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Your New Neighbors? Long Beach Council To Discuss Easing Rules For Keeping Chickens, Goats And Bees; See Proposed Ordinance Changes



(July 12, 2013, 7:40 a.m.) -- On July 16, the full City Council will for the first time tackle a proposal brought to City Hall's advisory Sustainable City Commission roughly two and a half years ago, then discussed by the Council's Environmental Committee (Lowenthal chair, O'Donnell vice chair, Johnson member) at every quarterly meeting since October 2011 where it has in some cases produced polarized public testimony: a proposal to ease Long Beach's current restrictions on keeping chickens, goats and bees.



The July 16 Council item will be the first significant political test for the proposal, supported by advocates of urban farming. On March 18, two members of the Environmental Committee -- Lowenthal and Johnson, with O'Donnell absent -- directed changes in parts of a staff-drafted proposed ordinance and voted to send the result to the full Council...where it has now surfaced and can be viewed below.

Long Beach, CA proposed ordinance re keeping chickens, goats and bees.

The proposed text includes reducing the distance to neighboring dwellings for goats and chickens from 20 feet to 10 feet, and increasing the number of beehives kept on any property from two to four. An accompanying memo from city staff states:

The Ordinance detailing the proposed Municipal Code changes reflects a balance of relaxing the restrictions while taking into consideration and ensuring the humane treatment of these animals. ACS, in conjunction with the Health and Human Services Department, will pursue a marketing and education campaign to build an awareness and understanding of the proposed Ordinance...

The fees referenced in the Ordinance are anticipated to be approved through the FY14 Budget 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 the Ordinance will be enacted prior to the implementation of the proposed fees on October 1, 2013, the City will issue a temporary permit, free of charge, to eligible parties who apply before then. The temporary permit will expire on October 31, 2013, which will give those individuals with a temporary permit one month to secure the new annual permit and pay the corresponding fee.

A Council majority could approve or amend or reject the proposed ordinance text on July 16; a second approval vote would be needed a week later to enact the ordinance, subject to a potential Mayoral veto that six Councilmembers can override.

At the Environmental Committee's March 2013 meeting, Councilwoman Lowenthal, backed by Johnson (with O'Donnell absent) changed city staff's proposed text to enable keeping up to four bee hives per backyard. Councilwoman Lowenthal also recommended a residential neighbor's house set-back of 10 feet for chickens and 10 feet from the property line for bees. Councilman Johnson also amended the staff-drafted proposal to eliminate proposed fees for keeping 1-4 chickens reasoning that the fees served no purpose since city time wasn't needed in those permit cases.

In previous Committee discussions, Councilman O'Donnell had been audibly uneasy about parts of the proposal, favoring additional public input and -- along with some members of the public -- voicing concerns about easing restrictions on backyard bee hives. On the latter point, Councilman Johnson responded by suggesting that the Health Department be present at the Council discussion to (Johnson said) inform the Council about "the truth" on the risks of bees to the community. As some public speakers noted at Environmental Committee meetings, bee stings can be more than painful; some people may experience very serious medical reactions to them.

Councilwoman Lowenthal also indicated that she wanted more information for full Council discussion on the issue of "de-horning" goats.


Public testimony on urban farming at a 2012 Environmenal Committee meeting.

At its most recent meeting, the Environmental Committee left a number of thorny issues for full Council discussion, including enforcement procedures, space requirements, provisions for goats already living in the city, front yard exclusions (an issue in the "Ranchos" neighborhood of the 5th District), requirements for daily enclosure cleaning, goat microchip requirements and broad enforcment powers given to city administrators.

Long Beach Grows, a non-profit "dedicated to promoting green, healthy, environmentally sustainable urban agriculture in Long Beach," has been the catalyst for easing restrictions on egg laying poultry and goats. The group, led by 2nd district resident Donna Marykwas says it has supporters in several Council districts and isn't pleased with some restrictions remaining in the proposed ordinance text. The group's initial proposal didn't include easing restrictions on beekeeping which is independently supported by a number of backyard beekeepers, who cite the benefits of bees and downplay risks of bee stings. The bee keeping verbiage was included in city staff discussion drafts and has advanced in the now-pending proposed ordinance.

In July 11 dispatches on its Facebook page, Long Beach Grows stated:

I'm not so sure the chicken changes are very positive, except that most everybody should be able to have 4 with few problems. However, the proposed chicken rules (not proposed by me, proposed by animal control not based on experience or science) are, if you have 5 or more chickens, you must apply for a permit, subject to pre-inspection, the inspection costs the owner $63, the annual permit for 5 or more birds is $20, plus the proposed distance requirements are 10 ft for 1-4 birds, 35 ft for 5-10 birds, 50 ft for 11-20 birds. Ridiculous IMHO. They have wasted so much of our time, for this! I think there should be no pre-inspection period, and that 2 chickens per person per household should be allowed without a setback restriction (or for a standard household of 3, 6 birds should be allowed). If AC can be arbitrary, so can we.

An advocate of urban farming, Barbara Sinclair, wrote on the Wrigley Neighborhood Group Facebook page on July 8:

It is not what we asked for but it could be worse and of course can still get worse when it goes before the Council. We asked for a zero setback since setbacks are irrelevant for bees - they fly straight up over a six foot barrier which we suggested. hat we got was a 10 foot setback (hard for me personally) AND the barrier.

...The chicken and goat people are not happy. Lots of fees, permits, pre and post inspections for the permits meaning lonnnnggggg bureaucratic wait. Also the poor goats have to be dehorned even if they are adults. That is barbaric, painful, costly and serves no real purpose. If it is done at all it should only be done to newborn goats before the bone hardens. It is comparable to pulling a dog's canine teeth to lessen the damage should it ever bite.

Another issue....There also does not to appear to be any grandfathering in of current chickens (remember they are not illegal, just out of code to varying degrees.) Also there is too much left to the discretion of the Director of Animal Care Services which really should be spelled out in the code. It reads as though the Director can make things up as he sees fit...

The urban farming proposal has also drawn its share of flatly negative reactions. "Beverly Hills, Torrance, Seal Beach and Los Alamitos should watch their backs as when their residents read about this they will start a land rush so they can have their own Hooterville by the Sea," one reader commented.

In March 2012 (over a year ago), the Environmental Committee directed City Hall's "Office of Sustainability" staff to develop proposed changes and seek public input on the proposals. The Office of Sustainability drafted a set of general proposals and held community meetings in June 2012 at the Long Beach Community Action Partnership, 3012 Long Beach Boulevard and at Whaley Park. City staff says "a total" of 70 residents attended the two meetings at which a one-page handout was distributed indicating current rules and then-proposed changes.

At a June 2012 Environmental Committee meeting, some animal advocates spoke in opposition, expressing concern about conditions for kept animals.

At a November 2012 meeting of the Environmental Committee, city staff returned without a discussion draft, audibly irritating Councilman Johnson. During Committee colloquy, Long Beach Animal Care Services (animal control) indicated that easing restrictions for keeping animals would bring more animals into Long Beach would mean additional calls for services. (LB Grows has said that in San Francisco, calls to animal control declined when callers learned that keeping goats and chickens was lawful.)

At that time, the Committee voted 3-0 to direct city staff to bring back a draft for discussion...with Councilman O'Donnell continuing to voice concerns about parts of the proposal and indicating he favored additional public input.

Developing.



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