CITY OF PALMETTO
ORDINANCE NO. 2018- 11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
PALMETTO, FLORIDA, AMENDING CHAPTER 6, ARTICLE I,
SECTION 6- 1 OF THE PALMETTO CODE OF ORDINANCES, BIRD
SANCTUARY, TO PROHIBIT THE HARBORING OR KEEPING OF
CHICKENS EXCEPT IN CONFORMANCE WITH CITY
REGULATIONS, AMENDING CHAPTER 6, ARTICLE II, SECTION 6- 31
OF THE PALMETTO CITY CODE OF ORDINANCES, TO REGULATE
CHICKEN -KEEPING WITHIN CITY LIMITS; PROVIDING
DEFINITIONS; PROHIBITING ROOSTERS, FOWL, OR POULTRY
OTHER THAN CHICKENS; PROVIDING GENERAL REQUIREMENTS
FOR ENCLOSURES, LOCATION, AND MAINTENANCE; PROVIDING
FOR EXCEPTIONS; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, Section 6- 1 of the Palmetto City Code was adopted in 1975, designates the
entire City as a bird sanctuary, and provides for a starling nuisance abatement plan; and
WHEREAS, Section 6- 31 was similarly adopted in 1975 and provides minimal
restriction on the keeping of poultry and fowl within the City limits; and
WHEREAS, LOCAL JURISDICTIONS THROUGHOUT THE United States have
enacted ordinances to permit backyard chickens to promote natural egg production provide
educational opportunities, as well as reduce energy and transportation costs associated with
modern farming; and
WHEREAS, it is the intention of the City Commission to amend and replace outdated
City Code language with updated regulations re- establishing the bird sanctuary status of the City
and allowing limited urban chicken -keeping within the City limits subject to requirements for the
protection of the public health, safety, and welfare; and; and WHEREAS, the proposed amendments are necessary to protect the peace, quiet and
aesthetic integrity of residential neighborhoods while providing options for an individual' s use of
their property and protecting the health and safety of the residents of the City of Palmetto; and
WHEREAS, the City Commission of the City of Palmetto has certain regulatory
authority granted to it by the Florida Constitution, the Florida Statutes and the City Charter to
regulate the use of land within its corporate boundaries; and
WHEREAS, the Planning and Zoning Board held a legally appropriate, properly notice
public hearing on May 17, 2018, and received public comment and testimony at said hearing;
and
WHEREAS, the City Commission of the City of Palmetto held a legally appropriate,
properly noticed public hearings on May 21, 2018 and June 4, 2018, and received public
comment and testimony at said hearings; and
WHEREAS, the City Commission of the City of Palmetto finds that approval of this
Ordinance will serve the best interests of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF PALMETTO, FLORIDA, AS FOLLOWS:
SECTION 1. Article VI, Section 6- 1 of the City of Palmetto Code of Ordinances is hereby
amended as follows:
Sec. 6- 1. Bird Sanctuary.
a) The entire area embraced within the corporate limits of the City is hereby designated as a bird
sanctuary. It shall be unlawful to hunt, shoot trap injure or molest any wild bird or wild fowl.
It shall be unlawful to harbor, feed water, and/ or shelter wild or domestic roosters, peafowl,
poultry, or fowl within the City limits except in compliance with City Ordinance. Sec. 6- 31. Chickens on Residential Property.
Oa Definitions.
1) As used in this Ordinance the following words and terms shall have the following meanings, unless
otherwise specifically provided:
a) Chicken means a female member of Gallus domesticus or a hen. Chicken shall not include the
following:
i) Any male chicken or rooster, or
ii) Any duck goose turkey, guinea hens peafowl, or other poultry or fowl.
b) Enclosure means a structure with a covered roof and sides, also known as a chicken coop or poultry house. No permit shall be required for construction, erection, alteration, modification,
repair or demolition of any enclosure provided that such enclosure does not exceed the size
limitations for permits under the Florida Building Code.
c) Nuisance means any condition consisting of odor or noise.
d) Occupied means residential occupancy by the owner of the real property or by a tenant or lessee
e) Residential Property means any property a parcel of real property that contains an occupied
single family detached dwelling located in a zoning- district designated as ER, RS or PD under the
City of Palmetto Code of Ordinances, Appendix B.
f) Yard, Front Yard, Side Yard, and Rear Yard have the same meaning, as set forth in the City of
Palmetto Code of Ordinances, Appendix B.
2) Applicability. The requirements established in this Ordinance shall apply to the keeping of chickens
at a single family residence on property zoned RS or PD within the City limits The keeping of any
other poultry or fowl is otherwise prohibited.
3) General Requirements.
