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HomeMy WebLinkAboutOrdinance 3737 - Amending Chapter 7.12 of the Huntington Be n y PROOF OF PUBLICATION STATE OF CALIFORNIA clnroF •HUNTINGTON BEACH ss. ,'LEGALNOTICE - 737 COUNTY OF ORANGE - ORDINANCE h NO. Council .Adopted by the City Council on JUNE 19;2006 1 ,} BEACHH A'MENDING"AN OR OF THE+ I am a Citizen of the United States and a CITY HUNTINGTONI NGJ CHAPTER 7.12 OF THE, resident of the County aforesaid, I am HUNTINGTON BEACH; MUNICIPAL CODE RE-' over the age of eighteen years, and not a LATING TO THE KEEPINGI OF FOWL" party to or interested in the below entitled SYNOPSIS: AT THE CITY COUNCIL matter. I am a principal clerk of the MEETING OF FEBRUARY 6, 2006, COUNCIL DI-' STAFF TO PRE­ HUNTINGTON BEACH INDEPENDENT, PAREE AN ORDINANCEI AMENDING CHAPTERI a newspaper of general circulation, 4 7.12 OF THE HUNTING- TON BEACH MUNICIPAL printed and published in the City of CODE AS IT RELATES TO, THE KEEPING OF, Huntington Beach, County of Orange, CHICKENS AND ' LAR DOMESTIC FOWLOW.L.' THE' ORDINANCE RE-, State of California, and that attached DUCES THE DISTANCE; Notice is a true and complete copy as LIMITATIONS FOR I KEEPING OF THESE ANI-NI-; MALS TO TWENTY-FIVE was printed and published in the SUR- ROUNDING RESIDENCES s• iAND. STRUC,TURES,I Huntington Beach issue of said OTHER THAN THE ANI MAL ' I newspaper to wit the Issue(s) of: RES D ENN CSE 00 R STRUCTURE,, AND � SHALL REQUIRE A PER-; MIT FOR THE KEEPING OF. CHICKENS AND (OTHER .DOMESTIC FOWL. THE AMENDMENT TO ,CHAPTER, 7.12 RE- JDNE 29 2006 !DUCES E JOTAL NUMBER OF CHICKENS SAND OTHER DOMESTIC FOWL PERMITTED UN- DER THE CODE FROM TEN (10) TO SIX (6), BUT WILL ALOW MORE (RESIDENTS TO KEEP ,, THESE ANIMALS, ASS I declare under penalty of penury,that IT H E D I S E N C EI REQUIREMENTS AREA � 7' LESS RESTRICTI VE. COPIES•OF THIS Olt- the foregoing is true and correct. DINANCE. ARE AVAIL-i ABLE , IN THE CITYi CLERK'S OFFICE. PASSED AND ADOPTED( Executed on JUM 29 2W6 by the city council o i i the City,of Huntington Beach at a regular meet- at Costa Mesa, California. Iing held,June 19, 2006 rby the following roll call vote: AYES:Bohr,Hardy,Han-, sen,Cook NOES.Green,'Sullivan ABSENT-Coerper I This ordinance is effec Signature tive 30 days afterl adoption. I CITY OF HUNTINGTON i I BEACH 2000 MAIN STREET 1 HUNTINGTON BEACH,' CA 92648 714-536-5227 JOAN L.FLYNN,CITY CLERlydtington Published H Beach Indepennt Junq 29,2006 /065-41: �ul �jLT Me 6/t/t m RECEIVED Council/Agency Meeting Held: Deferred/Continued to�l�D�7�7� l9 D6 CITY 0,= Approved ElConditio ally Approved ❑ Denied Si lerk' Sign re Hui ' f CH Council Meeting Date: 6/5/06 Department ID Number: CA 06-13 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS SUBMITTED BY: JENNIFER MCGRA AnCity Attorney PREPARED BY: JENNIFER MCGRA4,City Attorney SUBJECT: Adoption of Ordinance No. 3 7'3_'Amending HBMC Chapter 7.12 Relating to the Keeping of Fowl. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: At the City Council meeting of February 6, 2006, Council directed staff to prepare an ordinance amending Chapter 7.12 of the Huntington Beach Municipal Code as it relates to the keeping of chickens and similar domestic fowl. The proposed ordinance shall reduce the distance limitations for the keeping of these animals to twenty-five (25) feet from surrounding residences and structures, other than the animal owner's own residence or structure, and shall require a permit for the keeping of chickens and other domestic fowl. Funding Source: N/A Recommended Action: Approve Ordinance No. Amending Chapter 7.12 of the Huntington Beach Municipal Code Relating to the keeping of fowl. Altemative Action(s): Do not approve Ordinance No.M3__:�_ Analysis: The Huntington Beach Municipal Code, as it relates to the keeping of fowl, was last modified in the 1970's. Currently, Section 1.12.130 allows a person to keep no more than ten (10) chickens or similar domestic fowl. Also, sections 7.12.040 and 7.12.120 set forth distance limitations on where these animals can be kept. The current limitations are: at least fifty (50) feet from the street line, at least twenty (20) feet from the property line, at least fifty (50)feet from the animal owner's residence or structure, and at least one-hundred (100) feet from surrounding residences