Title
REF260024 - ROOSTER ORDINANCES
Public hearing to consider adopting a resolution to recommend the Board of Supervisors:
1) Find the ordinances amending rooster keeping regulations in unincorporated inland and coastal areas of Monterey County categorically exempt from review under the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15308 because the ordinances are County actions which involve procedures for protection of the environment;
2) Adopt an ordinance repealing Chapter 8.50 of the Monterey County Code (Requirements for Keeping Five or more Roosters) and amending Title 21 of the Monterey County Code (Inland Zoning Ordinance) to add new regulations for the keeping of roosters on non-agriculturally zoned properties in the unincorporated inland areas of Monterey County; and
3) Adopt an ordinance adding new regulations to the Coastal Zoning Ordinance (Title 20 of the Monterey County Code) for the keeping of roosters on non-agriculturally zoned properties in the unincorporated coastal areas of Monterey County along with the following implementing actions:
a. Certify that the Coastal Zoning Ordinance is intended to be carried out in a manner fully in conformity with the California Coastal Act; and
b. Direct staff to submit the Coastal Zoning Ordinance to the California Coastal Commission for certification.
Body
RECOMMENDATIONS
It is recommended that the Planning Commission adopt a resolution recommending that the Board of Supervisors:
a) Find the ordinances amending rooster keeping regulations in unincorporated inland and coastal areas of Monterey County categorically exempt from review under the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15308 because the ordinances are County actions which involve procedures for protection of the environment
b) Adopt an ordinance repealing Chapter 8.50 of the Monterey County Code (Requirements for Keeping Five or more Roosters) and amending Title 21 of the Monterey County Code (Inland Zoning Ordinance) to add new regulations for the keeping of roosters on non-agriculturally zoned properties in the unincorporated inland areas of Monterey County; and
c) Adopt an ordinance adding new regulations to the Coastal Zoning Ordinance (Title 20 of the Monterey County Code) for the keeping of roosters on non-agriculturally zoned properties in the unincorporated coastal areas of Monterey County along with the following implementing actions:
1) Certify that the Coastal Zoning Ordinance is intended to be carried out in a manner fully in conformity with the California Coastal Act; and
2) Direct staff to submit the Coastal Zoning Ordinance to the California Coastal Commission for certification
SUMMARY
Staff has drafted a resolution (Exhibit A) for review by the Planning Commission that would recommend that the Board of Supervisors approve two draft ordinances modifying rules for the keeping of roosters in the unincorporated areas of the County. The draft ordinances would repeal the existing Requirements for Keeping of Five or more Roosters in Chapter 8.50 of the Monterey County code (rules to be repealed attached as Exhibit B) and replacing those requirements with zoning regulations, inland (Attachment 1 to Exhibit A) and coastal (Attachment 2 to Exhibit A), that limit the keeping of roosters based on lot size, on non-agriculturally zoned parcels.
This action is brought to the Planning Commission in response to Board Referral number 20204.11 (Church) (Exhibit C). As described in the referral, the adopted rules have certain provisions that make it difficult to enforce and thus make the rules ineffective at addressing cockfighting operations in Monterey County. The referral requested that staff investigate changes to the rooster regulations that would be more effective. In addition to concerns regarding raising roosters for cockfighting, which is often difficult to prove in a permit review context, nuisances, including noise and sanitation conditions, within residential areas are the most frequently reported complaint.
Hitchcock Animal Control Services (HACS), which under the organization and direction of the Health Department, oversees permitting and enforcement of the regulations contained in Chapter 8.50. HACS was assigned to respond to the referral. A preliminary referral response was provided to the Board of Supervisors on October 1, 2024 and HACS returned to the Board on November 4, 2025 with more information. On November 4, 2025, direction was provided to explore moving rooster regulations to the zoning code to be enforced by Housing & Community Development (HCD) and the referral was reassigned to HCD to pursue such efforts.
In responding to the referral, HCD staff have reviewed other jurisdictions rooster keeping regulations, reached out to 4-H, FFA, and the Farm Bureau to solicit comments, and coordinated with Animal Control Services and the Agricultural Commissioner’s office to develop ordinances that would place restrictions on keeping of roosters on non-agriculturally zoned properties in the unincorporated areas of the County.
As presented, the draft coastal and inland regulations are essentially the same. The inland ordinance repeals Chapter 8.50 and adds regulations for keeping of roosters to the inland zoning regulations. The coastal ordinance does the same except that Chapter 8.50 only needs to be repealed once, so this part of the code modifications is not included in the coastal ordinance.
As it exists now, the zoning ordinances list “Animal husbandry and small livestock farming; provided that not more than one horse, mule, cow, or similar livestock shall be kept for each twenty thousand (20,000) square feet of land area” or “Intermittent livestock farming or animal husbandry uses such as “4-H” projects on a minimum of twenty thousand (20,000) square feet” as uses allowed (subject to a Coastal Administrative Permit in the coastal areas) in various zoning districts. “Animal Husbandry” and “Livestock” are not currently defined in the zoning ordinance and there is no limitation on the number or type of “small livestock” that can be kept/farmed on a property unless a different use, as defined, is triggered. As it relates to roosters, that trigger is a “Poultry Farm.” The zoning ordinances list “Poultry Farm” as a use allowed in several zoning districts subject to a Use Permit (inland) or Coastal Development Permit (coastal). Poultry farms are defined as having more than five hundred (500) chickens, turkeys, ducks, geese, pigeons, pheasants, peafowl, guinea fowl or other fowl.
