50B - ORDINANCE - AMEND CH 5 KEEPING FOWL

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REQUEST 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