HomeMy WebLinkAboutORD ADOPT ROOSTERS 06-15-92` f JUNE 15, 1992
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
` ORDINANCE NO. 1090 - ROOSTERS
RECOMMENDATION
ORDINANCE FOR ADOPTION NO. 1
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It is recommended that the City Council by Minute Order waive
further reading of Ordinance No. 1090 and adopt Ordinance No. 1090
by title only.
BACKGROUND
The Tustin City Council at a regular meeting on June 1, 1992,
waived the first reading of Ordinance No. 1090 and introduced the
Ordinance by title only. The City Council's action on Ordinance
No. 1090 included the requirement that a rooster be placed as close
as possible to the rear property line, in addition to other
development standards. This requirement has been added to Section
4221(b)(3) of the attached Ordinance.
A number of members of the City Council have subsequently inquired
of staff whether there was an intention to keep roosters in
enclosed coops at all times. Staff has contacted Mr. Jeff
Thompson, a proponent of Ordinance.No. 1090 who was absent at the
June 1 meeting to inquire whether he had any issues regarding this
matter. Mr. Thompson stated that he was not concerned about the
language. Mr. Thompson was informed of the availability of this
report and reminded that any concerns could be voiced at the June
15, 1992 meeting of the City Council during discussion of the
Ordinance.
As also requested by the City Council on May 4, staff will re-
agendize this item at the December 7, 1992 meeting of the City
Council to monitor any further crowing complaints.
Becky Stone Christine A. Shi eton
Assistant Planner Assistant City Manager
BCS:nm/rooster3
Attachments: Ordinance No. 1090
Exhibit A - Tustin City Code Section 4221
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ORDINANCE NO. 1090
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, AMENDING SECTION 4221 OF ARTICLE 41 CHAPTER
2, PART II OF THE TUSTIN CITY CODE ESTABLISHING
MINIMUM STANDARDS FOR THE MAINTENANCE OF ROOSTERS
IN THE CITY OF TUSTIN
The City Council of the City of Tustin DOES HEREBY ORDAIN as
follows:
WHEREAS, the City Council finds that roosters are
currently being maintained in certain residential districts
within the City of Tustin,
WHEREAS, the City Council finds that the maintenance of
a limited number of roosters is in keeping with the historic
character of certain single family residential neighborhoods
within the city that are located within the Cultural Resources
Overlay District also referred to as "Old Town Tustin."
WHEREAS, the City Council finds that single family
residential portions of Old Town Tustin can be considered more
appropriate for the maintenance of fowl and roosters because
of its unique environment which can be characterized as
follows:
1. large, deep lots, several of which are over 12,000 -
square feet in size, which results in a lower
density neighborhood than can be found elsewhere in
the City; and
2. a historic housing stock which was developed early
in the twentieth century as part of an agricultural
community,
WHEREAS, the City Council finds that roosters are prone
to crowing when exposed to light, and crowing may disturb
those persons residing or working in the neighborhood in which
roosters are maintained,
WHEREAS, the City Council further determines that it is
necessary to establish minimum standards for the maintenance
and keeping of roosters within the single family residentially
zoned portions of the Cultural Resources Overlay District in
order to protect the public health, safety and welfare of
those residing in or working in the neighborhood by mitigating
undesirable effects caused by the maintenance of roosters.
Section 2: Section 4221 of Article 4, Chapter 2, Part II of
the Tustin City Code is hereby amended as follows:
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Ordinance 1090
Page 2
(A) Section 4221 (a) is amended to read as follows:
"(a) It shall be unlawful to keep, maintain,., or cause to
be kept or maintained on any single parcel of
property the following in the City:
(1) More than three (3) dogs or more than three
(3) common house cats, except those under
three (3) months of age, or any combination
thereof.
(2) More than ten (10) birds, fowl, hamsters,
white rats, mice, squirrels, chipmunks,
nonpoisonous snakes, insects or rabbits or any
combination thereof. No crowing type birds or
fowl are authorized with the exception of
roosters which are permitted pursuant to
regulations contained in Subsections (a)(3)
and (b) .
(3) More than one (1) rooster on R-1 (single
family) District lots within the Cultural
Resources Overlay District that are a minimum
of 15,000 square feet in size. The keeping of
roosters is prohibited elsewhere in the City.
(4) More than one (1) beehive or colony. No
occupied beehive shall be closer than one
hundred (10 0 ) feet from any adjacent
residential structure or street or highway.
(5) Any animal, bird, fowl, insect, serpent, or
rodent not permitted under any of the
preceding subsections."
(B) Section 4221(b) is amended to read as follows:
" (b) No bird, fowl or rabbit shall be maintained outside
a residence any closer than fifty ( 50 ) feet from
any neighboring residence. Roosters as authorized
by this Section shall be subject to all regulations
contained in this Subsection as well as more
restrictive regulations contained in Subsection (b)
(3) .
(1) Such poultry and animals shall under no
circumstances be permitted to run at large, but
shall be at all times confined within a suitable
house or coop with an enclosed runway.
(2) Such house or coop runway shall at all times be
maintained in a clean and sanitary condition and
shall at all times be free of offensive odors.
(3) A rooster shall be maintained, a minimum of 100
feet from any dwelling structure, and as close as
possible to the rear property line, in a house or
coop which is fully enclosed with solid
construction material restricting light from
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Ordinance 1090
Page 3
entering the coop roosting area and acting to
dampen or muffle the noise impacts of any crowing.
Any house or coop in which a rooster is maintained
shall also be screened from view of any neighboring
residential property. Screening shall consist of a
fence, hedge or wall and shall be in keeping with
all requirements of the Tustin City Code.
Passed and adopted at a regular meeting of the City Council
held on the 15th day of June, 1992.
LESLIE ANNE PONTIOUS
Mayor
MARY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1090
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the
lty andCouncil of
foregoing
the City of Tustin is five; that the above
Ordinance was duly and regularly introduced at a regular
meeting of the City Council held on the 1st day of June, 1992
and passed and adopted at a regular meeting of the City
Council held on the 15th day of June, 1992, by the following
vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Publish Date: June 4, 1992
Tustin News
MARY E. WYNN, City Clerk