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Home My WebLink About50B - ORDINANCE - AMEND CH 5 KEEPING FOWLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2012 TITLE: ORDINANCE AMENDING CHAPTERS OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE KEEPING OF FOWL CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an Ordinance amending Chapter 5 of the Santa Ana Municipal Code pertaining to the distance to allow fowl to be kept within thirty (30) feet of any family residence or building designated for human occupancy, the owner's excepted. DISCUSSION Currently, Chapter 5 of the Santa Ana Municipal Code prohibits any person from keeping or maintaining fowl or rabbits within one-hundred (100) feet from any family residence or building designated for human occupancy, the owner's excepted. After researching numerous ordinances in Orange County, it is recommended that the distance restriction be modified to allow fowl to be kept within thirty (30) feet of any family residence or building designated for human occupancy, with the exception of the owner's, as this is a reasonable distance. The following factors were considered in analyzing and determining a reasonable distance recommendation: • While the risk of disease is a concern there is no data that determines the risk of disease or likelihood of humans contracting disease, as it correlates to a specific distance in which fowl is maintained in proximity to humans. • While roosters are very noisy, hens are not. There is no indication that noise complaints will increase as a result of reducing the distance. • The smell of fowl excrement is not stronger than dog excrement. An increase in calls related to odors related to the reduction in distance is not expected. • The distance reduction will be consistent with the majority of Orange County cities as well as the county ordinance related to fowl. 5OB-1 Chapter 5 of the Santa Ana Municipal Code May 21, 2012 Page 2 The proposed ordinance would reduce the distance restriction by amending Santa Ana Municipal Code Chapter 5, sections 5-6 and 5-18, to require that all fowl and rabbits, and all buildings, pens, runs, or other places where such fowl and/or rabbits are kept be located at least thirty (30) feet from any residence or building designated for human occupancy, the owner's excepted. PUBLIC SAFETY COMMITTEE REVIEW On April 24th, 2012, the Santa Ana Public Safety Committee considered whether Chapter 5 of the Santa Ana Municipal Code should be modified to reduce the distance restriction for the keeping of fowl from within one-hundred (100) feet to within thirty (30) feet of any family residence or building designated for human occupancy, with the exception of the owner's property. After public comments and discussion by Committee members and staff, a motion was made and unanimously passed to recommend the City Council consider amending Chapter 5 to reduce the distance restriction to thirty (30) feet. FISCAL IMPACT There is no fiscal impact associated with this action. l Paul M. Walters Chief of Police Police Department 5OB-2 TLJ 5/16/12 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE KEEPING OF FOWL THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Chapter 5 of the Santa Ana Municipal Code prohibits any person from keeping or maintaining fowl or rabbits within at least one- hundred (100) feet from any family residence or building designated for human occupancy, the owner's excepted. B. On April 24th, 2012, the Santa Ana Public Safety Committee recommended that the City Council revise its ordinance to reduce the proximity restriction for the keeping of fowl from one-hundred (100) feet to thirty (30) feet, by a vote of 3:0. C. Based on City staff's consideration and analysis of the following factors, which the City Council of the City of Santa Ana hereby adopts, the City Council has determined that reducing the distance restriction for the keeping of fowls and rabbits from one-hundred (100) feet to thirty (30) feet is reasonable: 1. While the risk of disease is a concern there is no data that determines the risk of disease or likelihood of humans contracting disease as it correlates to a specific distance in which fowl is maintained in proximity to humans. 2. Staff does not anticipate that noise or odor complaints will increase as a result of reducing the distance requirement. 3. The distance reduction will be consistent with the majority of Orange County cities' ordinances and the County of Orange's regulation relating to the keeping of fowl. Ordinance No. NS-XXX Page 1 of 4 5OB-3 D. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 5-6 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows: Sec. 5-6. Permit required for large number of fowl, etc. (a) No person shall keep or maintain more than four (4) in number of any fowl (excluding roosters which are not permitted within the City of Santa Ana per section 5-6.5 hereof), rabbit, or any combination thereof, on any premises within the City of Santa Ana unless a special permit has been issued, subject to the rules and regulations provided in this section and the approval of the city department of planning and development services. Permits may be revoked on any grounds which would be sufficient to deny issuance. Any person aggrieved by the action of the animal control officer in denying or revoking a permit may appeal to the city council as provided in Chapter 3 of this Code. (b) Any person keeping or maintaining more than four (4) in number of fowl (excluding roosters which are not permitted within the City of Santa Ana per section 5-6.5 hereof), rabbits, or any combination thereof, on any premises within the city of Santa Ana shall be subject to the following rules and regulations: (1) All buildings, pens, runs, or other places where such fowl and/or rabbits are kept shall be located at least one hundFed (100) thirty (30) feet from any residence, the owner's excepted. (2) The floors of every such building shall be smooth and tight and maintained so as to prevent accumulation of filth or water. (3) The floor area of every such building where the fowl and/or rabbits are given free run shall be of sufficient area so as to allow for two and one-half (2 1/2) square feet per fowl and/or rabbit. (4) All dead animals, manure, refuse, feathers, and other waste matter shall be removed within a reasonable time, not to exceed forty-eight (48) hours, or kept in fly-tight containers until such removal. (5) If runs are provided and the formation of ground therefor is such that it cannot be kept in a clean and sanitary condition at all times Ordinance No. NS-XXX Page 2 of 4 5OB-4 as required by the state or local health department, the floor of said runs or pens shall be constructed of cement, said cement to be laid so as to prevent rodents from entering thereunder. (6) Rabbits must be kept in hutches so constructed as not to allow the urine to pollute the ground, and provided with floors that are removable for the purpose of cleaning and disinfecting; no box hutches will be permitted. Section 3. Section 5-18 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows: Sec. 5-18. Proximity to humans. (a) Livestock. Except as otherwise provided in this chapter, no person who keeps or has upon premises owned, leased, or occupied by him any livestock shall keep such livestock within one hundred (100) feet of any family residence, with the exception of his own. (b) Fowl and rabbits. No person shall keep fowl or rabbits within one huRdFed X1-W thirty (30) feet of any family residence or building designated for human occupancy, with the exception of his own. (c) Enforcement. The director of planning and development services shall not approve for issuance any building permit until he has assured himself that the provisions of this section have been met. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof. Ordinance No. NS-XXX Page 3 of 4 5OB-5 ADOPTED this day of , 2012 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Teresa L. Judd Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 4 of 4 5OB-6