HomeMy WebLinkAboutCOM 0765.001 2016-2018Eileen O'Hara
Council Member
Council District 4
Chair., Environmental
Management Committee
DATE:
TO:
FROM:
Phone: (808) 965-2712
Fax: (808) 961-8912
Email: eileen.ohara@hawaiicounty.gov
Vice Chair. Planning Committee and
Agriculture, Water & Energy
Sustainability Committee
County of 'Hawai `i
Hawai `i County Council'':
25 Au uni Street, Suite 1402 • Hilo, Hawaii 96720
(808) 961-8255 Fax (808) 961-8912,
March 13, 2018_*
Valerie T. Poindexter, Council Chair
-�-
and Members of the Hawaii County Council
Eileen O'Hara, Council Member
Council District 4 q�
SUBJECT: Proposed amendment to Bill No. 112: An Ordinance Amending Chapter
25, Articles 1 and 5, Hawaii County Code 1983 (2016 Edition, as
Amended), Relating to Rooster Farms.
Please find below proposed amendments to Bill No. 112, amending Chapter 25 of the Hawaii
County Code, relating to Rooster Farms.
The proposed amendments to parts of SECTIONS 2, 3, 4, and 7 of the bill are shown below in
Ramseyer format; material to be deleted is bracketed and stricken, and material to be added is
underscored. A copy of the resulting bill, should the amendment be approved, is attached.
1. SECTION 2 of the bill that proposes adding definitions to subsection 25-1-5(b), would be
amended to read as follows:
"SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983
(2016 Edition, as amended) is amended by adding the following definitions to subsection (b),
to be appropriately inserted and to read as follows:
""Certificate of Veterinary Inspection" means an official state or federal
certificate issued by an accredited veterinarian or state or federal veterinary officer
providing all information and test results required for poultry and birds to enter the
State that is the destination of the shipment and certifying that the poultry or birds
beingtransported ransported are free of symptoms of transmissible disease."
""Rooster" means a male chicken [ever- €] age [of fe ] twelve months[...] or older."
rm Pio. I V5,
Ref. To: _ �► —
Hawai `i County is an Equal Opportunity Provider and Employer. MAR . `° ''��
""Rooster farm" means any parcel of land or, facility where more than [fes] elg_ht
roosters are tethered, caged, or otherwise maintained.""
2. In SECTION 3, paragraph (22) that is contained within subsection (a) of section 25-5-72,
would be amended to read as follows:
"(22) Rooster farms provided that:
(A) [The mquir-emei#s of the department of health are met; and
(B)] Any house, teepee, run, hutch, or other enclosure for the keeping or exercising
of any rooster is located at least seventy-five feet from any lot line[...], or
(B) Regarding_ a rooster farm that exists on January 1, 2019, and does not satisfy
paragraph(A), documentation of the following is submitted to the planning
department:
(i) That its operators have filed a "Schedule F" (Form 1040) with their IRS
income tax returns for the two years preceding the effective date of this
ordinance that shows gross sales of a minimum of $5,000 annually from
the sale of roosters or poultryproducts or both; and
(ii) A Certificate of Veterinary Inspection for roosters sold for shipment
outside of the State of Hawai `i. .
Documentation that these conditions have been satisfied shall be submitted to
the planning_ department by 1, 2019, and annually thereafter by 1st of
each year."
3. In SECTION 4, paragraph (11) that is contained within subsection (a) of section 25-5-82,
would be amended to read as follows:
"(11) Rooster farms provided that:
(A) [
(B)] Any house, teepee, run, hutch, or other enclosure for the keeping or exercising
of any rooster is located at least seventy-five feet from any lot line[...], or
(B) Regarding a rooster farm that exists on January 1, 2019, and does not satisfy
para _ rap(A), documentation of the following is submitted to the planning
department:
(i) That its operators have filed a "Schedule F" (Form 1040) with their IRS
income tax returns for the two years preceding the effective date of this
ordinance that shows gross sales of a minimum of $5,000 annuallyfrom
the sale of roosters or poultry products or both; and
(ii) A Certificate of Veterinary Inspection for roosters sold for shipment
outside of the State of Hawaii.
Documentation that these conditions have been satisfied shall be submitted to
the planning_ department by July 1, 2019, and annually thereafter by Jul. 1t of
each ear."
2
4. SECTION 7 would be amended to read as follows:
"SECTION 7. This ordinance shall take effect [uponapproval.] on January 1, 2019.
[Rooster fafms
i" ((�� (� n
approval this
or-di ante, s� a4l have
190
days
to comply with
it tWs or -di 1aY1l ed"
EO:bl/lc
Att.
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AN ORDINANCE AMENDING CHAPTER 25, ARTICLES 1 AND 5, HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ROOSTER
FARMS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and purpose. The council finds that rooster farms have become
established in many communities in Hawaii County. Unlike chicken farms, that produce eggs,
hide, feathers, or meat, most rooster farms exist for the sole purpose of breeding and raising
roosters for cock -fighting - an activity that is illegal in all fifty states. Because raising roosters is
a noisy and smelly endeavor, rooster farms can have a detrimental effect on the occupants and
land values of surrounding properties. Accordingly, the purpose of this ordinance is to alleviate
the nuisance, and resultant reduction in property value, caused by rooster farms by identifying
where and under what conditions they are allowed in Hawaii County.
SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983
(2016 Edition, as amended) is amended by adding the following definitions to subsection (b), to
be appropriately inserted and to read as follows:
""Certificate of Veterinary Inspection" means an official state or federal
certificate issued by an accredited veterinarian or state or federal veterinary officer
providing all information and test results required for poultry and birds to enter the
State that is the destination of the shipment and ying that the poultry or birds
being transported are free of symptoms of transmissible disease."
""Rooster" means a male chicken age twelve months or older."
""Rooster farm" means any parcel of land or facility where more than eight
roosters are tethered, caged, or otherwise maintained."
SECTION 3. Chapter 25, article 5, division 7, section 25-5-72 of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
follows:
"(a) The following uses shall be permitted in the A district,
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses
dealing with the growing of plants.
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(7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and
other similar open area recreational facilities, where none of the
recreational features are entirely enclosed in a building.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of
this Code.
(9) Crop production.
(10) Dwelling, single-family, as permitted under chapter 205, Hawaii
Revised Statutes and as permitted under section 25-5-77(b).
(11) Farm dwellings, as permitted under section 25-5-77(b) and (c).
(12) Fertilizer yards utilizing only manure and soil, for commercial use.
(13) Forestry.
(14) Game and fish propagation.
(15) Group living facilities'.'
(16) Kennels.
(17) Livestock production, (excluding rooster farms), provided that
piggeries, apiaries, and pen feeding of livestock shall only be located
on sites approved by the State department of health and the director,
and must be located no closer than one thousand feet away from any
major public street or from any other zoning district.
(18) Public uses and structures which are necessary for agricultural
practices.
(19) Retention, restoration, rehabilitation, or improvement of building or
sites of historic or scenic interest.
(20) Riding academies, and rental or boarding stables.
(21) Roadside stands for the sale of agricultural products grown on the
premises.
(22) Rooster farms provided that:
(A) Any house, teepee, run, hutch, or other enclosure for the keeping or
exercising of any rooster is located at least seventy-five feet from any
line; or
,(B) Regarding a rooster farm that exists on January 1, 2019, and does not
satisfy para rg_aph (A), documentation of the following is submitted to the
planning department:
(i) That its operators have filed a "Schedule F" (Form 1040) with their
IRS income tax returns for the two years preceding the effective
date of this ordinance that shows gross sales of a minimum of
$5,000 annually from the sale of roosters or poultry products or
both; and
(ii) A Certificate of Veterinary Inspection for roosters sold for
shipment outside of the State of Hawaii.
Documentation that these conditions have been satisfied shall be
submitted to the planning department by July 1, 2019, and annually
thereafter by July 1 st of each. year.
Utility substations, as permitted ander section 25-4-11.
[(2-3)] Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock
grazing and livestock production.
[(2-4)] (L51 Veterinary establishments.
[(}] 26I Wind energy facilities."
SECTION 4. Chapter 25, article, 5, division 8, section 25-5-82 of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended -by -.amending subsection (a) to read as
follows:
"(a) The following uses shall be permitted in the .IA district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted .under section 25-4-15.
(4) Aquaculture.
(5) Cemeteries; as permitted under chapter 6, article 1 of this Code.
(6) Crop production.
(7) Farm dwellings, as permitted under sections 25,-5-87(b) and (c).
(8) Forestry.
(9) Livestock production, (excluding rooster farms), proved that piggeries,
apiaries, and pen feeding of livestock shall not be closer than one
thousand feet to any major road or to any district other than the A
district on building sites approved by the State department of health
and director.
(10) Public uses and structures, which are necessary for agricultural
practices.
(11) Rooster farms provided that:
(A) Any house, teepee, run, hutch, or other enclosure for the keeping or
exercising of any rooster is located at least seventy-five feet from any
line; or
(B) Regarding a rooster farm that exists on January 1, 2019, and does not
satisfy para rg aph (A), documentation of the following is submitted to the
:planning department:
(i) That its operators have filed a "Schedule F" (Form 1040) with their
IRS income tax returns for the two years preceding the effective
date of this ordinance that shows -gross sales of a minimum of
$5,000 annually from the sale of roosters or poultry products or
both; and
(ii) A Certificate of Veterinary Inspection for roosters sold for
shipment outside of the State of Hawaii.
Documentation that these conditions have been satisfied shall be submitted to
the planning department by July,1, 2019, and annually thereafter by July 1 st
of each year.
,(12� Utility substations, as permitted under. subsection 25-4-11."
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SECTION 5. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 6. Severability. If any -provision -of this ordinance or the application thereof to
any person or circumstance is held invalid, -such invalidity does not affect other provisions or
application of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are severable.
SECTION 7. This ordinance shall take effect on January 1, 2019.
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