Planning Commission Staff Report Planning Commission Hearing on December 3, 2015 Page 2 of 6 Planning Commission Staff Report Planning Commission Hear

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1 leroy smith 'LEROY ILEROY SMITH COUNTY COUNSEL COUNTY COUNSEL MICHAEL G. WALKER CHIEF ASSISTANT MICHAEL G. WALKER CHIEF ASSISTANT ALBERTO BOADA PRINCIPAL ASSISTANT ALBERTO BOADA PRINCIPAL ASSISTANT COUNTY COUNSEL COUNTY COUNSEL COUNTY GOVERNMENT CENTER 800 SOUTH VICTORIA AVENUE, UC #1830 VENTURA, CALIFORNIA PHONE NO. (805) FAX NO. (805) COUNTY GOVERNMENT CENTER 800 SOUTH VICTORIA AVENUE, L/C #1830 VENTURA, CALIFORNIA PHONE NO. (805) FAX NO. (805) ASSISTANTS Linda K. Ash Roberto R. Oreliana Jeffrey E. Barnes John E. Polich Polkh Charmaine Buehner Buettner Marina Porche Mitchell B. Davis Joseph J. Randazzo Emily T. Gardner Jaclyn Smith Alison L. Harris Matthew A. A Smith Cynthia Krause Linda L. Stevenson Ronda McKaig Thomas W. Temple Ilene F. Mickens Eric Watts Waits Lori A. Nemiroff Anthony A. Zepeda Linda K. Ash Jeffrey E. Barnes Charmaine Buehner Mitchell B. Davis Emily T. Gardner Alison L. Harris Cynthia Krause Ronda McKaig Ilene F. Mickens Lori A. NemirofF ASSISTANTS Roberto R. Orellana John E. Polich Marina Porche Joseph J. Randazzo Jaclyn Smith Matthew A. Smith Linda L. Stevenson Thomas W. Temple Eric Walts Anthony A. Zepeda Ventura County Planning Commission 800 South Victoria Avenue Ventura CA Ventura County Planning Commission 800 South Victoria Avenue Ventura CA RE: Planning Commission Staff Report-Hearing on December 3, 2015 RE: Planning Commission Staff Report-Hearing on December 3, 2015 Board of Supervisors-Initiated Ordinance of the County ofventura Regarding the Board of Supervisors-Initiated Ordinance of the County of Ventura Regarding the Keeping of Roosters; Exemptions from the California Environmental Quality Act; Findings Regarding Public Health, Safety and General Welfare, General Plan Consistency, and Good Zoning Practice Keeping of Roosters; Exemptions from the California Environmental Quality Act; Findings Regarding Public Health, Safety and General Welfare, General Plan Consistency, and Good Zoning Practice A. PROJECT INFORMATION A. PROJECT INFORMATION 1. Applicant: County Counsel, County of Ventura, 800 South Victoria Avenue, 1. Applicant: County Counsel, County of Ventura, 800 South Victoria Avenue, Ventura, California 93009, on behalf of the Board of Supervisors of Ventura County. Ventura, California 93009, on behalf ofthe Board of Supervisors of Ventura County. 2. Project Location: The unincorporated area of Ventura County. 2. Project Location: The unincorporated area of Ventura County. 3. Request: In furtherance of the direction of the Board of Supervisors, the Ventura 3. Request: In In furtherance of of the direction of the Board of Supervisors, the Ventura County Counsel requests that your Commission review this staff report and its attachments and recommend that the Board of Supervisors adopt the County Counsel's recommendations stated on pages 5 and 6 below, including adoption of the proposed ordinance regarding rooster keeping in Exhibit 3. County Counsel requests that your Commission review this staff report and its attachments and recommend that the Board of Supervisors adopt the County Counsel's recommendations stated on pages 5 and 6 below, including adoption of the proposed ordinance regarding rooster keeping in Exhibit Review/Decision-Making Authority: The proposed ordinance will not amend any 4. Review/Decision-Making Authority: The proposed ordinance will not amend any provisions of the Non-Coastal or Coastal Zoning Ordinances (NCZO and CZO; div. 8, chs. 1 and 1.1 of the Ventura County Ordinance Code). But because the proposed ordinance will override and supersede certain existing provisions of the NCZO and CZO related to to animal keeping for roosters only, it is legally required for the Commission to review, consider and make recommendations to the Board of Supervisors regarding the proposed ordinance. The Commission's review of the proposed ordinance is procedurally the same as its review of a zoning ordinance text provisions of the Non-Coastal or Coastal Zoning Ordinances (NCZO and CZO; div. 8, chs. 1 and 1.1 of the Ventura County Ordinance Code). But because the proposed ordinance will override and supersede certain existing provisions of the NCZO and CZO related to animal keeping for roosters only, it is legally required for the Commission to review, consider and make recommendations to the Board of Supervisors regarding the proposed ordinance. The Commission's review of the proposed ordinance is procedurally the same as its review of a zoning ordinance text 1