or structures. These limitations effectively prohibit most residents who wish to keep chickens and similar domestic fowl on their property from doing so, due to lot sizes that cannot accommodate the distance requirements. Also, section 7.12.160 requires a residential animal permit for the keeping of one (1) goose, rabbit, miniature pot-bellied pig, or duck. Not only could this section be interpreted as inconsistent with section 7.12.130, which allows a person to keep no more than ten (10) fowl including geese and ducks, it also does not require a residential permit for the keeping of fowl other than ducks and geese. The amendment to Chapter 7.12 will reduce the total number of chickens and other domestic fowl permitted under the Code from ten (10) to six (6), but will allow more residents to keep these animals, as the distance requirements are less restrictive. Also, the proposed amendment will clarify the number of chickens, geese, ducks, and other domestic fowl that are permitted, and will require a residential permit for the keeping of these animals. Environmental Status: NIA Attachment(s): City Cie s Page Number No. Description 1. Ordinance No.J3f An Ordinance of the City of Huntington Beach Amending Chapter 7.12 of the Huntington Beach Municipal Code Relating to the Keeping of Fowl 2. Legislative Draft of Chapter 7.12 ATTACHMENT NO . 1 ORDINANCE NO. 3 7 3 7 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING.CHAPTER 7.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE KEEPING OF FOWL The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 7.12.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: Section 7.12.040—Keeping Animals Near Inhabited Structures No person shall keep any animal, fowl or bird,wild or domestic,other than dogs,cats,canaries,or birds of the psittacinae family,within twenty-five(25)feet of any dwelling house or structure used as a dwelling, church, school,or hospital,unless such house or structure be occupied by him or it. SECTION 2. Section 7.12.120 of the Huntington Beach Municipal Code is hereby amended to read as follows: Section 7.12.120—Fowl and Rabbits-Keeping Restrictions It is a nuisance and no person shall keep chickens,geese,ducks,turkeys, pheasants,doves,pigeons, squabs or similar domestic fowl or rabbits,owned or controlled by him or it,within twenty-five(25) feet from any dwelling house or structure used as a dwelling,church, school,hospital,or place where food products are kept, stored,manufactured,or served to the public,unless such house or structure be occupied by him or it,or keep any rooster over four(4)months old in the City limits. SECTION 3. Section 7.12.130 of the Huntington Beach Municipal Code is hereby amended to read as follows: Section 7.12.130—Fowl—Number Permitted No person or household shall maintain in or upon any public or private property in the City more than one(1)goose, duck,or turkey;and no more than six(6)in all of chickens,geese,ducks, turkeys, pheasants,doves,pigeons, squabs or similar domestic fowl; except newborn chicks under eight weeks of age. However,not more than twenty-four(24)newborn chicks may be maintained. SECTION 4. Section 7.12.160 of the Huntington Beach Municipal Code is hereby amended to read as follows: Section 7.12.160—Residential Animal Permit (a) A residential animal permit shall be required for the keeping of one goose, rabbit,miniature pot- bellied pig,turkey, or duck,and for the keeping of all chickens, subject to the review and approval of the Director of Planning. "Miniature pot-bellied pig"means any pig weighing not more than 125 pounds that is continuously registered with a nationally recognized miniature pig association. All miniature pot-bellied pigs kept pursuant to a residential animal permit shall by spayed or neutered; proof of sterilization shall be presented to the Director of Planning prior to the issuance of a residential animal permit. 