ATTACHMENT 2
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ORDINANCE NO. 671
AN ORDINANCE OF THE CITY COUNCIL 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 desires to allow its residents to keep chickens on private property pursuant to reasonable regulations; and
WHEREAS, the Town of Atherton has before enacted regulations relating to the keeping of chickens on private property; and
WHEREAS, the Town of Atherton wishes to reenact those same regulations relating to the keeping of chickens on private property.
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.
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 Ordinance No. 671 Page 2 of 3February 5, 2025
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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.
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 Ordinance No. 671 Page 3 of 3February 5, 2025
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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: 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 3: Effective Date. This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
Introduced on the 5 day of February, 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