San Marino Municipal Code Art. 03 Fowl

Persons shall be permitted to keep chickens on all parcels in the R-1 zone subject to the conditions set forth herein:

A. A maximum of three (3) hens shall be allowed. Roosters are prohibited.

B. A chicken coop shall be required.

1. Chicken coops shall be permitted only in the rear yard and shall comply with the applicable side yard setback required by subsection 23.02.09A of this code. The rear yard setback for the coop shall be no less than the required side yard setback. Coops shall be set back a minimum of five feet (5') from street side property lines on corner lots and shall be screened from public view by a solid wall or fence.

2. Chicken coops must be a minimum of thirty five feet (35') from the main dwelling structure on an adjacent property.

3. Coops shall be required to have a floor and secure doors.

4. Chickens shall be secured in the coop at night.

5. Coops shall comply with any other applicable sections found in chapter 23 of this code or in the California building code.

C. Adequate fencing, walls or other barriers shall be installed or maintained on the premises so that chickens cannot gain access to adjacent properties.

D. It shall be unlawful to slaughter a chicken on any parcel in the city.

E. It shall be unlawful to keep chickens for commercial purposes.

F. It shall be unlawful to own or harbor any chicken over the age of four (4) months within the city, unless the owner of the chicken obtains a permit from the city.

1. The applicant for a chicken permit shall provide the name, address and phone number of the applicant. The applicant shall also provide a plot plan showing the location and dimensions of the proposed coop. The location of the coop cannot be changed unless the city approves an amendment to the permit approving the new location.

2. The fee for a chicken permit shall be set by city council resolution.

3. Penalty charges shall be set by city council resolution for failing to apply for a chicken permit within a month of the time the license application was due. (Ord. 0-13-1271, 1-25-2013)

It shall be unlawful and is hereby declared a public nuisance to keep, maintain or possess any fowl, except as permitted under section 06.03.01 of this article. This includes, but is not limited to, roosters, geese, turkeys, guinea fowl, pea fowl and ducks or other similar domesticated fowl or wild varieties thereof in the city. Additionally, it shall be unlawful and is hereby declared a nuisance to feed peafowl. Any violation of the article shall be deemed a misdemeanor and may be enforced as provided in chapter I, article 06 of this Code. (Ord. 0-13-1271, 1-25-2013; amd. Ord. O-21-1382, 11-17-2021)

It shall be unlawful to keep or to suffer or permit to be kept birds (other than fowl which are absolutely prohibited, except as permitted under section 06.03.01 of this article), in an outside aviary which is located less than thirty five feet (35') from any residential house or structure. (Ord. 0-13-1271, 1-25-2013)

It shall be unlawful for any person to allow or permit any birds under his/her control to create a nuisance by excess noise or by roaming at large or going upon the premises of any other person in the city. (Ord. 0-13-1271, 1-25-2013)