06ord/chap 7.12 l Ordinance No. 3737 (b) At the time the application is made for a residential animal permit,the applicant shall pay a fee established by resolution of the City Council. (c) Premises shall be kept clean and free of all matter that may create odors or attract rodents. (d) The animal shall comply with all applicable sections of Chapter 8.40,Noise Control of the Municipal Code. (e) The Director of Planting may impose conditions of approval in addition to the above. (f) The applicant shall be required to sign an affidavit that he/she understands all of the conditions of approval for the residential animal permit at the time the permit is issued. (g) Any authorized City employee may inspect the premises for which an application has been granted for a residential animal permit. (h) A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit. (i) Prior to issuance of a residential animal permit,notices shall be sent to all abutting property owners and tenants notifying them of the pending application for said permit. SECTION 5. Section 7.12.290 of the Huntington Beach Municipal Code is hereby amended to read as follows: 7.12.290 Enforcement. The Director of Planning and his designees are hereby authorized and directed to enforce the provisions of this chapter. SECTION 6. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19{-h day of J„n P 12006. Mayor ATTEST: INITIATED AND APPROVED AS TO FORM: vVy e�L— City Clerk City Attorney REVIEWED AND APPROVED: City Abmimstrator 06or&chap.7.12 2 Ord. No. 3737 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th day of June, 2006,and was again read to said City Council at a regular meeting thereof held on the 19th day of June, 2006,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Hardy, Hansen, Cook NOES: Green, Sullivan ABSENT: Coerper ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 29,2006 In accordance with the City Charter of said City CU Clerk and ex-officio aerk Joan L. Flynn, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California ATTACHMENT NO . - 2 ORDINANCE NO. LEGISLATIVE DRAFT Chapter 7.12 MISCELLANEOUS ANIMAL CARE AND CONTROL (27-11/09, 66-9/10, 885-2/62, 1279-2/67, 1352-11/67, 1835-5/73,1857-8/73, 1905-4/74, 1910-6/74, 2067-5/76, Urg. 2084-6/76, 2095-9/76,2547-5/82, 2936-4/88, 3169-9/92, 3508-10/01, 3696-3/05) Sections: 7.12.010 Bees 7.12.020 Running at large prohibited 7.12.030 Animal premises kept clean 7.12.035 Killing or maiming of birds 7.12.040 Keeping animals near inhabited structures 7.12.050 Animals prohibited in food-handling premises 7.12.060 Dead--Carcass disposal 7.12,070 Noisy animals 7.12,080 Goats 7.12.090 Horses 7.12.100 Cattle and hogs 7.12.110 Fowl and rabbits--At large 7.12.120 Fowl and rabbits--Keeping restrictions 7.12.130 Fowl--Number permitted 7.12.140 Monkeys and chimpanzees to be secured 1.12.150 Kennels 7.12.160 Residential Animal Permit 7.12.170 Dogs--Number Permitted --Dog Park 7.12.290 Enforcement 7.12.300 Penalty 7.12.010 Bees. No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any hive bees within two hundred (200) feet of any dwelling house of the owner or person in control of such bees. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large. (885-2/62, 1279-2/67, 1905-4/74, Urg 2067-5/76, 2095-9/76) 7.12.020 Runningat t large prohibited. (a) No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat, cat or any animal of a species commonly referred to as wild shall: (1) Permit such animal to run at large in the City; (2) Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park, or other public place; (3) Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the City, without the consent of the owner or occupant of such property, or in such a way as to permit any animal to trespass upon any street or public place or upon any such private property; (4) Permit any of said animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope, or chain of sufficient size, strength, and weight to effectively restrain such animal; or 1egisdrft/mc0712-LD 1 (5) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise. (b) No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, or possession of any elephant, bear, hippopotamus; rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah or any animal of a species commonly referred to as wild or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley, court or other public place or upon any private property other than within the enclosed premises of such person. (1279-2/67, 1352-11/67, 1835-5173, 1905-4/74, 1910-6/74, Urg. 2084-6/76) 7.12.030 Animal premises kept clean. Every person owning or occupying premises where any animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which the animal is kept in a