long beach, ca proposed ordinance re keeping chickens, goats and bees

7/28/2019 Long Beach, CA proposed ordinance re keeping chickens, goats and bees.

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ORD-19CITY L NG BE CHDEPARTMENT OF PARK S, R ECREAT ION & MARINE2760 N. Studebaker Road, Long Beach, CA 90815-1697

(562) 570-3100 II FAX (562) 570-3109www.LBParks.org

t L " e n a l i o nJ uly 16, 2013

HONORABLE MAYOR AND CITY COUNCILCity of Long BeachCaliforniaRECOMMENDATION:

Declare Ordinance amending Section 6.16.010, Chapter 6.20, and Section6.24.010 of the Long Beach Municipal Code, all relating to livestock and otheranimals, read the first time and laid over to the next regular meeting of the CityCouncil for final reading. (Citywide)

DISCUSSIONThe current Long Beach Municipal Code (Municipal Code) allows for residents to ownand keep chickens, goats, and bees on their property with certain restrictions. Forexample, chickens must be kept at a minimum of 50 feet away from dwellings; goats arenot allowed south of Anaheim Street and must be kept 100 feet away from dwellings;and beehives must be kept ten feet above the ground and 100 feet away fromdwellings. There are a number of households in the City of Long Beach (City)interested in urban agriculture and raising and producing their own food, such as eggs,honey, and goat's milk. Several residents approached the City Council's EnvironmentalCommittee (Committee) to ask for a change to the current laws to make it lessrestrictive and easier for people to own chickens, goats, and bees.On March 13, 2012, the Committee directed the Office of Sustainability staff to developproposed changes to the City's existing rules (contained in Title 6 of the MunicipalCode) governing the keeping of chickens, goats, and bees, and to seek public input onthe proposals. The Office of Sustainability drafted a set of general proposals based onextensive research on the policies of other large cities in California and in other states.Community meetings were held on Monday, J une 11, 2012, at the Long BeachCommunity Action Partnership, 3012 Long Beach Boulevard; and on Thursday, J une14, 2012, at the Whaley Park Community Center, 5620 East Atherton Street. A total of70 residents attended the two community meetings. At these meetings, a one-pagehandout detailing Long Beach's current rules and proposed changes was distributedand discussed.

"W e cre ate comm un ity a nd e nh an ce th e q uality o f life thro ug h pe ople , pla ce s, p ro gram s an d pa rtn ersh ip s


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HONORABLE MAYOR AND CITY COUNCILJ uly 16, 2013Page 2

The proposed changes, which are intended to ease current restrictions, mainlyaddressed the required minimum distances between the areas where the animals arebeing kept, i.e., coops, enclosures, or hives, and the neighboring dwelling(s), with all ofthe proposals recommending a reduction of that distance. A majority of the residentswho attended the community meetings identified themselves as supporting changesthat would be more permissive to the keeping of chickens, goats, and bees, buttempered by concerns for the need to balance animal welfare and humane treatmentwith the benefits of food production.On November 27,2012, the Committee directed City staff to develop proposed changesto Title 6 of the Municipal Code based on input from the public, and to provide theCommittee with proposed revised Municipal Code changes at their next meeting in2013.The Department of Parks, Recreation and Marine, Animal Care Services Bureau (ACS),in coordination with the Office of Sustainability and the City Attorney's Office, drafted aset of proposed Title 6 Municipal Code changes after reviewing public feedback, mostlyin favor of relaxing the restrictions for the keeping of these animals, tempered withconcerns for public safety and the welfare of keeping these types of animals in an urbanenvironment. These proposed changes were presented to the Committee at theirmeeting on March 18, 2013, and approved with a few amendments, including reducingthe distance to neighboring dwellings for goats and chickens from 20 feet to 10 feet, andincreasing the number of beehives kept on any property from two to four.The Ordinance detailing the proposed Municipal Code changes reflects a balance ofrelaxing the restrictions while taking into consideration and ensuring the humanetreatment of these animals. ACS, in conjunction with the Health and Human ServicesDepartment, will pursue a marketing and education campaign to build an awarenessand understanding of the proposed Ordinance.The fees referenced in the Ordinance are anticipated to be approved through the FY14Budget process. The proposed fees will include a $20 annual permit fee for two goats,no more, no less, and/or the keeping of more than five chickens. In addition, a one-time$63 inspection fee will be required to keep more than five chickens. Because theOrdinance will be enacted prior to the implementation of the proposed fees on October1, 2013, the City will issue a temporary permit, free of charge, to eligible parties whoapply before then. The temporary permit will expire on October 31, 2013, which willgive those individuals with a temporary permit one month to secure the new annualpermit and pay the corresponding fee.This matter was reviewed by Deputy City Attorney Linda Vu on May 30, 2013 and byBudget Management Officer Victoria Bell on May 16, 2013.


