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Tarpon rejects request for chicken amnesty period

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By Mark  Schantz | The Suncoast News

Published: June 19, 2009

Updated:

TARPON SPRINGS - Don't tell, better not cluck, is the best policy when it comes to keeping chickens in residential areas of the city.

Those who have chickens as pets recently learned they were running afoul of a longstanding city ordinance prohibiting chickens and other farm animals in residential neighborhoods.

Tuesday night city commissioners decided not to declare a chicken amnesty period. The City Commissioner recently tabled for at least a year Commissioner Robin Saenger's request that the city permit residents to keep one or two chickens at their homes. No specific time date was set to reconsider the prohibition against keeping farm animals.

At Tuesday night's commission meeting, Saenger asked commissioners in the interim to place a moratorium on police or code enforcement citing chicken owners until the issue could be revisited and resolved.

Enacting a moratorium would "essentially create a chicken amnesty program," City Attorney James Yacavone advised.

Managing the moratorium "would be difficult," Yacavone said. For one thing, the commission would have to decide whether the moratorium applied only to residents who had chickens as of the date of the moratorium or whether it would protect residents who acquired chickens after the date, he said.

There would also be some question on how to enact a procedure that identifies chickens protected by the moratorium from other birds purchased after that date, he added.

"Presumably this would involve registration of chicken-keeping residents," he said. "Having had chickens myself, I am not convinced that chickens of the same breed have sufficient distinguishing characteristics that a description or even a photograph would be enough for a code enforcement officer to determine whether a chicken is a protected chicken or prohibited new chicken."

Saenger said she just wants to allow residents who have chickens they consider pets to legally keep them until the commission resolves the issue. Residents who keep chickens told commissioners they were unaware that it was illegal to have them as pets, since they knew of other residents who keep the birds at their homes.

Mayor Beverley Billiris said code enforcement action is largely complaint driven. A person whose chicken keeping produces no complaints should not have trouble with the law as written.

Commissioner Chris Alahouzos said creating an amnesty of the sort Saenger is suggesting would encourage violation of city ordinances.

Jesse Burke, a long-time regular at commission meetings, said commissioners who support having a historic downtown but won't permit the chickens that were once a part of its ambience are being hypocritical.

Saenger and Commissioner Peter Dalacos voted in favor of the chicken amnesty, while Billiris, Alahouzos and Commissioner Susan Slattery were opposed.

Mark Schantz can be reached at 727-815-1075 or mschantz@suncoastnews.com.

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