Local News

MIAMI BEACH (CBS4) ― The owner of Mr. Clucky, the iconic Miami Beach rooster who rides on his owner's bicycle around town, has until Friday to appeal a Miami Beach decision that would evict the bird from the city.

City law prohibits farm animals from its boundaries. But the rooster's owner – Mark Buckley – has been fighting city hall. Last week, he met with Mayor Matti Herrera Bower who has said she likes the bird, but added that changing the law for the beloved bird would set a bad precedent.

"She likes the chicken. It's one of those South Beach iconic things. We like the chicken, but you don't want to allow the chicken and then set a precedent. It's dangerous," Bower's chief of staff Rebecca Wakefield told CBS4.com. "If you make an exception, you open the door to future exceptions. If you kick him out, then you'll have the Clucky fans up in arms. It's a balancing act that they're trying to get at."

Buckley, the bird's owner, said he was not reassured the bird would get a reprieve.

"She was very sympathetic, but she seems to be powerless," Buckley said of Miami Beach Mayor Matti Herrera Bower. "There has been no communication with the city since we met with the Mayor."

But on Thursday, city officials said the next move was in Buckley's hands.

Buckley said he would go to circuit court where he and his attorney plan to argue that the rooster should not be considered livestock because he's a pet. He said the owner of a macaw would not need a special exemption and neither should he.

The city said Buckley had not formalized his exemption request as of September 10th, according to City of Miami Beach spokeswoman Nannette Rodriguez.

But Buckley said he considers the Aug. 3rd letter he sent to the city, the formal exemption. To read it, click here.

"The city administration has not received any requests for exemptions nor has it [received] any requests for a meeting from Mr. Buckley," Rodriguez wrote in an email to CBS4.com. "The City Manager did not receive this letter, nor has a copy of the letter been forwarded to his office by the Mayor or Commissioners. The Mayor and Commissioners cannot grant exemptions under the code provision."

In July, Buckley was fined $50 for every day the bird remains in Miami Beach. Now, Buckley said his lawyer Eric Marshall will file an appeal in circuit court by the September deadline.

It's Mr. Clucky's crowing that's causing his neighbors to cry fowl.

"He's very loud," said Denita Leavitt told CBS4 in July. "He crows early in the morning, and I will still be in my room, maybe getting ready for work. He's crowing in the middle of the day at the end of the day, middle of the night, constantly."

Others have said too much time has been wasted on this issue.

"I think it's a little bit ludicrous," Elle Powers said, "because it's one animal, one complaint, everybody loves him. Mr. Clucky is an international symbol for hope, inspiration, fun and definitely a symbol against the torture of animals."

In May, Buckley was cited by the city's code enforcement division for having a farm animal in city limits. The summons ordered Buckley to evict Mr. Clucky.

"I found him in the bushes three years ago," said Buckley, who took in the rooster at his Miami Beach apartment.

Buckley found the rooster abused and scared, rescued him and called him Mr. Clucky. Since that day, the two have been hanging around Miami Beach and they have become quite the tourist attraction, as they usually ride around on Buckley's bike.

"I didn't know what to do with him. No vets would see him. No rescue center would take him," said Buckley.

People who see the rooster on Lincoln Road on his owner's bike treat him like a celebrity.

"It's awesome like walking around with a chicken," said one young tourist.

Last year, Mr. Clucky was given the honor of being the Grand Marshall in Coconut Grove's annual King Mango Strut. He's even been voted Top Activist in Miami Beach in 2008 and is the mascot for EarthSave, Critical Mass and PETA.

"I tried to find a home for him and no one would take him. He bonded with me and he has become a special icon," said Buckley, who can't believe the city is bothering with the issue.

(© MMIX CBS Television Stations. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report)

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