Agenda - Planning Commission - 05/02/2013

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erbated by the use of pesticides, the stress of constant travel to different farms to pol- linate crops, and the lack of plant diversity in rural environments. Thus, hobbyist bee- keepers who do not subject their hives to such stressors may prove to be a haven for the continued existence of honeybees. CHICKENS, GOATS, AND BEES: CONCERNS Concerns about chickens and goats gener- ally boil down to three things: odor, noise, and disease. None of these provide a reason to ban hens and does, but roosters can be too noisy and a rutty buck may be too smelly for dense urban environments. Contrary to popular myth, roosters do not just crow in the morning to greet the rising sun —roosters crow all day. Hens do not need roosters to lay eggs; roosters are only necessary to fertilize the eggs. Hens are generally quiet, but when they do cluck, the resulting noise is about the same decibel level as a quiet human conversation. And, as long as a chicken coop is regularly cleaned and adequately ventilated, a small flock of hens will not be smelly. Goats, too, are not generally noisy ani- mals. While a goat may bleat, the sound is generally far less than the noise of a barking dog. Some goats, just like dogs or cats, are noisier than others. And, as for odor,,fe- male goats (does) and neutered male goats (wethers) do not smell. Male goats (bucks), during the mating season, do smell. The gamy odor of a rutty buck is the smell many associate with goats. While it is necessary for a doe to mate with a buck and deliver a kid to lactate and provide milk, this can be arranged with a stud -buck kept in more rural environs. Finally, there is the issue of disease. As with any animal, including dogs and cats, disease can be spread through feces. Regular cleaning and straightforward sanita- tion practices, such as hand washing, can take care of this issue. While concerns about backyard chickens spreading avian flu have surfaced in some communities, the kind of avian flu that can cross over to humans has not yet been found in North America. And neither the Centers for Disease Control nor the Department of Agriculture have asserted that the possibility of bird flu is a reason to ban backyard hen keeping. Public health scholars have concluded that backyard chickens present no greater threat to public health than other more common pets like dogs and cats. The major objection to honeybees is the fear of being stung. Here, it is impor- tant to understand the distinction between bees and wasps. Honeybees are defensive; they will not bother others unless they are threatened. A honeybee's stinger is attached to the entrails, so it will die if it stings. Bees want pollen; they are not inter- ested in human food. Wasps, by contrast, are predatory, can sting repeatedly with little consequence, and are attracted to human food. Many people confuse fuzzy honeybees with smooth -skinned yellow jackets, a kind of wasp that forms papery hives. People do not keep wasps because they are not effective pollinators and do not produce honey. A connected objection is a fear of a swarm. A swarm is a group of bees traveling to establish a new hive. While a swarm can be intimidating, before bees swarm they gorge on honey to prepare for the trip, which makes them particularly lazy and docile. Unless attacked or bothered, they will follow a scout bee to a new location within a few hours to a day. §451 et seq.; 21 U.S.C., §io31 et seq.; and 21 U.S.C. §6o1 et seq.). The FDA requires that all milk be pasteurized, including goat milk (21 C.F.R. §1240.61) and regulates nutri- tion and information labeling of honey (21 U.S.C. §§342-343)• Many of these laws have exceptions for animals and animal products raised for home consumption, but someone who wants to raise eggs, milk, or meat for sale or distribution would need to comply. Most states have laws regulating the movement of livestock, including chickens, goats, and bees, into and out of the state. To track and attempt to control some diseases associated with livestock and bees, some states either require or encourage keepers of livestock and beekeepers, even backyard hobbyists, to register their premises with the state. Other states only ask to be alerted if a particular disease is found. Many states also have laws regulating the slaughter and sale of any animal used for meat, as well as laws regulating the sale of eggs, milk, and milk products. While these, also, generally have exceptions for home consumption, they will apply to sales. Often state agricultural Before drafting an ordinance, local governments should be aware that federal and state laws already regulate livestock. AGRICULTURAL BASICS FOR CITIES CONSIDERING LEGALIZING MICRO -LIVESTOCK Chickens and goats require companionship. As a consequence, cities should allow a minimum of four hens and two does. This ensures that the city is not interfering with good animal husbandry practices. And, while bees never lack for compan- ionship, it is a good idea to allow beekeep- ers to have more than one hive. This allows the beekeeper to better inspect for and maintain hive health. Cities should not be overly concerned that hives kept too close together will compete for food —honeybees fly up to a three-mile radius from the hive to find pollen. FEDERAL AND STATE LAW CONSIDERATIONS Before drafting an ordinance, local govern- ments should be aware that federal and state laws already regulate livestock. The federal government regulates the sale, processing, labeling, and transportation of chickens, eggs, and other meats (21 U.S.C. extension services will have online informa- tion pages describing the regulations and exemptions for hobbyists. For beekeeping, however, a few states have passed laws that interfere with a local government's ability to regulate. Wyoming, for instance, controls how close together apiaries (an area with one or more beehives) may be located (Wyo. Stat. Ann. §11-7-201). In June 2011, Tennessee preempted all local government ordinances regulating honeybee hives (Tenn. Code. Ann. §44-15-124). And in July 2012, Florida also preempted all local government ordinances regulating managed honeybee colonies or determining where they can be located (Fla. Stat. §§586.055 & 586.1o). COMMON ASPECTS OF URBAN MICRO - LIVESTOCK REGULATION In the cities that have recently passed or- dinances regulating micro -livestock, the ordinances are all quite different. No stan- dard ordinance has yet been established. ZONINGPRACTICE 4.13 AMERICAN PLANNING ASSOCIATION I page 4