2 Planning Commission Staff Report Planning Commission Hearing on December 3, 2015 Page 2 of 6 Planning Commission Staff Report Planning Commission Hearing on December 3, 2015 Page 2 of 6 amendment (i.e., review, and conduct a public hearing on, the proposed ordinance; consider the staff report and public testimony; and make a recommendation to the Board of Supervisors regarding whether or not it should adopt the proposed ordinance). The Board of Supervisors will then consider your Commission's recommendations and decide whether to adopt, not adopt or adopt with modifications the proposed ordinance regarding rooster keeping. amendment (i.e., review, and conduct a public hearing on, the proposed ordinance; consider the staff report and public testimony; and make a recommendation to the Board of Supervisors regarding whether or not it should adopt the proposed ordinance). The Board of Supervisors will then consider your Commission's recommendations and decide whether to adopt, not adopt or adopt with modifications the proposed ordinance regarding rooster keeping. 5. Background: On July 21, 2015, Supervisor Foy placed an item on the Board of 5. Background: On July 21, 2015, Supervisor Foy placed an item on the Board of Supervisors' agenda recommending that an ordinance limiting rooster keeping, similar to an ordinance adopted by Solano County in 2011, be prepared for consideration for adoption by the Board of Supervisors in the near future. Representatives of the Ventura County Sheriff's Sheriffs Office, Animal Services Department, Resource Management Agency Code Compliance Division and a member of the public, Kim Ramseyer, spoke in favor of the adoption of such an ordinance. The testimony before the Board of Supervisors focused on the nuisance effects of the keeping of large numbers of roosters, including noise, odor, and the criminal activity of rooster fighting. Speakers indicated that the adoption of such an ordinance would limit the supply of roosters for rooster fighting and be a valuable enforcement tool for law enforcement in preventing rooster fighting and its related problems, which include animal cruelty, illegal gambling and illegal alcohol and drug use. The Board of Supervisors' agenda information and action are attached as Exhibit 2. The Board of Supervisors' consideration of the item (Item #20) on July 21, 2015, may be viewed at: id=&clip id=4028&meta id= Supervisors' agenda recommending that an ordinance limiting rooster keeping, similar to an ordinance adopted by Solano County in 2011, be prepared for consideration for adoption by the Board of Supervisors in the near future. Representatives of the Ventura County Sheriff's Office, Animal Services Department, Resource Management Agency Code Compliance Division and a member of the public, Kim Ramseyer, spoke in favor of the adoption of such an ordinance. The testimony before the Board of Supervisors focused on the nuisance effects of the keeping of large numbers of roosters, including noise, odor, and the criminal activity of rooster fighting. Speakers indicated that the adoption of such an ordinance would limit the supply of roosters for rooster fighting and be a valuable enforcement tool for law enforcement in preventing rooster fighting and its related problems, which include animal cruelty, illegal gambling and illegal alcohol and drug use. The Board of Supervisors' agenda information and action are attached as Exhibit 2. The Board of Supervisors' consideration of the item (Item #20) on July 21, 2015, may be viewed at: id=&clip id=4028&meta id= At the conclusion of the item, the Board directed the County Counsel and County At the conclusion of the item, the Board directed the County Counsel and County staff to prepare an ordinance similar to Solano County's ordinance' for the Board of Supervisors' consideration in the near future. staff to prepare an ordinance similar to Solano County's ordinance1 for the Board of Supervisors' consideration in the near future. 6. The Proposed Ventura County Ordinance: The proposed ordinance is attached 6. The Proposed Ventura County Ordinance: The proposed ordinance is attached as Exhibit 3. It would add a new article 9 containing regulations regarding the keeping of roosters to chapter 4, Animals, of division 4, Public Health, of the Ventura County Ordinance Code. The proposed ordinance is modeled after the ordinance adopted by Solano County in 2011 and was prepared with the assistance of the Sheriff's Office, Animal Services Department, the Resource Management Agency (Planning and Code Compliance Divisions), the Agricultural Commissioner, and the District Attorney's Office. The ordinance is essentially a nuisance prevention ordinance as demonstrated in section 1 (Findings) of the ordinance. The ordinance is aimed at eliminating the public harm, including noise and odors, associated with as Exhibit 3. It would add a new article 9 containing regulations regarding the keeping of roosters to chapter 4, Animals, of division 4, Public Health, of the Ventura County Ordinance Code. The proposed ordinance is modeled after the ordinance adopted by Solano County in 2011 and was prepared with the assistance of the Sheriff's Office, Animal Services Department, the Resource Management Agency (Planning and Code Compliance Divisions), the Agricultural Commissioner, and the District Attorney's Office. The ordinance is essentially a nuisance prevention ordinance as demonstrated in section 1 (Findings) of the ordinance. The ordinance is aimed at eliminating the public harm, including noise and odors, associated with 1 The actions of Solano County may be viewed at: ' The actions of Solano County may be viewed at: and searching "roosters." and searching "roosters." 2