clean and sanitary condition. (885-2/62, 1279-2/67, Urg. 2084-6/76) 7.12.035 Killing or maiming of birds. No person shall intentionally kill or maim a bird within the City of Huntington Beach. This ordinance shall not apply to the following: (3696-3/05) (a) A veterinarian while engaged in practicing veterinary medicine. (3696-3/05) (b) Any person acting to prevent immediate death or injury to a person or domestic animal. (3696-3/05) (c) An official of a state, federal or local agency who, by virtue of this office, has authority to destroy birds. (3696-3/05) (d) Any person acting pursuant to the California Fish and Game Code or regulations adopted by the Fish and Game Commission, and persons issued licenses or permits authorizing the take of birds by the State or Federal Government. This section shall not be construed to allow the discharge of weapons in areas where their use is prohibited. (3696-3/05) 7.12.040 Keeping animals near inhabited structures. No person shall keep any animal, fowl or bird, wild or domestic, other than dogs, cats, canaries, or birds of the psittacinae family, within fi#-(50)twenty- five (25) feet of any' , that when any per-so fimily he shall keep sueh birds a4 lea a— P.I CN dwe ling house or structure used as a dwelling, c urch, ho school, or spi i tal, unless such house or structure be occupied by him or t. (885-2/62, 1279-2/67, 1905-4/74, Urg. 2084-6/76) 7.12.050 Animals prohibited in food-handling premises. No person shall bring any dog, cat or other live animal, or permit any dog, cat or other live animal to be brought into or to remain in any room or place, other than a private home where food is not handled for commercial purposes, in which meat, fish, game, poultry, fruit, vegetables, bakery goods or any other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption; or permit any dog, cat or other live animal to ride upon or get into or upon any wagon, or other vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transported; provided, however, that the provisions of this section shall not apply to a dog trained to guide the blind. (1279-2/67, 1905-4/74, 2095-9/76 Urg. 2084-6/76) 7.12.060 Dead--Carcass disposal. It is declared to be a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it for a period of more than twenty-four(24) hours, or to bury legisdrft/mcO712-1,I) 2 the carcass of any animal upon the premises owned, controlled or occupied by him or it in the City. (885-2/62, 1279-2/67, Urg. 2084-6/76) 7.12.070 Noisy animals. It is a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the City under his control, any animal or animals, including any fowl, which by any sound or cry, shall interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons. (1279-2/67, 1905-4/74, Urg. 2084-6/76) 7.12.080 Goats. (a) It is a nuisance and no person shall keep or maintain any goat within fifty(50)feet of any dwelling house other than that occupied by him or it, or more than two (2) goats within one hundred (100) feet of any dwelling house other than that occupied by him or it, or more than four(4)goats within three hundred (300) feet of any dwelling house other than that occupied by him or it, or more than five (5) goats within one thousand (1000)feet of any dwelling house other than that occupied by him or it. (b) No person shall keep or maintain any male goat exceeding the age of six (6) months within the limits of the City. (885-2/62, 1279-2/67, 1905-4/74, Urg. 2084-6/76) 7.12.090 Horses. (a) It is declared to be a nuisance and no person shall stable or corral any horse or horses within fifty(50)feet of any street line. (b)It is declared to be a nuisance and no person shall stable or corral any horse or mule within fifty(50)feet of any dwelling house other than occupied by him or them, or to stable more than two horses or mules within one hundred(100)feet of any dwelling house other than that occupied by him or them. (c) No person, firm or corporation shall keep or stable any burro or burros, or donkey or donkeys, within one hundred(100)feet of any dwelling house other than that occupied by him or it. (d) Street line. For the purposes of this chapter, "street line" means the nearest edge of any sidewalk and, if there is no sidewalk, the nearest edge of any curb, and if there is no sidewalk or curb, the nearest edge of the