The draft ordinances before the Planning Commission would:
1. Add definitions of “Animal Husbandry” and “Livestock”
2. Modify these animal husbandry and livestock farming uses allowed in certain non-agricultural zoning districts to add language like “provided that keeping or roosters complies with [20/21.64.320 (new Sections to be added)]”
3. Add a new Section to the Special Regulations Chapter of the zoning ordinances (20/21.64.340) describing:
a. The purpose of the regulations,
b. Adding definitions applicable to the new section
c. Defining the applicability (by zoning district)
d. Establishing regulations on the number of roosters that may be kept and the manner in which they may be kept, and
e. Providing for certain exceptions.
HCD would ultimately enforce the new zoning regulations and HACS would continue to enforce Chapter 8.36 of the County Code (Nuisance and Nuisance Animals). More details on the regulations and the issues raised during drafting of the ordinance are discussed below.
DISCUSSION
Regulations
The draft ordinances place a limit on the number of roosters that may be kept on non-agriculturally zoned properties. The limits are:
• 1 rooster on properties less than 2 acres
• 2 roosters on properties between 2 and 5 acres; and
• 5 roosters on properties greater than 5 acres
Many people keep hens in their yard for food production or simply as a hobby. Generally, a rooster is not needed if eggs will be harvested for food; however, a rooster is needed if the eggs need to be fertilized for hatching new chicks. Keeping roosters can also help protect a flock from certain predators and maintain a social pecking order among a flock. Some publicly available information suggests that about 1 rooster for every 10-12 hens is ideal.
On the other hand, roosters make noise, they require a certain level of maintenance including enclosures and manure management, and in some cases, they are known to be used for illegal gaming (e.g. cockfighting). Without some controls, keeping of roosters can be incompatible with other uses in the vicinity. For this reason, limits proposed within the ordinances are intended to balance the ability to maintain a small flock of poultry with the protection of health, safety, and peace of residents residing in non-agricultural areas.
Zoning/Applicability
This limitation on rooster keeping is applicable in the following zones:
Inland zonings - Medium Density Residential (MDR), Low Density Residential (LDR), Rural Density Residential (RDR) and Resource Conservation (RC) zones.
Coastal zonings - Medium Density Residential (MDR), Low Density Residential (LDR), Rural Density Residential (RDR) and Watershed and Resource Conservation (WSC) zones
Some zoning districts do not permit animal husbandry or livestock farming; hence rooster keeping is already not an allowed use in these zones. Those zones include High Density Residential, Mixed Use, Commercial, Industrial, Conservation and Open space, Visitor Serving, and Public Quasi-Public. The draft ordinances recognize the existing limitations in these zones.
Exceptions
Exceptions to the limits on the number of roosters that may be kept are provided in the ordinances. The exceptions allow keeping of up to 10 roosters for 4-H and Future Farmers of America (FFA) programs. They also exempt animal hospitals, permitted poultry farms, and animal rescue/animal welfare organizations (i.e. SPCA) from rooster keeping limits.
The most significant and hence controversial change between current regulations in Chapter 8.50 of the County Code and the proposed ordinances is the elimination of an exception for “hobbyists.” The hobbyist designation in Chapter 8.50 allows for permits to be issued for keeping of five or more roosters regardless of the zone. The hobbyist designation has created challenges for Animal Control Services when reviewing permit applications and enforcing the current regulations. The problem is that while not all hobbyists are cockfighting, some suspected cockfighting operations claim to be hobbyists when applying for permits. Due to this experience, the proposed regulations do not contain a hobbyist exemption. Hobbyists would be forced to maintain roosters in agricultural zones or to obtain a Use Permit for operation of a poultry farm if allowed.
ENVIRONMENTAL REVIEW
These ordinances are exempt under the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15308 because the ordinances are County actions which involve procedures for protection of the environment as well as public health, safety and welfare, and the ordinance will not allow new land uses or development that have the potential to impact the environment. Rules for the keeping of 5 or more roosters contained in Chapter 8.50 of the Monterey County Code will be replaced with zoning regulations for the keeping of roosters with the new regulations having a similar scope and effect as the existing regulations.
OTHER AGENCY INVOLVEMENT
Housing and Community Development staff have consulted with Hitchcock Road Animal Services staff and the Agricultural Commissioners’ Office in drafting these ordinances. The Office of County Counsel has reviewed and approved the draft ordinances as to form.
Feedback has been solicited from the Farm Bureau, 4-H and FFA representatives.
FINANCING
Staff time associated with preparation of these ordinances is included in the FY26/27 adopted budget for Housing & Community Development. Some increase in HCD enforcement efforts is anticipated should the ordinances be adopted. The increased enforcement efforts can be absorbed within the adopted budget. The increase in HCD enforcement efforts will replace costs currently being absorbed for administration and enforcement of Chapter 8.50 within the Health Department’s Hitchcock Road Animal Services budget.
Prepared by: Craig W. Spencer, HCD Director, ext. 5233
Approved by: Melanie Beretti, Chief of Planning
The following attachments are on file with the HCD:
Exhibit A - Draft Resolution for a recommendation of approval to the Board of Supervisors:
• Exhibit A.1 - Draft ordinance amending Title 21 (inland zoning)
• Exhibit A.2 - Draft ordinance amending Title 20 (coastal zoning)
Exhibit B - Chapter 8.50 of the Monterey County Code (to be repealed)
Exhibit C - Board Referral 2024.11 (Church)
Exhibit D - Chapter 8.36 (Nuisance and Nuisance Animals)
Exhibit E - Draft Ordinances (redline version)