3 Planning Commission Staff Report Planning Commission Hearing on December 3, 2015 Page 3 of 6 the keeping of roosters in large numbers, and is directed at crime prevention by eliminating the supply of roosters for the crime of cock fighting.2 The proposed ordinance would limit the number of of roosters per parcel in the unincorporated area to four roosters. This limitation would override some of the existing provisions of division 8, chapters 1 and 1.1 of the Ventura County Ordinance Code (NCZO and CZO) which currently allow an unlimited number of roosters on parcels greater than 10 acres and up to 10 roosters on many smaller lots (Ventura County Ordinance Code, and ). The proposed ordinance requires compliance with the rooster limit within six months of adoption. This provision will override the existing provisions of division 8, chapters 1 and 1.1 of the Ventura County Ordinance Code (NCZO and CZO) which currently allow a threeyear grace period for some types of animal use nonconformities, plus extensions (Ventura County Ordinance Code, and ). These overrides only as to roosters are accomplished by the language in section 2 of the ordinance: "Notwithstanding any other provision of the Ventura County Ordinance Code..." The four-rooster limit would not apply to commercial poultry ranches producing eggs or meat for sale, public or private schools, or nonprofit humane organization animal facilities, or to County facilities. The four-rooster limit would also not apply to FFA projects, 4-H projects or legitimate poultry hobbyists, provided that those persons conducting such activities receive written approval from the Agricultural Commissioner. The Agricultural Commissioner is authorized and directed to adopt regulations and standards governing these written approvals. The ordinance also includes definitions of terms, additional standards for rooster keeping (no tethering; clean and sanitary premises providing shelter from the elements) and a 40-foot setback consistent with the NCZO and CZO. Violations of the ordinance are misdemeanor/infractions enforceable under existing provisions of the Ventura County Ordinance Code. B. CALIFORNIA ENVIRONMETAL QUALITY ACT COMPLIANCE AND FINDINGS The proposed ordinance would place a a four-rooster limit on parcels in the unincorporated area of Ventura County (Exhibit 3), as described above, and constitutes a "project" as defined by the California Environmental Quality Act (CEQA). (Public Resources Code, et seq.) CEQA Guideline Section 15061(b)(3) states: 2 Cock fighting is a crime in California under Penal Code section 597b. 3