improved portion of the public right-of-way. (885-2/62, 1279-2/67, 1352-11/67, 1905-4/74, Urg. 2084-6/76) 7.12.100 Cattle and hogs. It is a nuisance and no person shall keep or maintain in the City cattle or hogs at or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three hundred (300)feet of any school or hospital, or within one hundred(100) feet of any street line, except as otherwise provided in this Chapter. (66-9/10, 885-2/62, 1279-2/67, 1835-5/73, 1905-4/74, Urg. 2084-6/76, 3169-9/92) 7.12.110 Fowl and rabbits--At lame. It is a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits, owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the City. (27-11/09, 885-2/62, 1270-2/67, 1905-4/74, 1835-5/73, Urg. 2084-6/76) 7.12.120 Fowl and rabbits--Keeping restrictions. It is a nuisance and no person shall keep chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar domestic fowl or rabbits, owned or controlled by him or it, within fifty(50)twenty-five feet of from any street imc yr within twenty(20) feet of any pr9pelt ke er within, one hundred ( GO) feet „ any dwelling house or structure used as a dwelling, church, school, hospital or place where food products are kept, stored, manufactured or served to the public, unless such house or structure be legisdrNme0712-LD 3 occupied by him or it, or to keep any rooster over four(4) months V.',in the City limits. (27-11/09, 66-9/10, 885-2/62, 1279-2/67, 1835-5173, 1905-4/74, Urg. 2084-6/76). 7.12.130 Fowl--Number permitted. No person shall beep er maintain in or upon any public or private property in the City more than ten(10)one (1) goose, duck, or turkey; and no more than six (6) in all of chickens, geese, ducks,turkeys, pheasants, doves, pigeons, squabs or similar domestic fowl; except newborn chicks under eight weeks of age. -epree€ However, not more than twenty-four (24) newborn chicks may be maintained. (66-9/10, 885-2/62, 1279-2/67, 1905-4/74, Urg. 2084-6/76) 7.12.140 Monkeys and chimpanzees to be secured. (a) No person owning or having control of any monkey, ape, chimpanzee or other animal of the monkey type, shall permit, allow or suffer such animal to run at large within the City or permit, allow or suffer such animal to be or go upon any street or public place within the City without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person. (b) Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined in an enclosure or when not securely tied or chained. (885-2/62, 1279-2/67, 1352-11/67, 1835-5173, 1857-8/73, 1905-4/74, Urg. 2084-6/76) 7.12.150 Kennels. (a) "Kennel' means any property where four(4) or more dogs, or four(4) or more cats, over the age of four(4) months, are kept or maintained for any purpose, except veterinary clinics and hospitals. (b)No person shall keep or maintain,.or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any kennel within two hundred (200)feet of any dwelling house except the dwelling house of the person in.control.of such kennel. (c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for financial gain shall obtain a business license pursuant to Title 5-'of this code. (1279-2/67, 1905-4174, 2095-9/76) 7.12.160 Residential Animal Permit. (a) A residential animal permit shall be required for the keeping of one goose, rabbit, miniature pot-bellied pig, turkey, or duck, and for the keeping of all chickens, subject to the review and approval of the Director of Planning. "Miniature pot- bellied pig" means any pig weighing not more than 125 pounds that is continuously registered with a nationally recognized miniature pig association. All miniature pot-bellied pigs kept pursuant to a residential animal permit shall be spayed or neutered; proof of sterilization shall be presented to the Director ef Community Development Planning prior to the issuance of a residential animal permit. (2936-4/88, 3169-9/92) (b) At the time the application is made for a residential animal permit, the applicant shall pay a fee established by resolution of the City Council. (2936-4/88) (c) Premises shall be kept clean and free of all matter which may create odors or attract rodents. (2936-4/88) (d) The animal shall comply with all applicable sections of Chapter 8.40, Noise Control of the Municipal Code. (2936-4/88) legisd&1=0712-LD 4 (e) The Director of Gem; .4y Development Planning may