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than "poultry raising". As a "small animal specialty farm", the game fowl use would be allowed <br />in agricultural areas subject to administrative permit criteria and limitations. The game fowl operator <br />has appealed the Commission's decision to the Board of County Commissioners, and requested that <br />the appeal not be scheduled for Board consideration until after the Board considers the subject LDR <br />amendment proposal. <br />Responding to neighbors' complaints, the Board of County Commissioners, at its August 8, 2000 <br />meeting, directed staff to propose an LDR amendment that addresses nuisances related to roosters <br />(see attachment #1). Based on the Board's directive, staff researched issues related to raising <br />roosters and cock fighting, and prepared an LDR amendment intended to address the noise nuisance <br />impacts of rooster concentrations, while accommodating legitimate poultry operations. <br />Rooster regulation proposals have been considered by the Professional Services Advisory Committee <br />(PSAC), Agricultural Advisory Committee (AAC), and Planning and Zoning Commission (PZC). <br />Now the Board is to consider the amendment and direct staff to make any desired changes. In <br />response to Board direction, and any format sufficiency comments from the County Attorney's <br />Office, staff will prepare revised, `final" ordinances for the Board to act on at a second public <br />hearing which is scheduled for November 7, 2000. <br />ANALYSIS• <br />As stated, the Board's directive centered on the need to address the negative noise impacts <br />(nuisances) created by concentrations of roosters, and the concerns that raising game fowl contributes <br />to cock -fighting. In so doing, staff analyzed cock -fighting related legal issues and agricultural land <br />use issues. <br />Legal Issues - Florida Law <br />The County Attorney's Office and planning staff researched the Florida Statutes and case law <br />(see attachment #2). Staff concludes that: <br />Fighting or baiting an animal to fight, including cock -fighting, is illegal in <br />Florida under Florida Statutes 828.122. There appears to be no separate <br />Florida Statute definition of fighting cocks. <br />2. Although fighting cocks, betting on cock -fights, and owning, managing, or <br />operating a cock -fighting facility is illegal in Florida, it does not appear to be <br />illegal to raise or breed fighting cocks. The premise that fighting cocks can <br />be raised in a state like Florida that prohibits cock -fighting is supported by a <br />1953 Florida case (Mikell v. Henderson) and a 1994 Oregon case (Hogan v. <br />Gridelli). <br />3. The Florida Right to Farm Act does not pre-empt the county from regulating <br />agricultural uses, and it does not "grand father -in" uses on a particular site <br />that are less than 1 year old or that were a nuisance at the time the use was <br />established. However, staff also concludes that the county's regulations need <br />to allow legitimate agricultural uses that have generally accepted agricultural <br />and management practices. <br />ocTo�x�2�5-20A°639 <br />