop shall be provided to house the fowl when outside. Coops shall have amaximum height of six feet and shall not exceed 130 sciuare feet. No coopshall be allowed in the front yard setback of any property or beyond the front.facade of the principal structure. A coop shall comply with the side and rearyard setback reQuirements.

c. There shall be at least four square feet within the coop for each fowl.ci. All coops and fenced areas where fowl are kept shall be kept clean and free

from any offensive odors.e. There shall be at least 10 sciuare feet of open area (outside of buildings and the

coop) for each fowl.f. Not more than ten fowl are allowed on each property, regardless of the size of

the property.

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(d) Prohibited locations. It shall be unlawful for any person to keep or maintain anycoop fowl, subject to this section, in any residential zoning district within 50 -1-00feet of any residence except the residence of the owner, without the writtenconsent of the owner or occupant of such residence.

Noisyfowl. Crowing roosters or other noisy fowl which violate the noiseordinance (currently Sec. l-53(7) are hereby declared to be nuisances. Ijj..owner orpossessor of the property on which the fowl are located are responsiblefor the noise created by the fowl. If the property owner or possessor has beenconvicted of a noise violation related to the fowl, the fowl shall be removed fromthe property and it is unlawful to keep fowl at the properly until there is a changeof ownership or possession of the property, and-shall -not be kept within the City-after a-complaint has been made to the Chief of Police that the-complainant isdisturbed thereby and the Chief of Police-has notified the owner of the-fowl to

them from the City. Any person-keeping-or maintaining such fowl afterreceived notice to remove them shall be in violation of this section.

(f) Public property. Fowl subject to-this section shall not be released within the Cityor onto City properly.

Sec. 4-32. Farm Animals. Keepi.n—goats. horses and cattle. etc

(a) Animals subject to this scdflon. The provisions of As used in this section, farmanimal shall apply to goats, sheep, swine, horses, donkeys, mules,hinnies andcattle unless there is a specific exception provided in this Article.

(b) Location reStrictions. It shall be unlawful for any person to keep or maintain anyanimals subject to this section in any residential zoning district, within 100-

feet of any residence except the residence of the over CE-keeper of such animalswithout meeting the following minimum requirements.(I) At least one acre for each horse, mule, donkey. hinny or cow.(2) At least one half acre for each sheep, swine or goat.(3) All farm animals shall be kept in a securely fenced area which shall not

include any portion of the front yard.(4) A structure providing sufficient shelter in the event of inclement weather

shall be provided. The structure shall meet the minimum standard sizerequirements for the particular farm animal. Such structure shall not be located inthe front yard setback of any property or beyond the front façade of the principalstructure. Such structure shall comply with side and rear yard setback

(c)

requirements and shall otherwise comply with any applicable requirements foraccessory structures in the respective zoning district

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(c) Ck’an!incss. Places where any farm animals subject to this seel-len are kept shallbe kept clean and dry. All manure shall be picked up daily and kept in a bin orreceptacle that will exclude flies and odors. The bin shall be localed at a pointfurthest from any dwelling or other structure owned or occupied by other persons.

(d) It is unlawful for any farm animal owner or person in charge of a farm animal toallow the area in which the farm animal is kept or allowed to roam to become thesource of odors which are detectable on adjoining properties where such odors arethe result of the farm animal being kept or allowed to roam on the subjectproperty.

SECTION 2. The St. Petersburg City Code is amended by deleting the existing Section4-33 and replacing it with a new Section 4-33 to read as follows:

4-33. Keeping Vietnamese pigs as household pets.

(a) Definitions. The term “Vietnamese pigs” or “pigs,” as used herein, shall mean the types of pigscommonly known as Vietnamese pot bellied pigs. The term ‘residence,’ as used herein, shallmean a residentially used structure that is a single family unit, duplex, triplex or quadraplex,and shall not include garage apartments, apartment complexes, condominiums or cooperativeassociations.

(b) Size. There is no size limit for Vietnamese pigs.

(c) Manner ofkeeping. The following restrictions shall apply to the keeping of Vietnamese pigs.(I) Vietnamese pigs are only allowed to be kept at residences and no more than one

(I) Vietnamese pig shall be allowed per residence.(2) The breeding of Vietnamese pigs is prohibited.(3) All male Vietnamese pigs shall be neutered.(4) Vietnamese pigs are not required to be detusked.(5) Vietnamese pigs shall be controlled by a leash, harness or tether whenever outside

of a structure or fenced area. Any leash, harness, or tether shall not exceed six (6)feet in length.

(6) The residence must have a securely fenced back yard. The fence shall be at leastfour (4) feet in height.

(7) Outdoor enclosures shall be kept clean and dry at all times the pigs are there andshould be supplied with fresh, dry hay or straw.

(8) The owner shall provide upon request from the POD, a current certification froma veterinarian licensed in the State that all necessary and appropriate vaccinationshave been administered and that the pig has been tested and demonstrated free ofparasitic disease.

(9) It is unlawful for any Vietnamese pig owner or person in charge of a pig, to failto remove deposits of excreta made by a pig in that person’s charge when thedeposit of the excreta occurred in the presence of the owner or person in chargeof the pig on any property not belonging to the owner or a person in charge of the

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pig. If such depositing of exereta occurs, the owner or person in charge of the pigshall immediately cause its removal for disposal.

(10) Ills unlawful for any Vietnamese pig owner or person in charge of a pig to allowthe area in which the pig is kept or allowed to roam to become the source ofodors which are detectable on adjoining properties where such odors are theresult of the pig being kept or allowed to roam on the subject property.

