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HomeMy WebLinkAboutORD 1090 (1992) 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 422~ of Article 4, Chapter 2, Part II of the Tustin City ~ode is hereby amended as follows: ] Ordinance 1090 Page 2 3 4 (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 8 (3) common house cats, except those under three (3) months of age, or any combination 9 thereof. (2) More than ten (10) birds, fowl, hamsters, ]0 white rats, mice, squirrels, chipmunks, nonpoisonous snakes, insects or rabbitsor any ]] combination thereof. No crowing type birds or fowl are authorized with the exception of ]2 roosters' which are permitted pursuant to .regulations contained in Subsections (a)(3) ~3 and (b). · (3) More than one (1) rooster on R-1 (single ]4 family) District lots within the Cultural Resources Overlay District that are a minimum ]5 of 15,000 square feet, in size. The keeping of roosters is prohibited elsewhere in the City. ]6 (4) More than one (1) beehive or colony. No occupied beehive shall be closer khan one ~7 hundred (100) feet from any adjacent residential structure or street or highway. ]8 (5.) .Any animal, bird, fowl, insect, serpent, or rodent not permitted under any of the ~9~ preceding subsections." 20 (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 25 circumstances be permitted to run at large, but shall. be at all times confined within a suitable 26 house or coop with an enclosed runway. (2) Such house or coop runway shall at all times be 27 maintained i~'a clean and sanitary condition and shall at all ~imes be free of offensive odors. 28 (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 Ordinance 1090 Page 3 entering the coop roosting area from sunset to sunrise 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 6th day of July, 1992. AN E PONTIOUS Mayor 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/~ day. Of June~ ~992 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: Pontious, Ports, Puckerr, Saltarelli, Thomas COUNCILPERSONS NOES: None COUNCILPERSONS ABSTAINED:None COUNCILPERSONS ABSENT: None .... "~~ MARY E. ,YNN Ciy~~Clerk Publish Date: Tustin News