County moves towards rooster limits

The County of San Diego took the first step towards an ordinance which would limit the number of roosters on nonexempt properties and require that roosters be kept under humane conditions.

The San Diego County Board of Supervisors voted 4-1 August 2, with Bill Horn in opposition, to approve the introduction and first reading of the ordinance. Because the primary purpose of the ordinance is to target cockfighting, commercial and educational exemptions were included. Since the ordinance has provisions beyond what would be incorporated into the county’s Zoning Ordinance, a second reading will be necessary. The second reading and adoption is scheduled for September 13, and if the county supervisors adopt the ordinance that day it would take effect October 13 although the limit for the number of roosters would not take effect until January 1. The supervisors also voted to add the issue of making cockfighting a felony to the county’s legislative program.

“My whole goal here is to go after cockfighting,” said John Carlson, the deputy director of the county’s Department of Animal Services. “I don’t want to burden legitimate poultry raisers.”

The ordinance defines a rooster as a male chicken which is six months of age or older with full adult plumage or which is capable of crowing. The ordinance prohibits the keeping of more than one rooster on a premise (including contiguous property under common ownership) of less than half an acre, more than four roosters on premises between half an acre and one acre, more than six roosters on premises between one and five acres, or more than 20 roosters on premises over five acres. Each individual rooster beyond the limit would constitute a separate violation of the ordinance. The ordinance also retains any zoning with more restrictive provisions on the number of roosters.

The quantity limit subsection of the ordinance exempts commercial poultry ranches whose primary purpose is to produce eggs or meat for sale for human consumption, approved 4H or Future Farmers of America projects, public or private schools, and county or Humane Society animal shelters.

The omission of statutory protection for Grange projects was an oversight. Four Grange chapters currently exist in San Diego County: in Rainbow, Ramona, San Marcos, and Vista. According to information provided by the San Diego County Farm Bureau and the University of California Cooperative Extension, the county has 32 4H chapters and 16 Future Farmers of America chapters.

Carlson cannot promise that Grange projects will not be prosecuted, although he noted that the intent was to stop cockfighting. “There’s enforcement discretion,” he said.

A recent cockfighting raid in Rainbow involved more than 700 birds, and a Pauma Valley raid found approximately 500 roosters. “The cockfighters are becoming real problematic,” Carlson said.

Roosters have also caused noise complaints, and the ordinance provisions also stipulate that each enclosure shall be located at least 50 feet from any residence. The ordinance also prohibits keeping a rooster attached to an object with a tether, and each tethered rooster will constitute a separate violation.

The ordinance also requires that each rooster shall at all times be provided with access to water, with shelter from the elements (rain, wind, direct sun, etc.), with sufficient room to spread both wings fully and to be able to turn in a complete circle without any impediment and without touching the side of an enclosure, and with clean and sanitary premises which are kept in good repair.

California law classifies ownership, possession, or training any bird with the intent of using it for cockfighting as a misdemeanor. Cockfighting is a felony in Nevada, Arizona, Oregon, New Mexico, and Washington, among other states, and since California has less severe consequences than neighboring states it has become a draw for illegal cockfighting.

“San Diego County has become a mecca for cockfighting,” said Supervisor Pam Slater-Price.

Since 2000 Department of Animal Services investigations have resulted in more than 100 arrests, confiscation of paraphernalia used for cockfighting, and the euthanasia of thousands of birds. Such arrests generally can only take place after long, labor-intensive, and costly surveillance and information-gathering efforts allow the Department of Animal Services to obtain a search warrant to enter the property. The new ordinance will allow enforcement based on observations from a public area, which will make obtaining a search warrant related to cockfighting violations easier.

“We wanted to pass a law that was reasonable and didn’t appear punitive,” said Department of Animal Services director Dawn Danielson.

“Our current ordinances do not get the job done and do not protect the neighborhood,” said Supervisor Dianne Jacob. “This action is taking another step in the right direction to combat illegal cockfighting.”

The supporters from the public included Doug Murphy, who lives in unincorporated El Cajon. “We’ve been fighting a rooster problem in our neighborhood for 20 years,” he said.

“The current laws don’t work,” Murphy said. “The noise codes are ineffective.”

Dehesa Valley resident Kaaren Browning has also experienced problems with nearby roosters. “They start crowing at four in the morning. They don’t quit ‘till dark,” she said.

Browning raises bantams and disagreed with an initial proposal to reduce the staff-recommended limit by half (the reduction from two to one rooster on properties under half an acre was accepted). She noted that cockfighters raise their birds to be mean while roosters raised for pets, show, or personal poultry consumption tend not to generate the noise of birds prepared for cockfighting. She accepted what she felt was a reasonable limit. “One rooster per twelve hens is the poultry fact,” she said.

Tracey Alexander of Borrego Springs has also experienced problems with roosters in his neighborhood. “These roosters will not shut up,” he said. “It basically affects a lot of people.”

Alexander added that the distance between those roosters and the property line is about 250 feet.

Horn opposed the restrictions rather than the purpose. “I’m opposed to cockfighting and I think it’s wrong,” he said.

“I’m happy we can make it much more difficult for cockfighting,” Jacob said.

“I’m just happy the board passed the ordinance,” Carlson said. “I think it will go far to reduce cockfighting in the county.”

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