Santa Barbara County Municipal Code § 7-69 Violations and penalties

The purpose of this article is to limit the number of roosters that may be kept on a single premise to minimize the potential for public nuisances, to prevent illegal cockfighting and the raising of birds to be used for cockfighting, and to protect the health, safety, and welfare of the residents of the county.

(Ord. No. 5200, § 2, 1-23-2024)

For purposes of this article, terms are defined as follows:

(a) "Premises" means one or more lots or parcels that are contiguous and that are under common ownership.

(b) "Rooster" means a male chicken that:

(1) Is six months old or older; or

(2) Has full adult plumage; or

(3) Is capable of crowing.

(Ord. No. 5200, § 2, 1-23-2024)

(a) No person shall keep or maintain on any premises more roosters than are listed on the following table for the applicable property size of the premises without obtaining a rooster keeping operation permit pursuant to section 7-6. Rooster keeping operation permits shall not allow more than twenty-five roosters to be kept or maintained on any premise regardless of the property size of the premise.

(b) Each rooster on a premise shall be housed in an enclosure that is located a minimum of twenty-five feet from property lines and one hundred fifty feet from any dwelling located on another lot. The construction and location of cages, coops, or enclosures must comply with building code or other property setback requirements, as applicable, and be kept a minimum of ten feet apart, and covered on any side that may give a rooster a view of other roosters.

(c) A person who seeks to keep or maintain more roosters than listed in section (a) of this section must obtain a rooster keeping operation permit in accordance with section 7-6.

(d) Subsections (a) and (b) of this section shall not apply to a member of a local chapter of 4-H or Future Farmers of America (FFA), or other educational poultry projects provided the number of roosters does not exceed the number of roosters as specified in the project documentation.

(e) Nothing in this article shall be construed as authorizing the keeping of any roosters in violation of any other county ordinance including, but not limited to, the land use development code or zoning ordinance. If there is any conflict between this ordinance and any other county ordinance, the most restrictive provision shall apply.

(f) Each rooster shall, at all times, be provided with:

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

(2) Sufficient room to spread both wings fully and be able to turn in a complete circle without impediment and without touching the side of an enclosure. Enclosures shall be large enough to allow food and water containers to be separate from areas of elimination.

(3) Clean, safe, and sanitary enclosures that are kept in good repair to protect the roosters from injury, to contain the roosters, and to exclude other animals that may be injurious. Crates, boxes, and scrap materials such as plastic, canvas, metal, and salvaged ply-boards are not suitable and shall not be used. Wire flooring is prohibited.

(g) No person shall maintain or keep any rooster by means of a tether attached to an object.

(h) An animal control officer or peace officer may enter private property to inspect the property when the person entering has reasonable cause to believe that there is a violation of this section.

(Ord. No. 5200, § 2, 1-23-2024)

The filing of an application for a rooster keeping operation permit or for renewal of an annual rooster keeping operation permit shall be accompanied by payment of such fees as the board of supervisors has approved to recover the cost of administration of this chapter. Applicants are responsible for the costs of inspections, investigations, and any other fee-associated activity established as follows:

Annual operating permit fee: One hundred eighty-two dollars

Complaint investigation fee: One hundred thirty-eight dollars/hour (for justified complaints)

(Ord. No. 5200, § 2, 1-23-2024)

(a) It is unlawful for any property owner or any person occupying or leasing the property or premises of another to violate any provision of this article.

(b) Each violation of a requirement of this article, or of any of the conditions or restrictions set forth in a rooster keeping operation permit, is a separate violation and will be separately subject to fines and/or penalties. Each day a violation exists constitutes a new and separate violation. Each rooster subjected to a condition or circumstance in contravention of this article, or in contravention of any of the conditions or restrictions set forth in a rooster keeping operation permit, constitutes a new and separate violation.

(c) Any person who violates the provisions of this Article is guilty of an infraction. The amount of the fine for an infraction shall be pursuant to section 24A-4 of this Code and up to the maximum fine or penalty amounts for infractions set forth in subdivision (b) of California Government Code Section 25132, which shall be punishable by a fine not to exceed one hundred dollars for the first violation; not to exceed two hundred dollars for a second violation within one year; and not to exceed five hundred dollars for each additional violation of the same ordinance within one year.

(d) The animal control officers of the county shall have the duty to investigate and enforce the provisions of this article. The provisions of this article may also be enforced by any peace officer having the jurisdictional authority to do so.

(e) Any act or failure to act in violation of this article may be subject of a civil action to ensure compliance. The filing and prosecution of an action seeking injunctive relief will not limit the authority or ability to enforce the requirements of this article or to impose penalties or to take any other action as permitted by law.

(Ord. No. 5200, § 2, 1-23-2024)