4 Planning Commission Staff Report Planning Commission Hearing on December 3, 2015 Page 4 of 6 (b) A project is exempt from CEQA if. if: (3) The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certaintythat that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed ordinance will have only positive effects on the environment due to the reduction of noise, odor and criminal activity, the adoption of the ordinance will not result in any adverse physical changes to the environment and there is no potential for the ordinance to cause a significant effect on the environment. Therefore, pursuant to to CEQA Guideline section 15061(b)(3), the proposed ordinance is exempt from CEQA. Additionally, CEQA Guideline sections and categorically exempt from CEQA actions by regulatory agencies to protect natural resources and the environment. The proposed ordinance protects agricultural resources and reduces noise and odors and thus falls within the scope of these exemptions. No exceptions to these exemptions are present. C. FINDINGS FOR ORDINANCE ADOPTION AND SUPPORTING EVIDENCE The Board of Supervisors may under the County's police power (California Constitution, art. 11, 7) adopt ordinances in furtherance of the public health, safety and general welfare, including ordinances to to prevent nuisances. Based on the testimony before the Board of Supervisors on July 21, 2015, regarding noise, odors, and criminal activity associated with the keeping of large numbers of roosters, the adoption of the proposed ordinance would clearly promote the public health, safety and general welfare of the citizens of Ventura County by by eliminating nuisance conditions associated with rooster keeping in in large numbers and by reducing criminal activity. This is is reflected in in the Findings in section 1 of the proposed ordinance. Additionally, neither the Ventura County General Plan nor the County's zoning ordinances contemplate the allowance of nuisances and crimes. Therefore, the proposed ordinance is also consistent with the General Plan and good zoning practice. There are no other required statutory or ordinance findings necessary for the adoption of this ordinance. D. FUTURE ACTIONS If this ordinance is adopted by the Board of Supervisors, the rooster limits will not take effect until six months thereafter. It is anticipated that during that time frame the Agricultural Commissioner will promulgate regulations and standards regarding the Agricultural Commissioner will promulgate regulations and standards regarding the 4

5 Planning Commission Staff Report Planning Commission Hearing on December 3, 2015 Page 5 of 6 Agricultural Commissioner's written approval of keeping more than four roosters by FFA projects, 4-H projects, and legitimate poultry hobbyists. Also, ifthe ordinance is adopted, the Planning Division intends to follow the Board of Supervisors' action, as soon as resources allow, with corresponding amendments to the animal keeping provisions of of the NCZO and CZO as to the keeping of roosters. While this is not legally required for the adoption or enforcement of the proposed ordinance, the Planning Division believes this is is a good planning practice. The County Counsel's office will assist the Planning Division with these follow-up amendments. A recommendation by by the Planning Commission to to the Board of Supervisors which directs the the Planning Division to to do do so so is included in the recommended actions. E. RECOMMENDED ACTIONS 1. CERTIFY that your Commission has reviewed and considered this staff report and all exhibits hereto and has considered all comments received during the public comment process; and 2. ADOPT a resolution recommending that the Board of Supervisors take the following actions related to the proposed rooster keeping ordinance (Exhibit 3): a. CERTIFY that your Board has reviewed and considered the Board letter, the Planning Commission staff report and all exhibits thereto and has considered all comments received during the public comment process; b. FIND on the basis of the entire record and as set forth in section B of the Planning Commission staff report that the proposed ordinance is: 1) exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3); and 2) categorically exempt from CEQA pursuant to CEQA Guidelines sections and 15308; c. FIND, based on the substantial evidence set forth in Sections A, B, C and D of the Planning Commission staff report, the public testimony received and the entire record, that the adoption of the proposed ordinance regarding the keeping of roosters is consistent with the Ventura County General Plan and good zoning practice and is in the interest of public health, safety and general welfare; d. ADOPTthe proposed ordinance regarding the keeping of roosters (Exhibit 3); e. DIRECT the Planning Division of the Resource Management Agency to e. DIRECT the Planning Division of the Resource Management Agency to undertake corresponding amendments to to the NCZO and CZO regarding the keeping of roosters as soon as resources allow; and 5

