A draft of an ordinance that will regulate crowing fowl in San
Benito County moved closer to becoming reality Wednesday after it
was reviewed by the county Planning Commission, which seemed
inclined to bring relief to county residents who have had their
fill of noisy roosters.
Hollister – A draft of an ordinance that will regulate crowing fowl in San Benito County moved closer to becoming reality Wednesday after it was reviewed by the county Planning Commission, which seemed inclined to bring relief to county residents who have had their fill of noisy roosters.

Planning commissioners stopped short of recommending that the Board of Supervisors adopt the crowing fowl ordinance, which has been in the works for several months. But they did schedule a March 15 public hearing on the topic, after which they will make a recommendation to supervisors.

Residents on Lone Tree Road have been complaining for months about being awakened before dawn each day by nearly 500 crowing cocks housed on a rooster ranch that moved into their neighborhood about a year ago. Under the county’s current zoning, a person can house up to 499 roosters on agricultural productive land – the zoning of the property on Lone Tree Road.

In an effort to deal with the problem, former County Counsel Claude Biddle has crafted an ordinance that will limit how many crowing fowl people have on their property and how the birds are housed. The ordinance, which is still in draft form, will require a property owner to get a permit if they have one to 11 crowing fowl. If a person wants to have 12 or more noisy birds, they will have to go before the planning commission and seek a conditional use permit. The ordinance will also require that the birds be kept in a way that will not create a nuisance, such as in a sound-proof enclosure or behind a sound wall.

“What we would love is you get this pushed through so we don’t have to deal with it,” neighbor Dave Rovella told the commission. “It’s been nine months and we’re tired of it.”

Though planning commissioners seemed to sympathize with the plight of the Lone Tree Road residents, they voiced some concerns that the crowing fowl ordinance, which is aimed at abating noise nuisance, would have unintended consequences.

Commissioner Mark Tognazzini was worried that the ordinance – though it does not apply to hens – might have a negative affect on commercial poultry operations. Chief among his concerns was that requiring roosters to be housed in soundproof buildings would create an undue financial burden for bird businesses.

“It bothers me that it can conceivably affect them,” he said. “It’s hard enough to make it in the business.”

Commission Chair Daniel Devries was concerned that the crowing fowl ordinance would create difficulty for residents who live in the nether-reaches of the county where they have no close neighbors.

“This should not have an affect on people out in the middle of nowhere,” he said.

Commissioner Richard Bettencourt suggested that the ordinance include a sliding scale, so that the number of crowing fowl needed to trigger the permit requirement would be based on the size of the property where the birds will be housed.

Following the discussion Wednesday, the commission directed planning staff to address the concerns in a revised draft of the ordinance. It will get another round of discussion on March 1 before the public hearing on March 15.

Luke Roney covers local government and the environment for the Free Lance. Reach him at 831-637-5566 ext. 335 or at [email protected]

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