imp. , conditions of approval in addition to the above. (2936-4/88) (f) The applicant shall be required to sign an affidavit that he/she understands all of the conditions of approval for the residential animal permit at the time the permit is issued. (2936-4/88) (g) Any authorized City employee may inspect the premises for which an application has been granted for a residential animal permit. (2s3s-4188) (h) A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit. (2936-4/88) (i) Prior to issuance of a residential animal permit, notices shall be sent to all abutting property owners and tenants notifying them of the pending application for said permit. (2936-4/88) 7.12.170 Dogs—Number Permitted—Doi;Park. No person having control of more than three dogs simultaneously shall permit or allow such to be or go upon the area dedicated exclusively by the Huntington Beach Central Park Master Plan for use by dog owners with pets, commonly known as Dog Park. (3508-10/01) 7.12.290 Enforcement. The Cemnmnity Develepmen Director of Planning and his designees are hereby authorized and directed to enforce the provisions of this chapter. (2547-5/82) 7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100). (2095-9/76) legL-cWmcO712-LD 5 RCA ROUTING SH ET INITIATING DEPARTMENT: City Attorney SUBJECT: Ordinance Amending HBMC Chapter 7.12 re the Keeping of Fowl COUNCIL MEETING DATE: RCA ATTACHMENTS STATUS j Ordinance (w/exhibits & legislative draft if applicable) Attached ® v Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney Attached Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney El Certificates of Insurance (Approved b the City Attorne Attached ( pP Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Staff Re ort If applicable Attached P ( Pp ) Not Applicable Commission, Board or Committee Re ort If applicable Attached p ( PP ) Not Applicable ®. Findings/Conditions for Approval and/or Denial Attached Findin 9 pP Not Applicable ® EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWAR ED Administrative Staff Assistant City Administrator (initial) ( ) City Administrator (Initial) ) City Clerk EXPLANATION FOR RETURN OF ITEM: (Below SpaceFor Only) RCA Author: TJ �R CITY OF HUNTINGTON BEACH City Council Interoffice Communication N To: Honorable Mayor and City Council Members From: Gil Coerper, Mayor Pro Tern Date: January 10, 2006 cry 0 Subject: H-ITEM FOR FEBRUARY 6, 2006, CITY COUNCIL MEETING^' ORDINANCE AMENDING CHAPTER 7.12 OF THE HUNT1M&Oa11 .. BEACH MUNICIPAL CODE AS IT RELATES TO THE KEEPfNG OF FOWL AND RABBITS —� STATEMENT OF ISSUE: The Huntington Beach Municipal Code, as it relates to the keeping of fowl and rabbits, was last modified in the 1970's. Currently, the Code allows a person to keep no more than ten chickens or similar domestic fowl. Also, the Code sets forth distance limitations on where the animals can be kept. The limitations are: at least 50 feet from the street line, at least 20 feet from the property line, at least 50 feet from the owner's residence or structure, and within 100 feet of surrounding residences or structures. These limitations effectively prohibit some residents who wish to keep fowl and rabbits on their property from doing so, due to lot sizes that cannot accommodate the distance requirements. am recommending an update of the Municipal Code as it relates to the keeping of these animals. The proposed amendments reduce the number of chickens and other domestic fowl permitted under the Code, but allow more residents to keep them, as the distance limitations are less restrictive. For instance, with these proposed amendments, there would be no limitation of the keeping of fowl and rabbits in the proximity to the owner's residence, so long as it is at least 50 feet from the neighbors' residences. RECOMMENDED ACTION: Direct City Attorney to draft ordinances amending Chapter 7.12 as follows: Section 7.12.120 — Keeping of Fowl and Rabbits It is a nuisance for a person to keep chickens and similar domestic fowl or rabbits within fifty (50) feet from any dwelling house or structure, other than one that he or she occupies, or to keep any rooster over four (4) months old in the City limits. Section 7.12.130 — Fowl — Number Permitted No person is permitted to keep in the City more than four (4) in all of chickens, or similar domestic