KEEPING OF FOWL WITHIN CITY LIMITS
CITY COUNCIL REGULAR MEETING
JANUARY 13, 2025| ITEM: 5.4
1 CITY OF LATHROP EXISTING MUNICIPAL CODE
LMC 6.16.010: Establishes minimum lot size of 1/3 acre (with an exception for peacocks present within city limits prior to January 1, 1990).
LMC 6.16.020: Each residence is limited to twelve mature animals (cumulative rabbits and fowl). LMC 6.16.030: Sets requirements for enclosures to maintain sanitary and humane conditions. LMC 6.16.040: Enclosures must be at least 50 feet from dwellings and 25 feet from lot lines. LMC 6.16.070: Requires resident/owner submit to inspection by Animal Control Officers. LMC 6.16.080: Prohibits fowl at large or in public places. 2 Keeping of Fowl is governed by LMCs 6.16.010, 6.16.020, 6.16.030, 6.16.040, 6.16070, and 6.16.080
NEIGHBORING CITIES MUNICIPAL CODES
Escalon: No minimum lot size or setback requirements. Limited to six animals (including household pets) per lot.
Ducks specifically prohibited.
Lodi: No minimum lot size or setback requirements. Limited to five poultry animals (maximum two ducks) per lot.
Enclosure must be within the rear yard.
Manteca: No minimum lot size. Enclosure must be twenty (20) feet from dwellings unless the owner of the dwelling provides written consent. No limit on number of animals. 3 A summary of the municipal codes governing the keeping of fowl in other cities in San Joaquin County
NEIGHBORING CITIES MUNICIPAL CODES
Ripon: No minimum lot size. Enclosure must be fifty (50) feet from dwellings unless the owner of the dwelling provides written consent. No limit on number of animals. Stockton: Governed by the City Development Code. Lots zoned for Residential Use are permitted four (4) poultry/fowl per 5,000 sq ft with a minimum lot size of 5,000 sq ft. Enclosures must be twenty (20) feet from neighboring dwellings and five (5) feet from lot lines. Tracy: No minimum lot size. Enclosure must be twenty-five (25) feet from dwellings. Limited to thirty (30) total animals unless issued a special permit by Council.
4 A summary of the municipal codes governing the keeping of fowl in other cities in San Joaquin County 5 PROS OF AMENDING MUNICIPAL CODE
• Ability for the City to support residents for whom chickens are part of a cost effective, sustainable source of healthy foods such as eggs and meat.
• Tailored Enforcement Approach: Larger lots or properties with sufficient setbacks may be able to accommodate the keeping of fowl without negatively impacting neighbors. 6 CONS OF AMENDING MUNICIPAL CODE
• Neighborhood Character and Aesthetics: The keeping of live animals introduces a variable amount of noise, waste, and odor. These can be partially mitigated by ensuring residents abide by dwelling and lot line offsets, coop construction, and cleanliness requirements as established in the Lathrop Municipal Code. • CC&R Conflict: There are some neighborhoods within the City with governing CC&Rs or HOAs that prohibit keeping of fowl regardless of lot size or setback distance.
SAMPLE OF HISTORIC NEIGHBORHOOD WITH VARYING LOT SIZES
CODE ALTERATIONS FOR CONSIDERATION
Council could consider amending LMC 6.16.010.B.2 to remove the lot size requirement for keeping fowl. This would allow residents with smaller lots to possess fowl as long as enclosure setbacks and sanitary conditions are maintained.
Council could consider amending LMC 6.16.010.B.2 to lower the lot size requirement for keeping fowl. Lowering the requirement to ¼ acre would allow more residents within the city to possess fowl, setback and enclosure conditions notwithstanding, while still prohibiting fowl on smaller lots. If the original intention behind the 1/3 acre lot size requirement was based on that being the minimally acceptable amount of land to sustain twelve mature animals, Council could consider amending LMC 6.16.020.A to lower the limit on the number of animals permitted per lot.
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RECOMMENDATION
Council to discuss and provide direction to staff regarding the proposal of an amendment to the municipal code sections governing the keeping of fowl within city limits.