6 Planning Commission Staff Report Planning Commission Hearing on December 3, 2015 Page 6 of 6 f. SPECIFY the Clerk of the Board of Supervisors at 800 S. Victoria Avenue, Ventura, CA as the custodian and location of the documents and materials that constitute the record of proceedings upon which this decision is based. The Board of Supervisors hearing to consider the proposed ordinance will be scheduled following adoption of your Commission's resolution containing its recommendation on the ordinance. If you have any questions concerning the information presented above, please contact Claudia Nevarez at (805) or via at claudia.nevarez@ventura.org. ^ Prepared by: '1 Leroy Smith / / County Counsel County of Ventura 1 /-naic^v EXHIBITS Exhibit 1- Reserved Exhibit 2- Board Transmittal and Minutes of July 21, 2015 Exhibit 3- Proposed Ordinance Regarding the Keeping of Roosters 6

7 BOARD MINUTES BOARD OF SUPERVISORS, COUNTY OF VENTURA, STATE OF CALIFORNIA SUPERVISORS STEVE BENNETT, LINDA PARKS, KATHY I. LONG, PETER C. FOY AND JOHN ZARAGOZA July 21, 2015 at 10:00 a.m. Recommendation to Direct County Staff to Draft an Ordinance Limiting the Number of Roosters That Can Be Raised on a Single Parcel. (Supervisor Foy) (X) All Board members are present. (X) The following persons are heard: Greq Cadman, Elizabeth Cameron, Donna Gillespie, Henry Gonzales, and Kim Ramsever. (X) Upon motion of Supervisor Foy, seconded by Supervisor Parks, and duly carried, the Board hereby approves staff recommendations as stated in the Board letter. By: Brian Palmer Chief Deputy Clerk of the Board County of Ventura Planning Commission Hearing Ordinance Keeping of Roosters Exhibit 2 Board Transmittal and Minutes of July 21, Item # 20 7/21/ /15

8 SUPERVISOR PETER C. FOY FOURTH DISTRICT (805) (805) INTERNAL MAIL: MAIL! L#5910 Supervisor.FoyOventura.org BOARD OF SUPERVISORS COUNTY OF VENTURA 980 Enchanted Way, Suite 203 SIMI VALLEY, CALIFORNIA MEMBERS OF THE BOARD STEVE BENNETT LINDA PARKS KATHY I. LONG JOHN C. ZARAGOZA July 21, 2015 Board of Supervisors County of Ventura 800 South Victoria Avenue Ventura, CA SUBJECT: DIRECT COUNTY STAFF TO DRAFT AN ORDINANCE TO LIMIT THE AMOUNT OF ROOSTERS THAT CAN BE RAISED ON A PARCEL RECOMMENDATIONS: 1. Direct County staff to draft a rooster ordinance limiting the amount of roosters that are allowed on a parcel similar to the one adopted in Solano County for potential adoption in the unincorporated area of Ventura County. FISCAL IMPACTS: Minimal Staff Time DISCUSSION For years Ventura County Sherriff, Animal Services and Code Enforcement Personnel have observed a large number of locations where they, suspect fighting roosters are being raised. Under our current policies, a parcel a is riot isnotlirnited to to the the amount of roosters that can be raised. The adoption of this proposed ordinance will give our Sheriff Deputies, Animal SerVice officers and Code Enforcement staff the ability to put an end to the raising of fighting roosters in our County. County staff has responded to numerous calls regarding large rooster farms in the unincorporated area. The noise and smells can create a public nuisance. This issue was brought to my attention by a constituent living in the Home Acres area. The farm in question has close to 600 roosters being' raised. After speaking with Agricultural Commissioner Henry Gonzales, I was informed that no poultry farm would require this amount of roosters. Rooster fighting has been a constant issue for our Sheriff's Department and Animal Services. These fights bring gambling, drug use and violence to our community. la) RdC/C1Cd RELjICINI Pnrmar P:44.1" 8