fowl, except newborn under eight (8) weeks of age. However, not more than twenty- four (24) chickens may be maintained. xc Penny Culbreth-Graft, City Administrator Paul Emery, Deputy City Administrator Bob Hall, Deputy City Administrator Joan Flynn, City Clerk Jennifer McGrath, City Attorney (12) February 6, 2006 -Council/Agency Agenda - Page 12 2. After City Clerk reads by title, Approve for Introduction Ordinance No. 3726 by roll call vote - "An Ordinance of the City of Huntington Beach Amending Specific Plan 4 (Huntington Harbour Bay Club Specific Plan) By Adding City Council Notification to Section 3.7— Specific Plan Amendments (Zoning Text Amendment No. 05-03.)" 3. Adopt Resolution No. 2006-3 — "A Resolution of the City Council of the City of Huntington Beach, California, Adopting Local Coastal Program Amendment No. 05-01 (Zoning Text Amendment No. 05-03) And Requesting Its Certification By The California Coastal Commission." 4. After City Clerk reads by title, Approve for Introduction Ordinance No. 3727 by roll call vote - "An Ordinance of the City of Huntington Beach Amending Specific Plan 11 (McDonnell Centre Business Park Specific Plan) By Adding City Council Notification to Sections 3.0—Administration, 3.4— Parcel Maps and 3.5— Site Plan Review(Zoning Text Amendment No. 05-03.)" Approved 6-1 (Hansen— No) PLEASE NOTE POSTPONEMENT TO A DATE UNCERTAIN the Introduction of Ordinance No. 3728 Amending Specific Plan 13 (The Crossings at Huntington Beach) per City Council action on January 17, 2006, which requires staff to prepare a legal description and specify "Phase II." H-1a. Submitted By Mayor Pro Tern Gil Coerper (City Council) Direct City Attorney to Draft Ordinance Amending Chapter 7.12 of the Huntington Beach Municipal Code as it Relates to the Keeping of Fowl and Rabbits (120.90) Communication from Mayor Pro Tern Gil Coerper transmitting the following Statement of Issue: The Huntington Beach Municipal Code, as it relates to the keeping of fowl and rabbits, was last modified in the 1970's. Currently, the Code allows a person to keep no more than ten chickens or similar domestic fowl. Also, the Code sets forth distance limitations on where the animals can be kept. The limitations are: at least 50 feet from the street line, at least 20 feet from the property line, at least 50 feet from the owner's residence or structure, and within 100 feet of surrounding residences or structures. These limitations effectively prohibit some residents who wish to keep fowl and rabbits on their property from doing so, due to lot sizes that cannot accommodate the distance requirements. I am recommending an update of the Municipal Code as it relates to the keeping of these animals. The proposed amendments reduce the number of chickens and other domestic fowl permitted under the Code, but allow more residents to keep them, as the distance (13) February 6, 2006 -Council/Agency Agenda - Page 13 limitations are less restrictive. For instance, with these proposed amendments, there would be no limitation of the keeping of fowl and rabbits in the proximity to the owner's residence, so long as it is at least 50 feet from the neighbors' residences. Recommended Action: Motion to: Direct City Attorney to draft ordinance amending Chapter 7.12 as follows: Section 7.12.120— Keeping of Fowl and Rabbits It is a nuisance for a person to keep chickens and similar domestic fowl or rabbits within fifty (50) feet from any dwelling house or structure, other than one that he or she occupies, or to keep any rooster over four (4) months old in the City limits. Section 7.12.130 — Fowl — Number Permitted No person is permitted to keep in the City more than four (4) in all of chickens,.or similar domestic fowl, except newborn under eight (8) weeks of age. However, not more than twenty-four(24) chickens may be maintained. Approved as amended to increase number of chickens from four(4) to six(6) in Section 7.12.130 and to decrease the distance from fifty(50) feet to twenty-five (25) feet in Section 7.12.120. Animals are required to be permitted, and distance subject to modification upon staff review 6-1 (Green— No) H-2a. Submitted By Councilmember Green (City Council) Direct Staff to Prepare An Interim Ordinance and Give Public Notice Consistent With the Government Code Providing for a Limited