SECTION 3. The St. Petersburg City Code is amended by adding a new section 4-34to read as follows:

4-34. Keeping miniature goats as household pets.

(a) Definilions. The term “miniature goats” or “goats,” as used herein, shall mean the typesof goats commonly known as the African Pygmy and Nigerian Dwarf goats. The term‘residence,’ as used herein, shall mean a residentially used structure that is a single familyunit, duplex, triplex or quadraplex, and shall not include garage apartments, apartmentcomplexes, condominiums or cooperative associations.

(b) Size. Nigerian Dwarf goats shall not exceed a weight of seventy-five (75) pounds; AfricanPygmy goats shall not exceed a weight of sixty (60) pounds. Neither breed shall exceed aheight of twenty-five (25) inches as measured at the withers.

(c) Manner ofkeeping. The following restrictions shall apply to the keeping of miniaturegoats.(I) Miniature goats are only allowed to be kept at residences and no more than two (2)

miniature goats shall be allowed per residence.(2) The breeding of miniature goats is prohibited.(3) All male miniature goats shall be neutered.(4) All miniature goats shall be dehorned.(5) Miniature goats shall be controlled by a leash, harness or tether whenever outside of

a structure or fenced area. Any leash, harness, or tether shall not exceed six (6) feetin length.

(6) The residence must have a securely fenced back yard. The fence shall be at least four(4) feet in height.

(7) Outdoor enclosures shall be kept clean and dry at all times the goats are there andshould be supplied with fresh, dry hay or straw.

(8) The owner shall provide upon request from the POD, a current certification from aveterinarian licensed in the State that all necessary and appropriate vaccinations havebeen administered.

(9) It is unlawful for any goat owner or person in charge of a goat, to fail to removedeposits of excreta made by a goat in that person’s charge when the deposit of theexcreta occurred in the presence of the owner or person in charge of the goat on anyproperty not belonging to the owner or a person in charge of the goat. If suchdepositing of excreta occurs, the owner or person in charge of the goat shallimmediately cause Its removal for disposal.

(10) It is unlawful for any goat owner or person in charge of a goat to allow the area in

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which the goat is kept or allowed to roam to become the source of odors which aredetectable on adjoining properties where such odors are the result of the goat beingkept or allowed to roam on the subject property.

SECTION 4. The St. Petersburg City Code is hereby amended by adding a newsection 4-35 to read as follows:

4-35. Keeping miniature sheep as household pets.

(a) Definitions. The term “miniature sheep or “sheep,” as used herein, shall mean the type ofsheep commonly known as the Miniature Babydoll, Miniature Shetland, and MiniatureCheviot sheep. The term ‘residence,’ as used herein, shall mean a residentially usedstructure that is a single family unit, duplex, triplex or quadraplex, and shall not includegarage apartments, apartment complexes, condominiums or cooperative associations.

(b) Size. Miniature sheep shall not exceed a weight of one hundred (100) pounds. Nor shall theyreach a height exceeding twenty-five (25) inches as measured at the withers.

(c) Manner ofkeeping. The following restrictions shall apply to the keeping of miniature sheep.(I) Miniature sheep are only allowed to be kept at residences and no more than two (2)

miniature sheep shall be allowed per residence.(2) The breeding of miniature sheep is prohibited.(3) All male miniature sheep shall be neutered.(4) All miniature sheep shall be dehorned.(5) Miniature sheep shall be controlled by a leash, harness or tether whenever outside of

a structure or fenced area. Any leash, harness, or tether shall not exceed six (6) feetin length.

(6) The residence must have a securely fenced back yard. The fence shall be at least four(4) feet in height.

(7) Outdoor enclosures shall be kept clean and dry at all times sheep are there and shouldbe supplied with fresh, dry hay or straw.

(8) The owner shall provide upon request from the POD, a current certification from aVeterinarian licensed in the State that all necessary and appropriate vaccinations havebeen administered.

(9) It is unlawful for any sheep owner or person in charge of a sheep, to fail to removedeposits of excreta made by a sheep in that person’s charge when the deposit of theexcreta occurred in the presence of the owner or person in charge of the sheep onany property not belonging to the owner or a person in charge of the sheep. If suchdepositing of excreta occurs, the owner or person in charge of the sheep shallimmediately cause its removal for disposal.

(10) It is unlawful for any sheep owner or person in charge of a sheep to allow the areain which the sheep is kept or allowed to roam to become the source of odors whichare detectable on adjoining properties where such odors are the result of the sheepbeing kept or allowed to roam on the subject property.

SECTION 5. Words in underlined type are additions to the City Code and struck through words

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are words to be delcied from the existing City Code.

SECTION 6. The provisions of this ordinance shaH be deemed to be severable. If anyportion of this ordinance is decmed unconstitutional it shall not affect the constitutionality of anyother portion of this ordinance.

SECTION 7. In the event this Ordinance is not vetoed by the Mayor in accordance withthe City Charter, it shall become effective upon the expiration of the fifth business day afteradoption unless the Mayor notifies the City Council through written notice filed with the CityClerk that the Mayor will not veto the Ordinance, in which case the Ordinance shall becomeeffective immediately upon filing such written notice with the City Clerk. In the event thisOrdinance is vetoed by the Mayor in accordance with the City Charter, it shall not becomeeffective unless and until the City Council overrides the veto in accordance with the CityCharter, in which case it shall become effective immediately upon a successful vote to overridethe veto or as otherwise provided.

Approved as to form and content:

oii17j—-

00197083

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