9 Board of Supervisors July 21, 2015 Page 2 Recently, the Sheriff's Department raided a rooster fight and arrested two men and one teen. They found 47 live roosters and 1 dead one. This ordinance will give our Sheriff's Deputies one more tool to put an end to this illegal behavior. This new policy is not meant to punish those who raise roosters for 4-H, FFA, or for Hobbyist or Businesses that raise roosters for sale. These cases would be approved on a case by case bases by our Agricultural Commissioner's Office. Adoption of this ordinance will give us the help we need to respond appropriately to rooster complaints. I ask that the Board support directing County Counsel and staff to draft an ordinance, similar to the one used in Solano County, to be presented and discussed at a later Board meeting for adoption. Thank you for your support, Peter C. Foy Supervisor, Fourth. District Attachment 1: Solana County Rooster Ordinance 9

10 Ordinance No AN ORDINANCE RELATING TO THE KEEPING OF ROOSTERS The Solana County Board of Supervisors ordains as follows: Section 1. Chapter 4.1, sections through 4.140, is added to the Solano County Code to read as follows: Purpose. The intent of this chapter is to limit the number of roosters that may be kept on a single parcel, to eliminate the potential for a public nuisance, illegal cockfighting and the raising of birds to be used for cockfighting and for the protection of the health and safety of the residents of Solano County Definitions. The following terms are defined for purposes of this chapter; chapter: (a) Rooster means any male chicken who is: (1) Six months or older; or (2) Has full adult plumage; or (3) Capable of crowing. (b) Law enforcement officer means the Sheriff or any person authorized to act on his or her behalf in the enforcement of this chapter. (c) Public officer means the Agricultural Commissioner or any person authorized to act on his or her behalf in the enforcement of this chapter and the Animal Care Manager or any person authorized to act on behalf of Animal Care Services in the enforcement of this chapter Rooster keeping. (a) No person shall keep, maintain or harbor five or more roosters on any property within unincorporated Solano County. This section shall not apply to commercial poultry ranches whose primary commodity is the production of eggs or meat for sale as permitted by the County, public or private schools as registered with the California Department of Education, FFA or or 4-H sponsored projects, or to legitimate poultry hobbyists as approved by the Agricultural Commissioner or any person authorized to act on his or her behalf, (b) The limit imposed under subdivision (a) is suspended until September 1, 2011, to allow a property owner and any person occupying or leasing the property or the property of another reasonable time to reduce the number of roosters kept on their property. Attachment A

11 (c) Each individual bird beyond the five rooster limitation constitutes a separate violation. (d) Rooster enclosures shall have a minimum set back from adjacent residences of 50 feet. (e) Nothing in the foregoing is to be construed as approving the keeping of any poultry in contravention of any statute, zoning ordinance, or other law. (f) At all times, roosters shall be provided: (1) Access to water and shelter from the elements (rain, wind, direct sun, etc.); and (2) Sufficient room to spread both wings fully and to be able to turn in a complete circle without any impediment and without touching the side of an enclosure; and (4) Clean and sanitary premises that are kept in In good repair Tethering prohibited. Notwithstanding any other provision of law, no person shall maintain any rooster by means of a tether attached to an object. Each individual bird so tethered constitutes a separate violation Violations and penalties. (a) Any law enforcement officer or public officer may issue a Notice to Appear Citation to the property owner and any person occupying or leasing the property or premises of another for violation of this chapter. chapter, (b) A property owner and any person occupying or leasing the property or premises of another, who violates any provision of this chapter is is guilty of an infraction. Each day, or any portion, a violation exists may be a new and separate offense. The first three violations on the same property within one year may be considered infractions and may be punished as follows: (1) For conviction of the first citation, a fine of up to one hundred ($100.00) dollars for each violation, plus any additional penalties assessed by the court; (2) For conviction of the second citation, a fine of up to two hundred ($200.00) dollars for each violation, plus any additional penalties assessed by the court; (3) For conviction of the third citation, a fine of up to five hundred ($500.00) dollars for each violation, plus any additional penalties assessed by the court. [Government (Government Code section )

