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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER X. PERMITTING THE KEEPING OF ROOSTERS

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER X.
PERMITTING THE KEEPING OF ROOSTERS

Sec. B31-115. Intent.

The intent of this chapter is to permit only those properties or premises on which roosters are proposed to be kept which can and will be maintained in such a manner that will protect the health and safety of the community, and will not become a public nuisance.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-116. Definitions.

In addition to the definitions in Chapter I, the following terms are defined for the purposes of this chapter:

(a) Rooster means any mature male chicken.

(b) Mature male chicken means those roosters aged six months or over.

(d) Permit means a license issued by the Animal Care and Control Division for the maintenance of a rooster coop.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-117. Permit required.

No person shall keep, maintain or harbor five or more roosters within unincorporated Santa Clara County without first obtaining a rooster coop permit from the Manager, and subject to the provisions of the County Zoning Ordinance. The annual fee for the permit shall be fixed by resolution of the Board of Supervisors.

No permit is required to keep, maintain or harbor four or fewer roosters. However, the roosters shall be reasonably confined to the property, maintained in a sanitary condition, and not be creating a public nuisance.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-118. Permit application.

An application for a rooster coop permit to keep, maintain or harbor five or more roosters shall be in writing on a form approved by the Manager. The applicant shall list the number of roosters to be kept, maintained or harbored. The Manager will issue a rooster coop permit to an applicant who meets the requirements of this chapter. The permit must be renewed on an annual basis.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-119. Requirements, regulations and standards.

Before the Manager will issue a rooster coop permit, the applicant shall comply with the County Zoning Ordinance, the provisions of this Chapter, applicable state law and with the following requirements:

(a) Persons who keep, maintain, or harbor in excess of four roosters shall confine the roosters to cages or coops, maintain the roosters in a sanitary condition and keep them from creating a public nuisance.

(b) The cages or coops shall be of sufficient size and design and constructed of material that can be maintained in a clean and sanitary condition.

(c) The construction and location of the cages or coops shall not conflict with the requirements of any building code or setback line, and shall be at least 50 feet from any occupied human dwelling.

The Manager may establish additional written regulations and standards necessary for carrying out the intent of this chapter and may condition the permit based on compliance with the written regulations and standards. Failure of an applicant or a permit holder to comply with any of the provisions of the permit, this chapter or applicable state law, or the regulations and standards of the Manager shall be deemed just cause for the denial of any permit, either original or renewal, or for the revocation thereof.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-120. Expiration and renewal of permit.

Any permit issued under this chapter shall expire on December 31 of the year issued and annually thereafter. The procedure for the renewal of a permit shall be the same as for an application for a permit. Failure to renew a permit prior to the date of expiration shall result in a penalty fixed by resolution of the Board of Supervisors.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-121. Inspection.

The Manager or his or her authorized representative shall have the authority to inspect the location where roosters are permitted at any reasonable time(s) or interval(s) for compliance with the provisions of the permit or this chapter, applicable state law, or the regulations and standards of the Manager. The failure to consent to the entry shall be deemed just cause for the revocation of the permit.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-122. Denial or revocation of permit.

The Manager may deny or revoke any permit issued pursuant to this chapter in any of the following situations:

(a) Whenever the Manager determines that there is a failure to meet any of the conditions of the permit, this chapter or applicable state law.

(b) Whenever the Manager has reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for a permit.

(c) If the applicant or permit holder has been convicted by a court of law of more than two violations in a 12-month period of this chapter, or state law relating to roosters or public nuisance caused by roosters, or has been convicted of cruelty to animals or fowl in this or any other state within the previous five years. For the purposes of this section a bail forfeiture shall be deemed to be a conviction of the offense charged.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec B31-123. Appeal from denial or revocation of permit.

Prior to denial or revocation of a permit, the Manager shall notify the applicant in writing of the intent to deny or revoke the permit, the reasons for such denial or revocation, and that the applicant may make a written request for a hearing within seven days from receipt of the notice to challenge the denial or revocation. Failure to request a hearing shall result in the immediate denial or revocation of the permit.

The Manager shall set the time and place for the hearing and cause notice of the hearing to be mailed to the person requesting the hearing at least five days before the date of the hearing.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-124. Hearing.

The Manager shall designate a person to preside over the hearing. At the hearing the petitioner and the Animal Care and Control Division may be represented by counsel, may present oral and written evidence and may cross-examine witnesses. Strict rules of evidence shall not apply. Any relevant evidence shall be admissible.

After submission of all the evidence and not more than 15 days after the hearing, the person presiding over the hearing shall issue the decision on whether or not the permit should be denied or revoked. The decision shall be final and supported by the weight of the evidence.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-125. No new permit after denial or revocation.

If a permit has been denied or revoked, the Manager shall not accept a new permit application from the same person for the same activity at the same location less than six months after such denial or revocation, unless the applicant shows, and the Manager finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the permit revoked no longer exists.

(Ord. No. NS-300.784, § 1, 6-5-07)

Sec. B31-126. Permit not transferable.

Permits issued pursuant to the provisions of this chapter shall not be transferable.

(Ord. No. NS-300.784, § 1, 6-5-07)