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Keeping of Fowl and Other Clean-Up Language Keeping of Fowl and Other Clean-Up Language 2 We are seeking Council consensus today on adding language to Chapter 25 (Nuisances) to regulate the keeping of fowl in accordance with new State law and amending enforcement language in Chapter 19 (Landscaping) to better align with enforcement practices. Keeping of Fowl 3 • HB 2325 provides restrictions for cities to regulate keeping of fowl in residential single- family districts and preempts all local laws, ordinances and charter provisions to the contrary. • The keeping of fowl has historically been enforced as a non-permitted use in the UDC • Adding language to Glendale City Code will allow us to regulate civilly or criminally Keeping of Fowl 4 GCC 25-27 Keeping of fowl (a) Male fowl, including roosters, are prohibited from within Glendale City limits. (b) Residents in a single family detached residential property are allowed to keep up to six (6) fowl in the rear yard of a property. (c) Fowl must be kept in an enclosure in the rear or side yard of the property at least twenty (20) feet from a neighboring property. (d) The maximum allowed size of the enclosure described in section (c) above is two hundred (200) square feet with a maximum height of eight (8) feet. (e) Any enclosure must comply with spacing and setbacks requirements as provided in the Glendale Unified Development Code and International Building Code including ten (10) foot separation from primary and accessory structures. Keeping of Fowl 5 (f) Manure must be picked up and disposed of or composted at least twice weekly. (g) Composted manure must be maintained to prevent the migration of insects. (h) Feed must be stored in insect-proof and rodent-proof containers. (i) Fowl must be contained and are prohibited from running at large. (j) “Fowl” is defined as a cock or hen of the domestic chicken. Chapter 19 (Landscaping) 6 • Glendale City Code Ch 19, Section 19-8 (Penalties) for landscaping on commercial properties was written in 1963 prior to Code Compliance being created and calls for the City Attorney to collect civil fines by complaint through the City Court for violations of the chapter. • To better align with enforcement practices, we propose replacing the language in 19-8 with language from other chapters enforced by Code Compliance. Chapter 19 (Landscaping) 7 New Language GCC 19-8 Penalties (a) The provisions of this chapter shall only apply to conditions that are visible to a person standing at ground level beyond the boundaries of the lot except where the city determines that the conditions are or are likely to become a threat to the public health or safety or where the conditions are so severe they are or are likely to become a nuisance to a neighborhood. (b) A violation of any of the provisions of this chapter shall be considered to be a public nuisance. The city may elect to proceed either civilly or criminally against any person who is found to be responsible for causing, permitting, facilitating, or aiding or abetting any violation of any provision of this chapter. Chapter 19 (Landscaping) 8 (c) Any Code compliance inspector or police officer that observes a violation of any of the provisions of this chapter is empowered to issue a citation to the alleged violator. Prior to issuing a citation, the Code compliance inspector or police officer may, in his/her discretion, issue a written notice of violation. If the violation is not remedied within the time frame specified in the notice of violation, a citation may be issued. (d) Jurisdiction of all proceedings to enforce the provisions of this section shall be in the Municipal Court of the City of Glendale. (e) Civil actions to enforce this section may be adjudicated by a judge or a court hearing officer. (f) The Municipal Court of the City of Glendale shall have jurisdiction to issue orders permitting the city to abate conditions that constitute a violation of the provisions of this section. Keeping of Fowl and Other Clean-Up Language 9 We are seeking Council consensus today on adding language to Chapter 25 (Nuisances) to regulate the keeping of fowl in accordance with new State law and amending enforcement language in Chapter 19 (Landscaping) to better align with enforcement practices.