Del Rey Oaks Municipal Code Ch. 6.16 Chickens, Fowl, and Livestock

A. Limitation, Generally. No person shall keep any chickens except as specifically authorized in this section.

B. Permit Required. No person shall keep any chickens without having first obtained a use permit from the City. Use permits required by this section shall be issued by the City Manager or his designee pursuant to Title 17 of the Municipal Code and shall be subject to a fee established by resolution of the City Council. The permit of any person who fails to continually comply with the provisions of this section may be revoked by the City Manager or his designee, subject to the right to an appeal as set forth in section 6.16.030 of this chapter.

C. Limitation on Number. No person shall keep more than five chickens at any one time upon any lot or separate parcel of land or upon any number of contiguous lots or separate parcels of land under the same ownership or possession; however, within the boundaries of that subdivision known as the "Carlton Estates" no person shall keep more than 20 chickens at any one time upon any lot or separate parcel of land or upon any number of contiguous lots or separate parcels of land under the same ownership or possession.

D. Limitation on Roosters. No person shall keep any rooster at any time.

E. Limitation on Keeping Chickens for Commercial Purposes. Chickens may be kept only for personal use and no person shall keep any chickens for the purpose of commercial activities.

F. Housing of Chickens. Any chickens kept pursuant to a permit issued by the City shall be kept in an enclosed structure during the non-daylight hours. Any enclosed structure used to house chickens must be placed at least five feet from the boundaries of the parcel or lot upon which the chickens are kept, whether the same be fenced or not. No enclosed structure used to house chickens shall exceed six feet in height above grade. The enclosed structure may only be placed in the year yard and may not be placed in the front yard or the side yard and shall be constructed of suitable materials so as to prevent the escape of any chickens and shall be maintained in good repair.

G. Storage of Food. All food and other materials kept for the feeding of chickens must be stored and maintained in a vector-proof container.

H. Applicability of Zoning Provisions. All provisions of the Del Rey Oaks Zoning Code, including those provisions applicable to Home Occupation Use Permits, shall apply to the keeping of chickens pursuant to this section.

I. Nuisance. No person shall keep any chickens pursuant to this section unless such chickens are kept in a clean and sanitary manner. The failure to comply with the provisions of this section while keeping chickens is hereby deemed a public nuisance subject to abatement by the City.

(Ord. No. 276, § 2, 11-19-2013)

A. Limitation, Generally. No person shall keep any fowl, other than chickens, or livestock; however, fowl and livestock may be kept in that subdivision known as the "Carlton Estates" only pursuant to a permit issued pursuant to this section. No such fowl or livestock shall be maintained closer than 30 feet from any dwelling now existing or hereafter erected and such fowl or livestock shall be kept in a clean and sanitary manner.

B. Permit Required. No person shall keep any fowl or livestock within that subdivision known as "Carlton Estates" without having first obtained a use permit from the City. Use permits required by this section shall be issued pursuant to Title 17 of the Municipal Code and shall be subject to a fee established by resolution of the City Council. The permit of any person who fails to continually comply with the provisions of this section may be revoked.

C. Limitations and Conditions on Approval. The City shall not approve any permit for the keeping of any fowl or livestock where it finds and determines that the granting of such a permit would be detrimental to the health, safety, and welfare of the public or would unreasonably interfere with the quiet and peaceful enjoyment of surrounding or neighboring property. The City Planning Commission may impose reasonable conditions in order to protect the public health, safety, and welfare.

D. Nuisance. The failure to comply with the provisions of this section or the permit issued pursuant to this section is hereby deemed a public nuisance subject to abatement by the City.

(Ord. No. 276, § 2, 11-19-2013)

Failure to comply with any of the requirements of this chapter may result in revocation of the permit by the City Manager or his designee. The revocation of any permit shall be subject to appeal to the City Council. Any person seeking to appeal the revocation of a permit issued pursuant to this section must file a written notice of the appeal with the City Clerk within ten days from the date of revocation. Such notice of appeal must state the grounds upon which such appeal is based. Upon the City Clerk's receipt of a timely notice of appeal, the appeal shall be scheduled for consideration at the next available meeting of the City Council.

In addition to the revocation of the permit, any person who violates any provision of this chapter shall be guilty of a misdemeanor, subject to a fine in an amount not to exceed $1,000.00 and imprisonment in the County Jail for up to six months. Alternatively, and in the discretion of the City Attorney, and in addition to any other legal or equitable remedy which may be available to the City, any such violation may be prosecuted administratively pursuant to the City's administrative remedies ordinance (Ordinance No. 266).

(Ord. No. 276, § 2, 11-19-2013)