American Canyon Municipal Code Ch. 6.13 Keeping of Roosters

The intent of this chapter is to limit the number of roosters that may be kept on a single

legal parcel, to eliminate the potential for public nuisance, illegal cockfighting and the raising of birds to be used for cockfighting, and for the protection of the health and safety of the residents of American Canyon.

Ord. 2014-02 § 2, 2014

Unless the context requires otherwise, the definitions in this section shall govern the

interpretation of the provisions of this chapter. "Agricultural commissioner" means the Napa County agricultural commissioner-sealer of weights and measures, or the agricultural commissioner's designees. "City" means the city of American Canyon "Cockfighting" is the practice of setting two male birds or roosters to fight each other. "Rooster" means any male chicken which has any one of the following characteristics: 1. Six months or older; 2. Has full adult plumage; 3. Capable of crowing.

Ord. 2014-02 § 2, 2014

(A) The number of roosters that may be raised or kept on any property within the city of American Canyon is limited in accordance with the following schedule:

Parcel Size Max. No. of Roosters

Less than 0.5 acres 0 Roosters

0.5 acres to 1.5 acres 1 Rooster

Greater than 1.5 acres 4 Roosters

(B) Rooster enclosures shall have a minimum setback from adjacent residences of one hundred and fifty feet.

(C) This section shall not apply to commercial poultry ranches whose primary commodity is the production of eggs or meat for sale as permitted by the city, public or private schools as registered with the California Department of Education, Future Farmers of America (FFA) or 4-H sponsored projects, or to legitimate poultry hobbyists as approved in writing by the agricultural commissioner.

(D) Each individual rooster beyond the rooster limitation in subsection A of this section constitutes a separate violation.

(E) No rooster may kept on property so that it constitutes a nuisance in accordance with Chapter 8.12 of the municipal code (Community Noise Ordinance).

(F) Nothing in the foregoing is to be construed as approving the keeping of any poultry in contravention of any statute, zoning ordinance, or other law.

(G) At all times, roosters shall be provided:

(1) Access to water and shelter from the elements (rain, wind, direct sun, etc.);

(2) Sufficient room to spread both wings fully and to be able to turn in a complete circle without any impediment and without touching the side of an enclosure; and

(3) Clean and sanitary premises that are kept in good repair.

(H) The agricultural commissioner shall establish written standards necessary to carry out the intent of this chapter and may condition any approval based on compliance with the written regulations and standards. Failure of any property owner and any person occupying or leasing the property to comply with any of the provisions of this chapter or applicable law, or the regulations and standards of the agricultural commissioner shall constitute good cause for the denial of any approval, either original or renewal, or for its revocation.

Ord. 2014-02 § 2, 2014

Notwithstanding any other provision of law, no person shall maintain any

rooster by means of a tether attached to an object. Each individual rooster so tethered constitutes a separate violation.

Ord. 2014-02 § 2, 2014

(A) Any person who violates any of the provisions of this chapter shall be guilty of either an infraction or a misdemeanor.

(B) In addition to the penalties set forth in subsection A of this section, violators of this chapter may be subject to a public nuisance abatement action brought under the provisions of Chapter 9.12 and the civil penalty provisions as provided in subsection D of Section 9.12.030 and may also be subject to an unfair competition action brought pursuant to Business and Professions Code Section 17200 et seq. and up to two thousand five hundred dollars civil penalty per violation.

(C) The civil remedies and penalties provided by this subsection are cumulative to each other.

Ord. 2014-02 § 2, 2014