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FISCAL IMPACT

HONORABLE MAYOR AND CITY COUNCILJ uly 16, 2013Page 3

TIMING CONSIDERATIONS

City Council action is requested on J uly 16, 2013, in order to implement the Ordinancein a timely manner.

There is no immediate fiscal impact associated with the recommended action.Additional workload associated with the implementation of this policy is expected to beminimal and absorbed within current budgeted resources. The anticipated revenuegenerated from the proposed new fees is expected to be minimal. There is no impact tojobs associated with the recommended action.SUGGESTED ACTION:

Approve recommendation.

CREATION AND MARINEGC:TSAttachment: OrdinanceRedline

APPROVED:


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6.20.010 Definitions.The following words, as used in this Chapter, shall have the

signification attached to them in this Section, unless otherwise clearlyapparent from the context:

A. "Coop" means and includes any pen, coop or enclosurewherein live fowl are kept and maintained.

B. "Crowing fowl" means and includes any male fowl capable ofmaking a sound peculiar to its species or type.

C. "Dwelling" means and includes any place of human habitation.D. "Fowl" means and includes male and female chicken, duck,

goose, seafowl, peacock, turkey and pheasant.

6.20.020 Fowl - Number restricted.No person shall keep or maintain more than a total of twenty (20) live

fowl or any combination of such animals on any lot or parcel of land withinthe City.

6.20.030A .

Fowl - Distance from dwelling.Except as provided in Subsection 6.20.030.B and subject to

Section 6.20.140 for the keeping of live chickens, no person shall keep ormaintain any live fowl within the City less than fifty feet (50') from any otherperson's single-family or two-family dwelling or less than one hundred feet(100') from any hotel or dwelling occupied by, or designed for theoccupancy of three (3) or more families.

B. One (1) live fowl may be kept or maintained as a pet on anylot or parcel of land within the City, provided that the pen, coop or othersuch enclosure for any such pet fowl shall be no less than twenty feet (20')

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the property.

6.20.080 Fowl - Impoundment-Food and water.No person shall impound any live fowl unless provision is made by

such person for the proper feeding and the furnishing of water to such fowlat intervals not longer than twelve (12) hours apart.

6.20.090 Fowl - Impoundment-Coop size.No person shall impound any live fowl in a coop which is less than

twice as large in floor space or standing room as the total size of all live fowlwhich may be impounded therein, and which is not sufficiently high as topermit each fowl impounded therein to stand in a natural erect position.

6.20.100 Fowl - Wing locking prohibited.No person handling live fowl shall lock the wings of such fowl.

6.20.110A .

Fowl and rabbits - Artificial coloring prohibited.No person, by means of any application to or upon the

exterior portion thereof or in any other manner, shall dye, artificially color or .alter or otherwise change the natural color of any live rabbit or fowl.

B. No person shall sell, offer or display for sale, barter or give toany person any live rabbit or live fowl, the natural color of which animal hasbeen changed by dyeing, coloring, or any other artificial manner.

C. No person shall sell, offer for sale, barter or give away anychick, duckling, or other fowl under four (4) weeks of age, or rabbit undertwo (2) months of age, as pets, toys, premiums or novelties.

D. This Section shall not be construed to prohibit the display orsale of rabbits, chicks, ducklings or other fowl in proper facilities by dealers,

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live chickens on the property to prevent escape. The enclosure must be aminimum size of ten (10) square feet of permeable land per chicken.

B. Adequate shelter must be provided to protect the chickensfrom the elements, and to prevent wildlife or other predators from gainingentry.

6.20.140 Chickens - Distance from dwelling.Live chickens may be kept or maintained on residential property

within the City, provided that the chickens must be kept at least a minimumdistance away from any other person's dwelling, as follows:

Number of Chickens Minimum Distance From Any Adjacent Dwelling1-4 10 feet5 -10 35 feet11 - 20 50 feet

6.20.150A.

Goats - Permit and microchip required.No person shall have, keep, maintain, or have in possession

or under control, on residential property within the City, any live goat withoutfirst applying to and receiving from the Animal Care Services Bureau apermit to do so.

