Article 9 — Roosters

4494-1 - Purpose.

The intent of this Article is to limit the number of roosters that may be kept on a single parcel of real property, to eliminate the potential for a public nuisance, illegal cockfighting and the raising of birds to be used for cockfighting, to prevent the inhumane treatment of

birds by those who engage in illegal cockfighting activities and for the protection of the health and safety of the residents of Ventura County.

(Ord. No. 4535, § 2, 12-11-2018; Ord. No. 4587, § 1, 10-19-2021)

4494-2 - Definitions.

The following terms are defined for purposes of this Article:

(a)

"Law Enforcement Officer" means the Ventura County Sheriff, any person authorized to act on behalf of the Ventura County Sheriff in the enforcement of this Chapter, or any other Peace Officer as defined by Section 4472, subdivision (j).

(b)

"Legitimate poultry hobbyist" means a person who owns and breeds poultry for exhibition or for sale of offspring in accordance with accepted poultry raising practices.

(c)

"Nonprofit humane organization animal facility" means an animal facility operated by a bona fide charity in good standing under the provisions of Section 501(c)(3) of the Internal Revenue Code, where roosters are kept for adoption, recovery or sanctuary.

(d)

"Parcel" means an area of land having fixed boundaries depicted on or described by a tentative map, final map, parcel map or instrument of conveyance for the purpose of defining land to be held, actually or potentially, in fee title as a discrete unit, or a permit area as determined by the Ventura County Planning Director. Licenses, easements, and streets, alleys and similar rights-of-way are not parcels.

(e)

"Person" means any natural person, firm, corporation, organization, company, association, business, trust, joint-stock organization, partnership, joint venture, or club, or the agent, servant, manager, officer, employee or lessee of any of them.

(f)

"Public officer" means the Director or any person authorized to act on behalf of the Division in the enforcement of this Article and the Agricultural Commissioner or any other person authorized to act on behalf of the Agricultural Commissioner in the enforcement of this Article.

(g)

"Rooster" means any male chicken that:

(1)

Is six (6) months old or older; or

(2)

Has full adult plumage; or

(3)

Is capable of crowing.

(Ord. No. 4535, § 2, 12-11-2018; Ord. No. 4587, § 1, 10-19-2021)

4494-3 - Rooster keeping.

(a)

Notwithstanding any other provision of the Ventura County Ordinance Code, no person shall keep, maintain, control or harbor five (5) or more roosters on any parcel of real property within unincorporated Ventura County. This Section shall not apply to commercial poultry ranches whose primary commodity is the production of eggs or meat for sale as permitted by the County, public or private schools as registered with the California Department of Education, or nonprofit humane organization animal facilities.

trol or harbor five (5) or more roosters on any parcel of real property within unincorporated Ventura County. This Section shall not apply to commercial poultry ranches whose primary commodity is the production of eggs or meat for sale as permitted by the County, public or private schools as registered with the California Department of Education, or nonprofit humane organization animal facilities.

Future Farmers of America (FFA) or 4-H sponsored projects or legitimate poultry hobbyists may have up to five (5) roosters of the same breed for a maximum of twenty-five (25) roosters kept or maintained on any property in Ventura County, provided that such projects or hobbyists are approved in writing by the Director or any person authorized to act on behalf of the Division.

(b)

Each individual rooster beyond the rooster limit constitutes a separate violation.

(c)

Rooster enclosures shall have a minimum set back from adjacent residences of forty (40) feet.

(d)

Nothing in the foregoing is to be construed as approving the keeping of any poultry in contravention of any statute, zoning ordinance or other law.

(e)

At all times, roosters shall be provided:

(1)

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

(2)

Sufficient room to spread both wings fully and to be able to turn in a complete circle without any impediment and without touching the side of an enclosure; and

(3)

Clean and sanitary premises that are kept in good repair.

(f)

The Director shall establish written regulations and standards necessary to carry out the intent of this Article and shall condition any approval on compliance with the written regulations and standards, including the number of roosters. The number of roosters allowed to be kept within a rooster keeping permit will be determined according to the factors related to public health, welfare and safety, including parcel size, proximity to neighbors, sanitation and ability to meet animal care standards as set forth in Section 4494-3. Failure of any property owner or any person occupying or leasing the property or premises of another to comply with any of the provisions of this Article, applicable law, or the regulations and standards of the Division shall constitute good cause for the denial of any approval, either original or renewal, or for its revocation.

(Ord. No. 4535, § 2, 12-11-2018; Ord. No. 4587, § 1, 10-19-2021)

4494-4 - Tethering prohibited.

Notwithstanding any other provision of law, no person shall maintain or control any rooster by means of a tether attached to an object. Each individual rooster so tethered constitutes a separate violation.

(Ord. No. 4535, § 2, 12-11-2018; Ord. No. 4587, § 1, 10-19-2021)

4494-5 - Violations and penalties.

(a)

Any law enforcement officer or public officer may issue a notice to appear citation to the property owner or any person occupying or leasing the property or premises of another for violation of this Article.

(b)

A property owner or any person occupying or leasing the property or premises of another who violates any provision of this Article is guilty of a misdemeanor/infraction, which is enforceable pursuant to Ventura County Ordinance Code, Sections 13 through 13-4. An Animal Control Officer, as defined in Section 4493-2, may issue an administrative citation assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in, Article 8.

(c)

In addition to the foregoing, the County Counsel may seek any legal or equitable relief as permitted under law.

(Ord. No. 4535, § 2, 12-11-2018; Ord. No. 4587, § 1, 10-19-2021)