12 (c) If the number of convictions of this chapter on the same property exceeds three, the property owner and any person occupying or leasing the property or premises of another is guilty of a misdemeanor and may be punished as follows: (1) By a fine of not more than five hundred ($500.00) dollars; (2) By imprisonment in the County jail for a term of not more than six (6) months; or (3) By both such fine and imprisonment. (d) Notwithstanding subdivisions (a), (b) and (c), the District Attorney may file a misdemeanor for any violation of this chapter. In addition, the County Counsel may seek any legal or equitable relief as permitted under law. Section 2. This ordinance shall take effect 30 days after its adoption. Section 3. A summary of this ordinance will be published within 15 days after Its adoption in the Fairfield Daily Republic, a newspaper of general circulation in Solano County. Passed and adopted by the Solano County Board of Supervisors at its regular meeting on by the following vote: AYES: SUPERVISORS NOES: SUPERVISORS EXCUSED: SUPERVISORS Michael J. J, Reagan, Chair Solano County Board of Supervisors ATTEST: Birgitta E. Corsello, Corseilo, Clerk Board of Supervisors By: Patricia J. Crittenden, Chief Deputy Clerk

13 Ordinance No introduced: Adopted: Effective: -7-13

14 ORDINANCE NO. AN ORDINANCE OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA, REGARDING THE KEEPING OF OF ROOSTERS The Board of of Supervisors of of the the County of of Ventura (-County") ("County") ordains ordains as follows: as follows: Section 1. Findings The Board of of Supervisors finds that: that: (a) (a) excessive crowding of roosters of roosters creates creates a a public noise and odor nuisance; (b) (b) there there is a is public a public interest interest combating combating the crime the crime of of rooster fighting, including limiting the the supply of of roosters; (c) rooster (c) rooster fighting fighting operations operations represent a a threat to to the the health and and welfare welfare of fowl of fowl in in legitimate enterprises enterprises and create and create a a public nuisance; and (d) (d) the the public interest and and County County policy policy support support the reasonable the reasonable use use of property and legitimate agricultural operations and and education. education. Section 2. Article 9, sections through , is is hereby added added to to Chapter Animals, of Division 4 - Public Health, of of the the Ventura County Ordinance Code Code to read to read as as follows: Article 9. Roosters Section Purpose The intent of of this article is is to to limit the the number of roosters of roosters that that may may be kept be kept on a single parcel of of real property, to to eliminate the the potential for a for public a public nuisance, nuisance, illegal cockfighting and the raising of of birds to to be be used used for for cockfighting and and for the for the protection of the health and and safety of of the the residents of Ventura of Ventura County. County. Section Definitions The following terms are defined for for purposes of this of this article: article: (a) (b) "Law enforcement officer" means the the Ventura County County Sheriff Sheriff or any or any person authorized to to act act on on behalf of of the the Ventura County County Sheriff Sheriff in in the enforcement of of this chapter. "Legitimate poultry hobbyist" means means a person a person who who owns owns and and breeds breeds poultry for exhibition or or for for sale sale of offspring in accordance with with accepted poultry raising practices. County of Ventura Planning Commission Hearing Ordinance Keeping of of Roosters Exhibit 3 Proposed Ordinance Regarding the Keeping of Roosters Page 11 of of 44 14

