San Fernando Municipal Code Art. IV Birds

This article shall be applicable to any lot or separate parcel of land or upon any number of contiguous lots or separate parcels of land under the same owner or person or that is owned or in possession of any person upon land, the use of which is restricted or zoned for residential purposes by any city ordinance.

(Code 1957, § 4.66)

It shall be unlawful for any person to keep more than 200 live birds or Psittacidae birds in the city.

(Code 1957, § 4.67)

It shall be unlawful for any person to have, keep, store or maintain in the city more than 25 live birds or Psittacidae birds or more than 25 of any combination thereof upon any residential lot in an outside or open cage, flight cage, or open aviary.

(Code 1957, § 4.68)

It shall be unlawful for any person to have, keep or maintain any open cage, flight cage or open aviary for live birds or Psittacidae birds within 35 feet of any building used as a dwelling or residence or hospital by any adjoining landowner or person other than the owner of such birds.

(Code 1957, § 4.69)

(a) Any person may maintain not to exceed 200 live birds or Psittacidae birds, provided such birds are kept and housed in an enclosure covered with solid material on all four sides, with adequate flooring and roof and with windows in the structure, the area of which would represent a maximum of 25 percent of the floor area in conformity with requirements of the building department. Such structure, housing or aviary shall be maintained at a distance of not less than 35 feet from any building used as a dwelling, residence or hospital by any person other than the owner of such birds, and the wall of such structure, housing or aviary facing any building used as a dwelling, residence or hospital by any person other than the owner of such birds must be constructed of solid materials. The lower portion of the windows or openings referred to in this subsection must be not less than three feet above the floor area.

(b) Every person who, as of December 12, 1955, was maintaining a permanent structure or aviary as distinguished from an open cage, flight cage or open aviary, in full compliance with all laws and ordinances then applicable thereto, and in full compliance with the sections of this article except as to the distance such aviary is located from residences or structures used for dwelling purposes on adjoining property, may continue to keep and maintain such aviary or structure, provided it is at least 20 feet from any structure used for dwelling purposes by any person other than the owner of the birds, upon obtaining a permit from the city clerk within 30 days from December 12, 1955.

(c) Following receipt of an application, the city clerk may cause any city department to make an inspection of the premises and, if such aviary was lawfully maintained and complied with the sections of this article, except as to the distance, as of December 12, 1955, and such aviary does not constitute a nuisance or a menace to health, the city clerk shall issue to the applicant a permit. Such permit shall be transferable. The city council shall have the power to revoke such permit at any time.

(Code 1957, § 4.70)

The owner maintaining, keeping or housing birds as specified in this article shall maintain on his property line and opposite the openings of the structure, as described in section 14-110 of this article, a solid fence of a maximum height in conformity with this Code or city ordinances.

(Code 1957, § 4.71)

Every person owning or occupying premises where birds are kept shall at all times keep the flight cage or aviary in a clean and sanitary condition.

(Code 1957, § 4.72)

It is declared a nuisance for any person to keep, maintain, store, house or have in his possession or control any birds in excess of the limits specified in this article. In addition to any other remedy, the city attorney may institute an action to summarily abate such nuisance.

(Code 1957, § 4.73)

State Law reference— State law authorizing cities to declare what constitutes a nuisance, Government Code § 38771.