(A) Crowing fowl permit required in the county.
Notwithstanding any other provision in this code, keeping, raising, or harboring six or more crowing fowl is an unlawful use in the county without a valid crowing fowl permit.
(B) Fees. Permit fees shall be paid annually in the following amounts:
6—10 crowing fowl | $125 |
11 or more | $1,500 |
(C) Administrative permits for crowing fowl.
(1) It is unlawful for any person to keep, raise or harbor crowing fowl within the county without first having obtained an administrative permit therefor from the Planning Director. The administrative permit shall be a temporary permit, subject to annual renewal.
(2) The Planning Director may issue an administrative permit for the keeping, raising or harboring of six to ten crowing fowl under any conditions and restrictions deemed necessary for the protection of animal and/or public health, safety or welfare, and may specify such conditions and restrictions in the administrative permit. Every application for a crowing fowl permit shall be made on crowing fowl permit forms provided by the Planning Department, accompanied by the appropriate filing fee as established by resolution of the Board of Supervisors from time to time.
(3) Administrative permits may be modified or revoked for the same reason(s) that a conditional use may be modified or revoked. Any proceedings to modify or revoke an administrative permit shall be conducted by the Planning Director.
(D) Conditional use permits for crowing fowl. It is unlawful for any person to house 11 or more crowing fowl without first having obtained a conditional use permit.
(E) Additional findings for denial of conditional use permits for crowing fowl. The Planning Commission may refuse to issue a conditional use permit for the housing of crowing fowl to:
(1) Any person whose conditional use permit for crowing fowl has been suspended or revoked, for the period in the case of suspension, during which the order of suspension is in effect plus an additional one year from the effective date of the suspension; or, in the case of revocation, for five years after the effective date of the order of revocation;
(2) Any person who has been or is an officer, agent or employee of any crowing fowl operation whose conditional use permit for crowing fowl has been suspended or revoked and who was responsible for, or participated in, the violation upon which the order of suspension or revocation was based, for the period in the case of suspension, during which the order of suspension is in effect plus an additional one year from the effective date of the suspension; or, in the case of revocation, for five years after the effective date of the order of revocation;
(3) Any person who is in violation of any of the provisions of this title; and
(4) Any person who has been convicted of the crime of cruelty to animals, whether in this state or any other jurisdiction, for a period of ten years following the service of any sentence or completion of any condition of conviction, whichever is later.
(F) Permit standards. No crowing fowl permit shall be approved unless it complies with the following standards and the Planning Director, Code Enforcement Officer, Health Officer and Animal Control Officer find that it will not cause an adverse impact on the public health, safety or welfare:
(1) Compliance with standards. All persons who own, keep, raise, harbor or maintain crowing fowl shall comply with the crowing fowl housing standards specified by state regulations.
(2) Hours of enclosure. Crowing fowl shall be confined inside the walled and roofed enclosure between the hours of 8:00 p.m. and 6:00 a.m. each day.
(3) Acknowledgment of standards. A copy of the applicable standards for housing of crowing fowl shall be supplied to any applicant requesting an application for a crowing fowl permit. By signing the application form, the applicant shall acknowledge receipt of such standards and shall agree to comply with them and to allow inspections at reasonable times to confirm compliance with them.
(4) Non-compliance with standards. Each person who owns, keeps, raises, harbors or maintains crowing fowl shall correct any deficiencies noted by the Animal Control Officer or Planning Director within a reasonable period of time as specified by the Animal Control Officer or Planning Director. Plans for new or remodeled facilities shall be submitted to the Animal Control Officer and Planning Director for review. Upon request by the Animal Control Officer or Planning Director, the applicant must make the premises, facilities and equipment available for the purpose of ascertaining compliance with such standards.
(G) Conditions of approval. Any crowing fowl permit granted shall be subject to such conditions and restrictions deemed necessary for the protection of animal and/or the public health, safety and general welfare. The Planning Commission may provide that issuance of a crowing fowl permit shall be contingent upon acceptance and observance of specified conditions. In addition, a crowing fowl permit shall be subject to the following conditions:
(1) Compliance with any regulations regarding the keeping or raising of poultry as a conditional use in the applicable zoning district;
(2) Compliance with the housing standards specified by state regulations;
(3) At the time the permit is issued, the applicant shall reside on the subject property; and
(4) The applicant’s consent to inspections at reasonable times without prior notice by the Planning Director or Animal Control Officer to ensure continued and ongoing compliance with applicable standards and conditions of approval.
(H) Inspections. Public and animal health, safety and welfare require periodic inspections of all facilities housing crowing fowl within the county to ensure the protection of animals kept therein from unhealthy or inhumane conditions and practices. Accordingly, the Planning Director or Animal Control Officer shall have the right to inspect at reasonable times and shall inspect at intervals deemed appropriate by the Planning Director or Animal Control Officer, all crowing fowl permit holders within the county. As a condition of the issuance of any permit for crowing fowl, each permit holder shall agree to allow such inspection, which acknowledgment shall be made as part of the application and file.
(I) Exceptions. The following are exempt from the provisions of this article:
(1) Future Farmers of America (FFA) or 4-H projects conducted by the occupants on the premises are not subject to the requirements of this article except that an administrative permit must be filed with the Planning Department. Administrative permit forms shall be available at the Planning Department and may be filed free of charge; and
(2) Poultry farms of chickens, ducks, geese, pigeons, pheasants, peafowl, turkeys or guinea fowl that are regulated by a conditional use permit, conditional uses in agricultural rangeland, and conditional uses in agricultural productive district, are not subject to the requirements of this article.
(Ord. 1043 § 3 (part), 2022)