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The Atherton City Council unanimously passed an urgency ordinance to once more regulate backyard chickens after a section of the town’s municipal code relating to chicken husbandry was inadvertently deleted in 2023.
According to City Attorney Mona Ebrahimi, Atherton had amended its municipal code regarding animal control and husbandry in 2023 to better coordinate with San Mateo County, which handles animal control for the town. However, in altering those codes the town inadvertently left chickens unregulated. Consequently, code enforcement was unable to address any chicken issues that arose.
Atherton first put chicken regulations on the books in 2016. At that time, the council voted to allow residents with a permit to keep three chickens on lots between a half-acre and one acre, 10 chickens on lots between one and two acres, and 20 chickens on lots more than two acres. Schools with more than two acres were allowed to keep up to 40 chickens for educational purposes.
The urgency ordinance reinstated all of the same rules from 2016. In addition to the lot size requirements, the ordinance outlines requirements for chicken enclosures. Chicken enclosures must be within the buildable area of the lots and must not be over six feet tall or over 120 square feet. The enclosures are required to be set back at least eight feet from the main residence on the property, and at least 20 feet from the rear and side property lines.
The ordinance also requires that chicken enclosures be kept tidy and sanitary, and that any water runoff from the enclosures should not run onto the neighboring properties. The ordinance also prohibits roosters from being kept in Atherton.
The council also discussed how to encourage residents to obtain permits for their chickens, as many currently have unpermitted chickens. City Manager George Rodericks said that only two Atherton residents have ever pulled a chicken permit.
The council talked about additional ways that the town can educate chicken owners about proper chicken husbandry and the need for a permit, such as writing an article in the town newsletter, continuing to educate chicken owners at the town’s annual Earth Day event, and educating the public when code enforcement officers respond to chicken complaints.
Council member Rick DeGolia said that the town should make it convenient for residents to own chickens so that they are encouraged to obtain a permit. He suggested that the council consider increasing the minimum number of chickens allowed on half-acre and one acre properties as well.
“I think, as a council, there’s no reason not to encourage people to have chickens,” he said.
Other council members said that it is important for the town to encourage residents to get chicken permits so that its code enforcement officers can ensure that chicken owners are keeping their chickens healthy and safe, and are receiving any necessary updates about diseases that might affect backyard chicken flocks.
“I think the most important thing is the health and safety component of owning chickens,” said Vice Mayor Stacy Miles Holland. “We should know who has chickens so we can tell them about stuff like the bird flu.”
The council ultimately voted to adopt the ordinance as-is, and to revisit the issue of chickens if any residents feel strongly about changing the chicken regulations.
“I think if chicken owners want to increase the number of chickens, they should let us know going forward,” said Council member Bill Widmer.
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