HomeMy WebLinkAboutORD INTRO 1 ROOSTERS 06-01-92ORDINANCE FOR INTRODUCTION NO.
6-1-92
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'ATE: JUNE 1, 1992 Inter -Com ��S T��
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ORDINANCE NO. 1090 - ROOSTERS
RECOMMENDATION
It is recommended that the City Council, by Minute Motion, waive
the first reading of Ordinance 1090 and introduce Ordinance 1090 by
title only.
The Tustin City Council at a regular meeting on May 4, 1992,
directed staff to prepare an amendment to the Tustin City Code to
permit the maintenance and keeping of roosters within the single
family residential portions of "Old Town" Tustin subject to certain
-- specific development standards as reviewed by the Planning
Commission and City Council as follows:
1. no more than one (1) rooster would be permitted per single
family residential lot;
2. the minimum lot size on which a rooster may be kept would
be 15,000 square feet;
3. roosters would be maintained in a house or a coop of solid
construction which would restrict light from entering the
coop, and muffle noise impacts of any crowing;
4. the minimum distance which a rooster house or coop may be
maintained from any dwelling structure would be 100 feet;
5. and any house or coop in which a rooster would be
maintained must be screened with a fence, hedge or wall
from any neighboring residential property.
The above development standards have been included in Ordinance
1090 amending Section 4221 of the Tustin City Code which is
attached. The existing Tustin City Code Section 4221 is also
attached for information (Exhibit A).
City Council Report
Ordinance No. 1090 - Roosters
June 1, 1992
Page 2
As also requested by the City Council on May 4th, staff will re-
agendize this item at the December 7, 1992 meeting of the City
Council to monitor any further crowing complaints.
*14:�
Becky Stone Christine A. Shing ton
Assistant Planner Assistant City Manager
BCS:kd/rooster2
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 4, 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 minimumi
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 (100) 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, in a house or
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Ordinance 1090
Page 3
coop which is fully enclosed with solid
construction material restricting light from
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 City Council of
the City of Tustin is five; that the above and foregoing
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 6th day of July, 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
TUSTIN CITY CODE
ANIMALS AND FOWL
PART 11 GENERAL REGULATION'S
4221 GENERAL PROHIBITIONS
4221
(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, ex-
cept those under three (3) months of age, or any combination there-
of.
(2) More than ten (10) birds, fowl, hamsters, white rats, mice, squirrels,
chipmunks, nonpoisonous snakes, insects, or rabbits or any combina-
tions thereof. No roosters or crowing -type birds or fowl are author-
ized.
(3) Any animal, bird, .fowl, insect, serpent, or rodent not permitted under
any of the preceding subsections.
(4) More than one (1) beehive or colony. No occupied beehive shall be
closer than one hundred (100) feet from any adjacent residential
structure or street or highway.
(b) No bird, fowl, or rabbit shall be maintained.outside a residence any
closer than fifty (50) feet from any neighboring residence.
(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.
(c) It shall be unlawful to keep animals or fowl for commercial purposes
in any residential zone other than the R A District or authorized Planned
Community District (PC).
(d) This Section shall not prohibit the keeping of animals in authorized
pet shops and 'kennels. (Ord. No. 826, Sec. 1, 5-19-80)
4222 PERMIT REQUIRED FOR LIVESTOCK
It shall be unlawful to keep any equine, bovine, swine, sheep or goat within the
corporate city limits, except in the R -A District and, where authorized by de-
velopment guidelines, PC Districts. A use permit shall be required for the
keeping of such animals within these districts. (Ord. No. 826, Sec. 1, 5-19-80)
4223 WILD ANIMALS
(a) Wild animals .3efined. The term "wild animal" means and includes any
animal, reptile, fowl, or fish which is not naturally tame or gentle but is of a
wild nature or disposition or which is known to be vicious and or dangerous to
the health or safety of people who might come in contact with it, and which must
be kept in confinement to be brought within the immediate power of the owner.
(b) Wild animals not permitted in the City; exceptions: It is unlawful
for any person to keep and maintain any wild animal within the City. This
section shall not prohibit the keeping of:
(1) Wild animals in a bona fide zoo;
REV: 1-82 HS -2-6
Exhibit A