Moratorium on Demolition Permits In and Around The Wesley Park Tract (120.90) Communication from Councilmember Green transmitting the following Statement of Issue: On December 19, 2005, the City Council directed staff to conduct neighborhood meetings and prepare a neighborhood conservation overlay for the area in and around the Wesley Park tract. The homeowners in this area have voiced concern regarding demolition of existing homes, which ultimately would lead to construction of new homes, that may be inconsistent with future standards of the neighborhood conservation overlay. Recommended Action: Motion to: Direct staff to prepare an interim ordinance and give public notice consistent with the government code, which would provide for a moratorium on demolition permits for 45 days in the area depicted on the attached exhibit. Extensive Council discussion. Approved 6-0-1 (Bohr abstain) Council Comments -(Not Agendized) Page I of I Esparza, Patty From: Dapkus, Pat Sent: Monday, February 06, 2006 9:14 AM To: Esparza, Patty Cc: Flynn, Joan Subject: FW: H Item on Chickens for TODAY's meeting -----Original Message----- From: Karima Khatib [mailto:kkhatib@socal.rr.com] Sent: Saturday, February 04, 2006 9:49 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus; Cathy Fikes Subject: Fw: H Item on Chickens for TODAY's meeting Dear Council Members, I want to thank Mayor Pro Tern Coerper for putting the issue of chickens as an H item for the Meeting on Monday. I am sorry I missed your call on Friday. I was meeting with Councilman Hansen at that time. would really like it if we could say 6 chickens and not 4. And actually, our lot is about 50-60 feet across. So there is nowhere I can locate a chicken which is 50 feet from a neighbor. If you could reduce that to 20-25 feet I may be able to accomplish it. And this distance would not give rise to mini farms in the city because you just can't fit much in a space which must be 20-25 feet from any neighbor's dwelling. So I propose the following: Section 7.12.120 - Keeping of Fowl and Rabbits It is a nuisance for a person to keep chickens and similar domestic fowl or rabbits within twentyA201 feet from any dwelling house or structure, other than one that he or she occupies, or to keep any rooster over four(4) months old in the City limits. Section 7.12.130 -Fowl -Number Permitted No person is permitted to keep in the City more than 6 six in all of chickens, or similar domestic fowl, except newborn under eight(8)weeks of age. However, not more than twenty-four(24) chickens may be maintained. Thank you very much for getting this put on the agenda. I plan to be there to speak at the public forum at beginning of the session. Best regards, Karima Khatib 2/6/2006 To: Huntington Beach City Council From: Concerned residents of Huntington Beach Date: February 4,2006 RE: Proposed change to ordinance Chapter 7.12—Keeping of fowl and rabbits We are concerned residents of Huntington Beach who would like to express our opposition to the proposed change to the city ordinance, Chapter 7.12. We have a neighbor who is raising chickens in the backyard, which is now prohibited under the present ordinance. We have called to complain about the presence of such animals in our neighborhood and to seek enforcement of the present city ordinance. We believe the presence of fowl in a nice neighborhood of tract homes in Huntington Beach creates a detrimental effect on the area. The noise,the excess flies, and the degrading of property value are of concern to us. The idea that the city council would consider altering the ordinance to make it possible for more people living in nice residential neighborhoods in the city to have wild animals, like chickens, seems especially inappropriate with the growing concern over the avian flu threat. We believe the present ordinance is appropriate and just in order to maintain the quality of our neighborhoods. People who wish to keep these types of animals should live in more rural areas where there is more space between neighbors. Reducing the distance to 50 feet in residential tract homes is too close and would impinge on the privacy and rights of neighboring homes. We urge you to keep the present ordinance and to vote no on the new proposed changes. Cc: City Clerk, Joan Flynn �. C . C � w rVI Crt _ /li,7 xCil