Bike-Riding Rooster Booted From Miami Beach
Rooster's Owner Says He Plans To Appeal Ruling
Posted: 3:21 pm EDT July 30, 2009Updated: 3:37 pm EDT July 30, 2009
MIAMI BEACH, Fla. -- The owner of a pet rooster with a bit of notoriety around Miami Beach was told to give up his beloved animal Thursday.Mark Buckley has owned the bird, known around town as Mr. Clucky, for the past two years, reported WPLG-TV. The rooster, along with a hen, are kept inside a residential condo unit. Mr. Clucky has become a Miami Beach celebrity, often seen perched on the handlebars of Buckley's bicycle as he rides around town.For the past two months, Buckley has been fighting city hall because an anonymous complaint was phoned in to the city's code enforcement unit. Buckley was handed a $50 citation and told he was in violation of a city ordinance that says farm animals are not allowed to live indoors.Buckley arrived at Miami Beach City Hall Thursday morning, pedaling his bike and carrying his feathered friend.He and his bird were inside the commission chambers to state their case. But the judge appointed by the city to hear the case wasn’t too happy to see what Buckley called “exhibit A.”“The bird’s not going to be a witness, sir,” Special Magistrate Joe Kaplan said.According to the city, Buckley is in violation of an ordinance that says “no one shall keep poultry, livestock or farm animals on their property.”Several neighbors testified against Buckley, claiming the rooster's crowing keeps them up at night.“I see it come and go from the apartment,” said neighbor Donnita Leavitt during the hearing. “I hear it crowing.”“When the rooster leaves the hen, the hen cocks?” the judge asked.“I guess,” said Leavitt.But to Buckley, this case is not a joke. It’s about keeping what he considers a longtime pet.Local 10 spoke to a neighbor who said Mr. Clucky is a civilized rooster."I have seen potbellied pigs, parrots, snakes (and) giant dogs all over the beach, so I really don't understand what the problem is with one little well-behaved civilized rooster," said Amal Ardito."I have evidence that he's been properly taken care of and hasn't been a menace to anyone. I suppose I could rest my case on that," Buckley told the judge.But after much debate and clarifications over the definition of pets, birds and poultry, the judge ruled against Mr. Clucky.“Maintaining a rooster and a hen in your apartment is a violation of section 10-15 of the code,” Kaplan said.Buckley, who also has a lawyer representing him, said that his fight is far from over."We're going to talk to city hall to see what our options are,” Buckley told Local 10’s Terrell Forney. "I have a sailboat in the harbor. But we’re not going anywhere.”Code enforcement officers could issue citations to Buckley and eventually may retrieve the birds if he refuses to move them elsewhere.
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