B. The Director is invested with the authority to issue permitssubject to an identifiable microchip requirement for the keeping ormaintaining of live goats to any person when, in the opinion of the Director,such goats may be kept or maintained without menacing the safety of anyperson or property; provided, however, that the Director may issueadditional rules and regulations regulating the keeping or maintaining ofsuch goats, and may deny, suspend, revoke or deny renewal thereof, anysuch permit for the violation of.this Chapter, or any other provisions of the

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Long Beach Municipal Code, or any of the rules and regulations issued bythe Director, or when, in his or her opinion, the safety of any person orproperty is menaced by the keeping of any such goats.

C. All permits issued under this Section shall be for a period notto exceed one (1) year in duration. The Director shall automatically renewsuch permits every year if the Director determines that the permit holdercomplied with the provisions of this Chapter and applicable laws during thepreceding permit term, and if the permit holder pays the annual fee asprescribed by City Council resolution.

6.20.160 Goats - Personal consumption only.Food produced by live goats shall be for personal consumption only

by members of permittee's household, and shall not be sold, donated orotherwise distributed to any other person.

6.20.170 Goats - Number.Exactly (no more and no less than) two (2) live goats may be kept on

residential property within the City, except that offspring may be kept on theproperty for up to six (6) months from birth.

6.20.180 Goats - Dehorned.All live goats shall be dehorned.

6.20.190 Goats - Neutered males.Male goats shall be neutered.

6.20.200 Goats - Distance from dwelling.No person shall keep or maintain any live goat in the City within ten

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Mayor

I. For the purposes of this Section, the term "dwelling" means2 any place of human habitation.3

4 Section 4. The City Clerk shall certify to the passage of this ordinance by5 the City Council and cause it to be posted in three (3) conspicuous places in the City of6 Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the7 Mayor.8 I hereby certify that the foregoing ordinance was adopted by the City9 Council of the City of Long Beach at its meeting of , 20_, by the10 following vote:11; > , ' - -oQ) 0Q 12 Ayes: Councilmembers:C5 LL ' < j "~ . c ( l )~( l )

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Councilmembers:- " ' " OJ 16 Noes:: : : Ul c~ol l J . . . . . I< "> 17: : : ~18 Absent: Councilmembers:19202122232425 Approved:26 (Date)2728

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City Clerk


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[email protected] Fowl-Dealers exempt.Nothing contained in this Chapter shall be deemed to prohibit the keeping

of fowl by regularly licensed dealers for the purpose of sale at their respective places ofbusiness. Such animals shall be kept and maintained in a clean and sanitary conditionand such dealers shall conform to and abide by the rules and regulations of the Health

22 Department with reference to the keeping of such animals on the premises of such23 dealers.

25 6.20.070 - Fowl-Enclosure sanitation.26 Wherever live fowl are permitted to be kept or maintained in the City, no27 person, so keeping or maintaining such fowl, shall fail at any time to keep the coops,28 pens or yards wherein such fowl are enclosed in a clean and sanitary condition nor shall

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12 6.20.4+230 - Rabbits and goats-Running at large and keeping in front yard prohibited.3 A . No person shall allow any rabbits or goats owned or controlled by

A. No person shall establish or maintain a beehive at a distance lessthan one hundred feet (100') from a dwelling, except the d\ivelling occupied by the personestablishing or maintaining the beehive.No more than four (4) beehives may beestablished or maintained on any residential property within the City.

B. No person shall establish or maintain a beehive at a distance lessthan one hundred feet (100') from a public way.Any person intending to establish ormaintain any beehive on any residential property within the City must first register withthe County of Los Angeles and provide a copy of such registration to the Director of the

18 Animal Care Services Bureau.19

4 such person to run at large.B . No person shall allow any rabbits or goats, enclosure or related

6 structure owned or controlled by such person to be placed or kept in the front yard of the7 property.8

6.24.010- Beehives.

C. No person shall establish or maintain a beehive at an elevation less20 than ten feet (10') above the ground in the front yard of the property.21 D . No person shall establish or maintain a beehive at a distance less22 than ten feet (10') from all property lines.23 E . Beehive entrances shall face away from or be parallel to the nearest24 property line(s).25 F . Beehives must either be screened so that the bees must fly over a26 six-foot barrier, which may be vegetative, before leaving the property, or be placed at27 least eight-feet above the adjacent ground level.28 G. A water source for bees shall be provided at all times on the property

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long beach, ca proposed ordinance re keeping chickens, goats and bees

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