DATE: JANUARY 18, 2022
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
OFFICE OF THE CITY ATTORNEY
FROM: MEGAN HUNTER, COMMUNITY DEVELOPMENT DIRECTOR
LISA BRINTON PLANNING MANAGER
CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: PROPOSED ORDINANCE ALLOWING DOMESTIC CHICKENS
RECOMMENDATION MOTION:
City staff does not have a recommendation associated with the City Council’s consideration of this item.
RECOMMENDATION:
It is recommended that the City Council consider whether to adopt an ordinance allowing domestic chickens. Upon the unanimous consent of all members of the City Council, the ordinance shall be passed on the day of its introduction. If the ordinance is not approved by the unanimous consent of the City Council on the day of its introduction, it will return to a subsequent meeting for additional consideration and will be adopted upon the affirmative vote of at least a majority of the members of the City. (Salinas Charter Article 11) If adopted, the ordinance will become effective thirty (30) days after.
The City Council’s options include the following:
Adopt the proposed ordinance as presented.
Adopt the proposed ordinance with modifications.
Not adopt the proposed ordinance.
Not adopt the proposed ordinance and direct staff to do specific additional research and return to the City Council with more information.
Not adopt the proposed ordinance and direct staff to include chicken-keeping among the topics to be discussed with the community as a part of the General Plan Update efforts.
EXECUTIVE SUMMARY:
An ordinance permitting the keeping of domestic chickens (hens) within city limits was previously suggested by then Mayor Pro Tem Cromeenes and Council member McShane. In November 2020, the City Council considered whether to adopt an ordinance allowing the keeping of domestic chickens, generally, with no other specific direction as to the permissible number, the applicable restrictions (e.g., only in certain zoning districts and only in certain types of coops or pens), or whether a fee should be imposed. The City Council determined not to move forward with an ordinance.
Council member McShane requested that the City Council again consider whether to adopt an ordinance allowing the keeping of domestic chickens, this time with the support of Council member González. Council member González’s support of the City Council’s consideration of such an ordinance is only provided the ordinance prohibits the keeping of roosters.
The City Council discussed a proposed domestic chicken ordinance at its December 7, 2021 meeting. During that meeting the City Council’s questions focused on a few key areas: health and safety concerns; ability of Code Enforcement to address complaints; ordinances in other Monterey County cities and; equity of the proposed ordinance’s restrictions. Additionally, as discussed on December 7, 2021, the requirement to obtain a license for each chicken has been removed from the proposed ordinance; an owner would only need to obtain a one-time permit an pay a one-time fee.
DISCUSSION:
The Proposed Ordinance
The proposed ordinance amends sections of the Municipal Code to allow for the keeping of up to four (4) chickens (hens) per residential lot only in the low-density residential zoning districts. Roosters are expressly prohibited and may not be kept under any conditions at any location in the city. Under the proposed regulations, chickens may be kept only on residential lots in the low- density residential zoning district (R-L District) of at least 5,500 square feet in size, with chicken coops set back at least ten (10) feet from all property lines to avoid impacts on adjacent properties. Coops are an important part of mitigating potential negative impacts on neighboring properties; the coops must be properly constructed and be kept clean to maintain the health of the chickens and to prevent the spread of odors and other nuisances beyond the property’s boundaries. The chickens may not be allowed to run at large, except when attended by a person. Chickens may not be slaughtered on site and the eggs harvested from the chickens may not be sold.
A resident desiring to raise domestic chickens subject to these regulations must obtain an annual permit and pay a one-time permit fee. Requiring a permit will allow City staff to educate potential chicken owners of the regulations and provide best practice recommendations for constructing coops. Attached to this Report is a Resolution setting the fees for the annual permits and for the licenses to allow the City to recover its costs incurred in implementing and managing this program: The proposed permit fee is $150.94, which is the same as a Home Occupational Permit. The Home Chicken Permit may be issued over the counter and is a one-time permit that runs with the land.
In the original draft proposed ordinance presented to the City Council on December 7, 2021, included the requirement for a per-chicken license. As discussed on December 7, 2021, that requirement is not recommended and has been removed from the proposed ordinance attached to this Report.
Other Monterey County Jurisdictions
Several local jurisdictions including the County of Monterey and the cities of Marina, Seaside, Monterey, and Pacific Grove allow for chickens to be maintained subject to permits, a limit on the number which may be kept, and standards for the housing of chickens, particularly to avoid the odors, rodents, and other nuisance factors which may come from the keeping of chickens. The consensus among those local jurisdictions which allow the keeping of chickens is that roosters are not permitted and up to four hens may be kept.
City
Regulations
Marina
Up to four chickens per household (no roosters) permitted within certain zoning districts (including residential) May be raised for eggs only and not slaughtered or raised for their meat.
Only permitted in residential districts if there is an adequate hen house: enclosure from which chickens cannot escape and which other animals (predators) cannot enter; at least 10 feet from the property line, may only be in the backyard, must be of sufficient size to prevent over-crowding.
Chickens cannot run at-large on any property, except in the backyard and when attended by a person.
