Chapter 8.380 — KEEPING OF ANIMALS & DOMESTIC POULTRY IN

All domestic birds or animals customarily kept as pets for amusement or companionship, including, but not limited to, dogs and cats, and excluding exotic animals, horses and livestock, shall be kept in conformance with the following:

• (a) Structures housing animals shall be located in conformance with accessory structure regulations (Chapter 8.348 of the County Ordinance Code).

• (b) All animals shall be kept in a manner consistent with County Health Regulations (County Ordinance Code, Division IV).

• (c) The following shall be included when determining the number of animals kept per dwelling unit or per business establishment: (1) any animal over the age of four (4) months; and (2) any animal to which care and sustenance have been provided for a period of thirty (30) days or longer, except where animals are boarded all animals over four (4) months shall be counted.

(Prior code § 6401.1; Ord. 3439, November 10, 1992)

(Prior code § 6401.1 – Amd. Ord. 4510, July 27, 2010)

• (a) Definitions

For the purposes of this Section of the San Mateo County Ordinance Code, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

1. “At large,” as used in the context of “running at large,” means outside of a yard and not within the immediate possession or control of some person.

2. “Coop” means a cage, warren, cote, or similar enclosure which is roofed or which has an overhead covering of wire or other material that is used as or intended for use as a shelter for

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

any domestic poultry. Such coop shall measure a maximum of 100 sq. ft., with a maximum height limit of 6 feet.

3. “Domestic poultry” includes only chickens and ducks and excludes geese, turkeys, peafowl, pigeons, doves, and other fowl or birds typically used for food or food products. Roosters are prohibited.

4. “Keep” means to possess, house, enclose, harbor, maintain or permit to remain for any period of time.

5. “Nuisance” shall have the same meaning as set forth in State law, including but not limited to California Civil Code Section 3479, and includes anything that is injurious to health, or is indecent or offensive to the senses, so as to interfere with the comfortable enjoyment of life or property.

6. “Premises” means a parcel of land within unincorporated San Mateo County.

7. “Rooster” means a male chicken.

8. “Yard” means a unit of real property immediately surrounding or adjacent to a residential structure and completely enclosed by a fence, wall, building or similar barrier or a combination of such similar barriers.

(b) Prohibition of Keeping of Domestic Poultry

It is unlawful for any person or persons to keep, or cause to be kept within any residentially zoned district within unincorporated San Mateo County any live domestic poultry unless each of the requirements set forth in this Section of the County Ordinance Code has been met. Violation of this Section shall be an infraction.

(c) Location

All domestic poultry kept pursuant to this Section must at all times be kept within the confines of the yard and domestic poultry shall be housed in coops/runs no larger than 100 sq. ft. in size and a maximum height of 6 feet, which shall be located on the rear half of the parcel and to setbacks pursuant to the accessory building regulations, Chapter 8.348 of the San Mateo County Zoning Regulations. Such parcel shall be enclosed on the side and rear yards by a good and substantial fence of a height of at least six (6) feet. Nothing herein shall exempt any property owners from any regulations regarding the height or location of fences.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

(d) Number of Domestic Poultry and Parcel Size

The minimum parcel size in a residentially zones district for the keeping of domestic poultry is 2,500 sq. ft. On parcels that are greater than 2,500 sq. ft., but less than 7,500 sq. ft. in size, a maximum of six (6) domestic poultry may be kept. On parcels that are at least 7,500 sq. ft. in size, a maximum of ten (10) domestic poultry may be kept.

(e) Roosters Prohibited

No roosters shall be kept within any residentially zoned district within the unincorporated area of San Mateo County.

(f) Sanitation

All yards, coops, and runs for domestic poultry shall be kept in a sanitary condition and free from offensive odors and flies. Dead domestic poultry shall be kept in an insecttight container and promptly removed from the premises (Title 4, Section 4.80.030 of the County Ordinance Code).

(g) Running at Large Prohibited

It is unlawful for domestic poultry to run at large within the unincorporated territory of San Mateo County and it shall be an infraction for any person to allow domestic poultry to run at large. Any domestic poultry found running at large may be impounded and disposed of in the manner provided for the impoundment and disposal of animals running at large in unincorporated San Mateo County (Title 6, Section 6.04.170 of the County Ordinance Code).

(h) Nuisance

Under no circumstances shall domestic poultry be permitted to create noise so as to disturb the peace of other members of the public. Nothing in this Section shall bar or otherwise affect any person’s right to bring an action to enjoin a nuisance. Compliance with the requirements in this Section shall not, in itself, constitute a defense to a claim of nuisance arising out or related to of the keeping of domestic poultry. Violation of this Section shall be considered an infraction. Violations will be referred to the Planning and Building Department’s Code Compliance Section for review and abatement.

• (i) Selling

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

It shall be unlawful for any person to display, sell or offer for sale, in any residentially zoned district, any chickens, ducks, or eggs of such domestic poultry.

• (j) Slaughtering

The commercial slaughtering of poultry in non-agriculturally zoned areas is strictly prohibited.

(Prior code § 6401.1.1; Ord. 4508, July 27, 2010)