San Mateo, CA

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Population: 93,000

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[edit] Layman's version:

Each property is allowed to have up to ten (10) chickens that are required to be permitted with the Building Division. The chickens must be kept in an enclosed coop, in a sanitary condition, and maintained on a regular basis. Roosters over 4 months of age are not allowed in the city.

[edit] The Urban Chicken ordinance on the books:

The ordinance SMMC 8.32 Fowl and Small Animals reads:

Sections:

  • 8.32.010 Permit--Required.
  • 8.32.020 Permit--Application--Requirements.
  • 8.32.030 Permit--Application-Fee.
  • 8.32.040 Permit--Application--Inspection of premises.
  • 8.32.050 Permit--Issuance conditions.
  • 8.32.060 Permit--Appeal
  • 8.32.070 Sanitation requirements.
  • 8.32.080 Permit expiration or revocation.


8.32.010 PERMIT -- REQUIRED. It is unlawful to keep any fowl or rodent unless application is first made and permission is granted, as provided in this chapter. It is a nuisance, and unlawful for the owner of any fowl or rodent to allow it to run at large or go upon the premises of any other person. Fowl and rodents permitted by this section may be kept only on the premises of the owners thereof. Small rodents and birds may be kept within a residence without a permit. (Ord. 1982-1 § 11, 1982: prior code § 109.10).

8.32.020 PERMIT -- APPLICATION -- REQUIREMENTS. Any person may apply to the building division for permission to keep fowl or rodents owned or controlled by him, in a coop, run or hutch, in the rear yard (as determined by the zoning code), and not less than twenty feet from another dwelling and not less than three from any property line. Such application shall be substantially in a form to be selected by the building official. Permits will be issued only for the keeping of fowl and rodents upon the property occupied by the applicant. (Ord. 1982-1 § 12, 1982: prior code § 109.11).

8.32.030 PERMIT -- APPLICATION -- FEE. The building division shall charge a fee to the person filing an application for such permit, such fee to be paid at the time of such filing. The fee for such permits shall be those established by resolution of the council. (Ord. 1982-1 § 13, 1982: Ord. 1978-12 § 1, 1978: prior code § 109.17).

8.32.040 PERMIT -- APPLICATION -- INSPECTION OF PREMISES. Immediately upon receipt of the application mentioned in Section 8.32.020, the building division shall forthwith inspect the premises. If he deems it necessary, he will request inspection by the health officer. (Ord. 1982-1 § 14, 1982: prior code § 109.12).

8.32.050 PERMIT -- ISSUANCE CONDITIONS. The building division representative shall thereupon determine from the staff inspection and the findings of the health officer whether or not the keeping of any fowl or rodent would be injurious to the public health, safety or welfare. If the city inspector finds that the keeping thereof will not be injurious to the health, safety or welfare, such application will be approved and provisions or requirements may be added with reference thereto as may be deemed necessary to preserve such health, safety and welfare; provided, however, that under no condition shall the building division issue a permit for the keeping of more than ten in all, of fowl and rodents; provided further, that, at the time of issuance of such permit, if any, the building division will require that all feed for such fowls and rodents shall be kept in containers to be made of materials which will protect such health, safety and welfare, and which materials shall be specified at said time by the building inspector. Feeding shall only be done within approved enclosures on private property. All fowl and rodents that have reached the age of one month will be included in the count to determine if the limit has been met or exceeded. (Ord. 1982-1 § 15, 1982: prior code § 109.13).

8.32.060 PERMIT -- APPEAL. In the event that the building division has denied such permit, or has made provisions with reference thereto which such applicant does not wish to carry out, the applicant may appeal from such decision to the Community Improvement Commission. Such appeal shall be filed in writing with the building official no later than thirty days from and after the date on which such applicant has received notice of such rejection or order for modification. The building official shall set the time for hearing such appeal before the Community Improvement Commission which shall be at a regular meeting of the Community Improvement Commission. The appeal will be heard at the next regular meeting following public notification and after the legal noticing time has been allowed. The building official shall forthwith notify the applicant in writing of the date set for such hearing. If the applicant is not the owner of the property, the owner will be notified of the appeal. The owner will be responsible to see that decisions of the building official and/or the Community Improvement Commission are complied with. Owners of properties within three hundred feet of applicant's property will be notified of the hearing. At the hearing on such appeal, the Community Improvement Commission may hear all evidence introduced by the applicant and others, with reference to such matter, and it shall thereupon make its decision thereon. At such time it shall find whether or not the proposed keeping of such fowl and rodents would be injurious to the health, safety or welfare of the city. It shall thereupon allow, or deny, such applications, or make such provisions for modifications thereof, and with reference thereto, as it may see fit. Appeals of the Commission's decision may be made to the city council by filing in writing within ten calendar days of the hearing and paying the required filing fee. (Ord. 1995-22 § 1 (part), 1995; Ord. 1982-1 § 16, 1982: prior code § 109.14).

8.32.070 SANITATION REQUIREMENTS. In the keeping of any fowl or rodents on any lot or parcel of land within the city, the owner or person having control of such place shall keep at all times and places where such fowl or rodents are kept in a sanitary condition and properly enclosed, so that such fowl or rodents will not go upon the premises of a neighbor or on any other property within city. (Ord. 1982-1 § 17, 1982: prior code § 109.18).

8.32.080 PERMIT EXPIRATION OR REVOCATION. A permit will expire at any time that the permitted use is discontinued for a period of six months. Failure to comply with these regulations will be cause for revocation of the permit. (Ord. 1982-1 § 18, 1982).

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