Odors cannot be perceptible beyond the property line.
Must have clean food and water at all times.
All feed and other items which might attract pests must be properly secured.
Non-compliance is considered a nuisance, subject to abatement.
Seaside
Chickens (hens) are considered permitted animals. Roosters are prohibited.
No more than four hens per residential site.
Monterey
Chickens and roosters are not considered “domestic animals” which are permitted to be kept.
Chickens (hens) may be kept as “accessory uses” and may require additional permitting depending on the nature of the site.
No more than four chickens (hens).
A use permit is required for five to ten chickens and such shall be kept at least 40-feet from a dwelling on the property, 100 feet from other places used for human habitation, public parks or schools, and 100 feet from the property line.
Carmel
A maximum of two chickens (hens) may be kept per site in the residential (R-1) district.
No roosters are permitted.
All chickens must be kept and secured in an enclosure to prevent them from escaping and from other animals (predators)_from getting in.
Chickens cannot run at large on any property, except when attended by a person.
The enclosure cannot exceed 20-square feet in size and five feet high; cannot be visible from the street.
The enclosure is subject to design review and for location approval.
No slaughtering is permitted.
Failure to comply is considered a nuisance and can result in revocation of the permit.
Pacific Grove
Chickens may be kept, subject to a permit.
The chickens must be confined in such a place and manner as to not constitute a public or private nuisance.
No garbage may be fed to the chickens.
Wase must be promptly disposed of; may not be accumulated so as to be offensive to neighboring properties; may not accumulate in any amount within 15-feet of any neighboring property.
Gonzales
Keeping of chickens is prohibited, except with a permit.
Cannot endanger persons or property, cannot create a public nuisance or contrary to state or local law; cannot be within 50-feet of any family residence or building designated for human habitation, other than the building or residence occupied by the keeper.
Greenfield
Allows up to two hens (no roosters) per lot with an FFA or 4-H permit for a youth for educational purposes.
Soledad
Keeping of chickens (hens) is permitted, with a permit.
Cannot endanger persons or property, cannot create a public nuisance or contrary to state or local law; cannot be within 50-feet of any family residence or building designated for human habitation, other than the building or residence occupied by the keeper.
Code Enforcement Division and Animal Control/Services Concerns.
Enforcement of the proposed ordinance, if adopted by Council, will primarily fall within the purview of the Code Enforcement Division; the Salinas Police Department and Animal Services would also have authority to enforce the ordinance regulations. Violations of the ordinance may be enforced criminally as an infraction (which would only result in the imposition of a monetary penalty) and may be enforced administratively pursuant to the City’s Administrative Remedies Ordinance (which carries an administrative fine for the first and subsequent violations).
According to the Code Enforcement Division, since 2018, the City received a total of seventy-two (72) complaints about chickens/roosters: The City received sixty-six (66) complaints through Salinas Connect regarding chickens/roosters. Only eight (8) of those complaints were transferred to Code Enforcement due to other Code violations. In addition, the Code Enforcement Division received six (6) direct calls regarding chickens/roosters associated with other Code violations on the property.
As discussed during the December 7, 2021 discussion of this item, the Code Enforcement Division will likely need additional capacity to manage implementation and enforcement of the proposed ordinance (if adopted).
The Monterey County Animal Services Administrator has reviewed the proposed ordinance and has expressed concern regarding the City and the County’s ability to manage and to enforce the proposed ordinance. As the Council will recall, the City and the County collaborate on animal control services and are working toward the formation of a joint powers agency to manage animal control services for both agencies, and potentially others in Monterey County. Monterey County Animal Services (and the City’s two Animal Control Officers) is overwhelmed by existing expectations and is concerned about new actions related to a chicken permitting program. There currently is no room at existing shelters to house confiscated chickens (or roosters). Additionally, from Animal Services experience the majority of the problem with illegal chicken keeping is found in the high-density residential zoning districts, which are not affected by the proposed ordinance; chickens and roosters would continue to be illegal in the high-density residential zoning districts if the proposed ordinance is adopted. Enforcement would continue to be an issue in these areas in addition to the enforcement and management responsibilities that would come about through the adoption of the proposed ordinance. There are insufficient resources at the Animal Services level to appropriately address existing violations. The Animal Services Administrator also noted that cock-fighting continues to be an unresolved issue in Salinas.
Health, Safety, and Welfare Concerns.
According to Monterey County Animal Control and their contacts within the Monterey County Health Department, in their experience the major complaints from the keeping of domestic chickens are noise, smell (manure), and rodents attracted by the chicken food. Even four (4) chickens can cause all of these conditions to exist if not properly cared for and managed. There are some respiratory diseases among chickens that have been an issue in recent years, including Avian Influenza and Virulent Newcastle Disease. These are not an issue for humans, however, but are very contagious among chickens and often fatal to them. Salmonella and e-Coli are common public health hazards potentially associated with chicken contact; a disease that can go from chickens to humans but can be successfully managed if the individual washes their hands, keeps the chickens outside, and safely handles the birds. The bacteria are carried by healthy chickens and are communicable to people through direct contact, exposure to manure, or consumption of undercooked chicken and eggs.