a) No more than six (6) hens shall be allowed for each single-family dwelling. No chickens
shall be allowed in nUti-family, duplex, or mobile home developments;
b) No roosters shall be allowed;
c) There shall be no slaughtering or breeding of chickens;
d) All chickens must be kept at all times in a completely secured area in the rear yard only. No
enclosure or fenced area shall be located in the front or side yard area. Enclosures must be
situated at least ten ( 10) feet from the nearest property line.
e) Chickens must have an area available which is protected from the elements, and must be kept
properly fed and watered;
f) Feed must be stored and secured in rodent -proof containers;
g) Dead chickens shall be immediately removed from the property and disposed of according toFlorida law; and
h) Roosters, poultry or fowl currently existing in the City in violation of this Ordinance shall not be
grandfathered" or permitted to remain after the effective date ofthe Ordinance; however, owners
of roosters, poultry, or fowl not in compliance with this Ordinance shall have ninety ( 90) days
from the effective date of this Ordinance to come into compliance.
4) Exceptions.
a) The requirements of this Ordinance sball not apply to the followin&
i) Real property containingfour our ( 4) or more acres and located in an ER, Estate Residential,
zoning district; or
ii) Any activky of a bona fide faun operation as provided in Section 823. 14, Florida Statutes, as
amended.
b) This Ordinance shall not prohibit as property owner or association from establishing or
enforcing private restrictions including but not limited to, deed restrictions, restrictive covenants,
or declarations of covenants and restrictions, on private property within subdivisions,
cooperatives, planned developments, etc.
SECTION 3. Repeal of Ordinances in Conflict. This Ordinance hereby repeals and replaces any
Ordinances in conflict.
SECTION 4. Severability. If any section, sub -section, paragraph, sentence, clause or phrase in
this Ordinance shall be held invalid by a court of competent jurisdiction, then such invalidity
shall not affect the remaining portions hereof.
SECTION 5. Effective Date. This Ordinance shall take effect as provided for by law and by City
Charter, Section 14, upon execution by the Mayor, or, ifthe Mayor vetoes the Ordinance, upon
reconsideration by the City Commission and passing ofthe Ordinance by at least four (4) votes.
PASSED AND DULY ADOPTED, by the City Commission, in open session, with a quorum
present and voting, this 4 day of June, 2018.
5Florida law; and
h) Roosters, poultry or fowl currently existing in the City in violation of this Ordinance shall not be
grandfathered" or permitted to remain after the effective date ofthe Ordinance; however, owners
of roosters, poultry, or fowl not in compliance with this Ordinance shall have ninety ( 90) days
from the effective date of this Ordinance to come into compliance.
4) Exceptions.
a) The requirements of this Ordinance sball not apply to the followin&
i) Real property containingfour our ( 4) or more acres and located in an ER, Estate Residential,
zoning district; or
ii) Any activky of a bona fide faun operation as provided in Section 823. 14, Florida Statutes, as
amended.
b) This Ordinance shall not prohibit as property owner or association from establishing or
enforcing private restrictions including but not limited to, deed restrictions, restrictive covenants,
or declarations of covenants and restrictions, on private property within subdivisions,
cooperatives, planned developments, etc.
SECTION 3. Repeal of Ordinances in Conflict. This Ordinance hereby repeals and replaces any
Ordinances in conflict.
SECTION 4. Severability. If any section, sub -section, paragraph, sentence, clause or phrase in
this Ordinance shall be held invalid by a court of competent jurisdiction, then such invalidity
shall not affect the remaining portions hereof.
SECTION 5. Effective Date. This Ordinance shall take effect as provided for by law and by City
Charter, Section 14, upon execution by the Mayor, or, ifthe Mayor vetoes the Ordinance, upon
reconsideration by the City Commission and passing ofthe Ordinance by at least four (4) votes.
PASSED AND DULY ADOPTED, by the City Commission, in open session, with a quorum
present and voting, this 4 day of June, 5 2018.
First Reading: April 16, 2018
Publication: May 4, 2018
Second Reading and
Public Hearings: May 21, 2018 and June 4, 2018

First Reading: April 16, 2018
Publication: May 4, 2018
Second Reading and
Public Hearings: May 21, 2018 and June 4, 2018

ATTEST: Jamed R. Freeman 
City Clerk
By: City Clerk/Depuiy Clerk

CITY OF PALMETTO, FLORIDA, BY AND
THROUGH THE CITY COMMISSION OF
THE CITY OF PALMETTO
By SHIRLEY GROOVER BRYANT, Mayor