ATTACHMENT 1
Ordinance No. 669 Page 1 of 4 February 5, 2025
4907-1231-3862.1 014537.009
ORDINANCE NO. 669
AN URGENCY ORDINANCE OF THE TOWN OF ATHERTON AMENDING CHAPTER
6.04 OF THE ATHERTON MUNICIPAL CODE RELATING TO THE KEEPING OF
CHICKENS ON PRIVATE PROPERTY
WHEREAS, the Town of Atherton formerly had the proposed regulations relating to the keeping of chickens on private property, but it was inadvertently repealed through the reenactment of Chapter 6.04; and
WHEREAS, the Town of Atherton currently has no regulations relating to the keeping of chickens on private property, which poses a risk to the health and safety to people within the Town of Atherton; and
WHEREAS, the Town of Atherton currently has residents inquiring about the keeping of chickens on private property; and
WHEREAS, pursuant to the Town of Atherton's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the Town of Atherton has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the Town and its residents and to regulate or prohibit certain land uses; and WHEREAS, this ordinance is an urgency ordinance adopted pursuant to the authority granted to the Town by Government Code Section 36937(b), and is for the immediate preservation of the public peace, health or safety. The facts constituting urgency are:
1. The Town formerly had the proposed ordinance enacted until its inadvertent deletion following the reenactment of Chapter 6.04; and
2. Absent the adoption of this ordinance, there are no regulations relating to the keeping of chickens on private property, which poses a risk to the health and safety of people within the Town of Atherton;
3. Residents within the Town of Atherton are inquiring about the keeping of chickens on private property.
4. This use, left unregulated, could result in excessive noise, odors, and health issues to the surrounding neighbors.
The City Council of the Town of Atherton does hereby ordain as follows:
SECTION 1: Chapter 6.04 of the Atherton Municipal Code is amended by adding Section
6.04.045 to read as follows:
6.04.045 Chicken Regulations.
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Ordinance No. 669 Page 2 of 4 February 5, 2025
4907-1231-3862.1 014537.009
A. Lot Size Requirements. No legal lot less than 20,000 square feet in area shall be permitted to maintain chickens.
B. Number of Chickens
1. Up to 3 chickens are permitted on lots between 20,000 square feet and 40,000 square feet in area.
2. Up to 10 chickens are permitted on lots greater than 40,000 square feet and 80,000 square feet or less in area.
3. Up to 20 chickens are permitted on lots greater than 80,000 square feet in area.
4. No more than 40 chickens may be permitted on school properties that are 2.0 acres or greater in area for educational purposes.
C. Roosters are prohibited on any property in Town.
D. Chicken Enclosure Requirements
1. A chicken enclosure is defined as an outdoor area inside a fence where chickens are kept and allowed to walk around. A chicken enclosure shall also contain within its allowable buildable area, a chicken coop. A chicken coop is defined as an enclosed building where female chickens are kept which also provides protection from the elements and predators.
2. All chickens must be maintained and kept at all times within the chicken enclosure to ensure against trespass onto neighboring or public property.
3. Not more than one chicken enclosure is allowed per property.
4. The chicken enclosure shall comply with the following development standards:
a. Setbacks and Location. The chicken enclosure shall be located in the main building area. In addition, the chicken enclosure may encroach into the side and rear yard setbacks by not more than fifty percent of the required main building side and rear yard setbacks, or 20’ from side and rear property lines, whichever is greater. The chicken enclosure shall be located a minimum of 8 feet from the main building on the property. b. Height. The chicken enclosure shall not exceed six feet in height. c. Square Footage. The maximum allowable square footage for chicken enclosures, which shall contain a chicken coop as defined by this section, is 120 square feet.
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Ordinance No. 669 Page 3 of 4 February 5, 2025
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E. Sanitary and Health Requirements
1. All chicken enclosures shall at all times be kept and maintained in a clean, sanitary and sightly condition; any enclosure found to be in an unclean, unsanitary or unsightly condition is hereby declared to be a public nuisance and subject to summary abatement as authorized by law.
2. Any water runoff from the cleaning and maintenance of the chicken enclosure shall be retained on the same property and shall not run onto adjacent properties or the public right of way.
3. All chicken enclosures shall be maintained to be well-ventilated, free from odor, prevent a breeding place for flies, pests or vermin, and secure from predators.
4. Chicken feed shall be stored in a rodent and predator proof container.
5. All permits shall be subject to conditions of current biosecurity practices as listed by the California Department of Food and Agriculture (CDFA) to reduce the risk of introducing disease.
F. Permit Requirements
1. Any person wishing to keep chicken(s) on any property within the town shall first obtain a Chicken Permit from the Town Planner or Town Planner’s designee. The Chicken Permit application shall include the property owners of record, legal lot size of the parcel, the number of chickens to be maintained on the property, a site plan with details of the chicken enclosure, including setbacks and height calculations as outlined by this section. The City Manager may revoke a Chicken Permit if the keeping of the chicken(s) constitutes a nuisance. The Chicken Permit is not transferable to successor owners of the property upon which the Chicken Permit is issued.
G. It shall be the duty of the City manager, the Chief of Police and the City Attorney to enforce this chapter. No oversight or dereliction on the part of any official or employee of the town vested with the duty or authority to issue permits or licenses shall legalize, authorize, waive or excuse the violation of any provisions of this chapter.
SECTION 2: Authority. Urgency Ordinance NO. 669 is adopted pursuant to the authority conferred upon the City Council of the Town of Atherton by Government Code Section 36937(b).
SECTION 3: Findings. In adopting this Urgency Ordinance, the City Council finds and determines that each of the recitals and findings contained in Urgency Ordinance NO.669 remain true and correct and are incorporated herein by reference, and that the adoption of this extension is necessary to provide the Town of Atherton with the opportunity to protect the health and ATTACHMENT 1
Ordinance No. 669 Page 4 of 4 February 5, 2025
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safety of its residents by enacting regulations relating to the keeping of chickens on private property.
SECTION 4: Severability. The City Council hereby declares it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provision in the Ordinance severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 5: No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the Town of Atherton, or any officer of employee thereof, a mandatory duty of care towards persons or property within the Town of Atherton or outside of the Town of Atherton so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 6: Effective Date. This Ordinance shall be in full force and take effect immediately from and after its passage and approval by at least four-fifths vote of the City Council. Although not required by law, the City Clerk shall cause this ordinance to be published in summary format within 15 days after adoption in a newspaper of general circulation published and circulated within the Town of Atherton.
Introduced on the 5 day of February 5, 2025.
Passed and adopted as ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of ________, 2025 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST: CITY CLERK
MAYOR