Distribution of Chicken-Keeping Under the Proposed Ordinance.
The proposed ordinance allows chicken-keeping in the low-density residential zoning districts on properties with a lot size of at least 5,500 square feet. A map showing the low-density residential zoning districts and those lots within those zoning districts which are 5,500 or more is attached to this Report. There are 17,938 low-density residential lots, 16,314 of which are 5,500 or larger. That is 91% of the low-density residential parcels in the City on which chickens may be kept pursuant to the proposed ordinance. These lots are spread throughout the city.
During its December 7, 2021 discussion of the proposed ordinance, the Council considered whether the regulations in the proposed ordinance—particularly that which limits chicken-keeping to only those lots which are 5,500 square feet or larger—are inequitable because those who live on lots of a smaller size are prohibited from keeping chickens; whether the effect of the proposed ordinance, and not necessarily the intent, is to create an inequity. Certainly, those residents whose homes are on lot sizes smaller than the minimum required under the proposed ordinance will be affected differently than those whose homes are on sufficiently sized lots. The regulations are designed to mitigate the potential impacts to the community—noise, odors, potential vermin, and predators—and to provide sufficient space for the chickens to live cleanly and as freely as possible. Through staff’s analysis and attempts to balance competing interests, it was determined that only sufficiently large lots would be able to accommodate the size and space needed to humanely house the chickens and to prevent as much as possible impacts to neighboring properties.
Consistent with the health, safety, and welfare considerations discussed above, the Centers for Disease Control recommends the chicken coop be outside the home: “Don’t allow poultry or waterfowl inside your home for any reason, including areas where food or drink is prepared, served, or stored, such as kitchens or outdoor patios. Provide your backyard poultry with a safe, sturdy environment outdoors, with housing areas and feeders/waterers that can be easily cleaned and disinfected.” Only sufficiently large lots with enough size to house a chicken coop, along with the feed and the water, while maintaining a sufficient offset from adjacent properties to prevent the spread of odors and to avoid noise conflicts, will meet the CDC’s recommendations.
Pilot Program.
Recently, the idea of possibility of establishing a pilot program around the proposed ordinance was raised. The Council could establish a chicken-keeping pilot program around the proposed ordinance to allow for the gathering of information and data around chicken-keeping under the proposed regulations. A concern with this approach would be enforcement after the pilot program is ended. Any individual who obtains a permit during the pilot program period would arguably have a property right in that permit and would, therefore have the right to continue to keep chickens pursuant to the permit. In other words, once the right to keep chickens is granted pursuant to a permit, the City may not be able to end chicken-keeping even if the pilot program is ended.
CEQA CONSIDERATION:
The City Council’s adoption of the ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that implementation of the ordinance may have a significant effect on the environment.
STRATEGIC PLAN INITIATIVE:
The City Council’s adoption of an ordinance to allow for the keeping of chickens does not align with any of the City Council’s 2020-2023 Goals.
FISCAL AND SUSTAINABILITY IMPACT:
The City Council’s consideration whether to direct staff to prepare an ordinance to allow for the keeping of chickens does not have a direct fiscal impact on the City’s General Fund or Measure E or Measure G funds. The nominal permit and license fees are intended to allow the City to recover its costs incurred in implementing and managing the program.
DEPARTMENTAL COORDINATIONS
The Community Development Department and the City Attorney’s Office coordinated on the preparation of the ordinance, resolution, and this Report.
ATTACHMENTS:
Resolution
Ordinance
Low-Density Residential Zoning Map
Map of Lots 5,500 square feet in size, or greater
RESOLUTION NO. ____________ (N.C.S.)
A RESOLUTION ESTABLISHING AN ANNUAL PERMIT FEE AND LICENSE FEE ASSOCIATED WITH THE KEEPING OF DOMESTIC CHICKENS BE IT RESOLVED BY THE COUNCIL OF SALINAS as follows:
Annual Domestic Chicken Keeping Permit. The non-refundable permit fee associated with the submittal of an application for a permit for keeping domestic chickens pursuant to the Salinas Municipal Code is set at $150.94 and may be adjusted from time-to-time by Resolution of the City Council.
PASSED AND APPROVED this _____ day of _____________________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________________
Kimbley Craig, Mayor
ATTEST:
_____________________________________
Patricia M. Barajas, City Clerk
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The City employs two Animal Control Officers who work with the County Animal Control Services Division to enforce animal control regulations in the city.
Some situations have been found to exist where 20-30 chickens/roosters were found on a single high-density residential property. https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/avian https://www.cdc.gov/healthypets/pets/farm-animals/backyard-poultry.html During the December 7, 2021, City Council meeting, a suggestion was made that perhaps chickens may be kept indoors, in apartment homes. https://www.cdc.gov/healthypets/pets/farm-animals/backyard-poultry.html. Most apartment complex rules and regulations would likely prohibit the keeping of chickens regardless of the City’s regulations.
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