15 (c) (d) (e) (f) (g) "Nonprofit humane organization animal animal facility" facility" means means animal animal facility operated by by a a bona fide fide charity in good in good standing under under the the provisions of section 501(c)(3) of of the Internal Revenue Code, Code, where where roosters are kept for for adoption, recovery or or sanctuary. "Parcel" means an an area area of of land land having having fixed fixed boundaries depicted depicted on on or described by a a tentative map, final final map, map, parcel parcel map map or instrument or instrument of conveyance for the purpose of of defining land land to to be be held, held, actually or or potentially, in fee title as as a a discrete unit, unit, or or a permit a permit area area as as determined by the Ventura County Planning Director. Licenses, Licenses, easements, and streets, alleys and and similar rights-of-way are are not not parcels. "Person" means any any natural person, person, firm, firm, corporation, organization, company, association, business, trust, joint-stock organization, partnership, joint venture, club, club, or the or the agent, agent, servant, servant, manager, manager, officer, employee or lessee of any of of them. -Public officer- means the Agricultural Commissioner or or any any person person authorized to to act on on behalf of of the the Agricultural Commissioner in the in the enforcement of this chapter and and the the Animal Services Department Director or any other person authorized to act to act on behalf on behalf of the of the Animal Services Department Director in in the the enforcement of this of this chapter. -Rooster" means any male chicken that: that: (1) Is six months or older; or or (2) Has full adult plumage; or or (3) Is capable of crowing. Section Rooster keeping (a) Notwithstanding any other provision of of the the Ventura County County Ordinance Code, no no person shall shall keep, keep, maintain or harbor harbor five or five or more roosters on on any parcel of of real real property within within unincorporated Ventura County. This section shall shall not not apply apply to to commercial poultry poultry ranches whose primary commodity is the is the production of eggs of eggs or meat or meat for sale as permitted by by the the County, public or private or private schools schools as as registered with the California Department of of Education, or nonprofit or nonprofit Page 2 of 4 15

16 humane organization animal facilities. This section also does not apply to either FFA or 4-H sponsored projects or legitimate poultry hobbyists, provided that such projects or hobbyists are approved in writing by the Agricultural Commissioner or any person authorized to act on behalf of the Agricultural Commissioner. (b) (c) (d) (e) (f) The limit imposed under subdivision (a) is suspended until, 2016, to allow a property owner or any person occupying or leasing the property or the property of another reasonable time to reduce the number of roosters kept on their property. Each individual rooster beyond the four-rooster limit constitutes a separate violation. Rooster enclosures shall have a minimum set back from adjacent residences of 40 feet. Nothing in the foregoing is to be construed as approving the keeping of any poultry in contravention of any statute, zoning ordinance or other law. At all times, roosters shall be provided: (1) Access to water and shelter from the elements (rain, wind, direct sun, etc.); and (2) Sufficient room to spread both wings fully and to be able to turn in a complete circle without any impediment and without touching the side of an enclosure; and (3) Clean and sanitary premises that are kept in good repair. (g) The Agricultural Commissioner shall establish written regulations and standards necessary to carry out the intent of this article and shall condition any approval on compliance with the written regulations and standards, including the number of roosters. Failure of any property owner or any person occupying or leasing the property or property of another to comply with any of the provisions of this article, applicable law, or the regulations and standards of the Agricultural Commissioner shall constitute good cause for the denial of any approval, either original or renewal, or for its revocation. Page 33 of of 44 16

17 Section Tethering prohibited Notwithstanding any other provision of of law, law, no no person person shall shall maintain maintain any any rooster by means of of a a tether attached to an to object. an object. Each Each individual individual rooster rooster so so tethered constitutes a a separate violation. Section Violations and penalties (a) (b) (c) Any law enforcement officer or or public officer may may issue issue a notice a notice to to appear citation to to the the property owner owner or any or any person person occupying occupying or or leasing the property or or premises of of another for for violation of this of this article. A property owner or or any any person occupying or leasing or leasing the the property property or or premises of another who violates any any provision of of this this article article is is guilty of a misdemeanor/infraction, which is is enforceable pursuant to to Ventura County Ordinance Code, Code, sections through In addition to to the foregoing, the the County Counsel may may seek seek any any legal legal or equitable relief as as permitted under under law. law. Section 3. Effective Date This ordinance shall take effect and and be be operative 30 days 30 days after after its adoption. its adoption. PASSED AND ADOPTED this day of. 2015, by the following vote: AYES: Supervisors NOES: ABSENT: ATTEST: MICHAEL POWERS Clerk of the Board of of Supervisors County of Ventura, State of of California By: Deputy Clerk of of the Board Chair, Board of of Supervisors County of Ventura Page 4 of 4 17