City definitions

[Fenn]

I have a question regarding quail. In the city of Long Beach, CA fowl are permitted. Quail are not include in the definition of fowl. The definition mentions chickens, ducks, geese and pheasants and seafowl. If quail are not mentioned in the city code then does that mean I only need the proper license by the state and the city doesn't prohibit quail?

 

[Poulets De Cajun]

Quail are considered gamebirds, I believe. Check with your State Wildlife & Fisheries dept to see what kind of regulations and permits are needed to raise quail.

 

[Fenn]

I know that the state of California does require a gamebird breeders license, but I wanted to know if the limits on fowl by the city would have any effect on owning quail, because it doesn't specifically mention them. Long Beach limits the number of fowl to be twenty with regards to borders, but quail are smaller and their hutch would be a lot smaller than a coop.

 

[Sonoran Silkies]

What exactly is the city's definition? Legally, language used and not used, as well as the stated Rules of Construction make a huge difference. What kind of quail; that probably makes a huge difference in what requires a license. For example, if you wish to raise Button Quail, I doubt a license is needed. If you wish to raise California or Gambel's Quail you probably do.

Hi Chris, long time no see!

 

[Fenn]

Sorry for the upcoming length. This is all of the code regarding fowl in Long Beach Municipal Code, except prohibition section on dyeing fowl and rabbits.
Also, I am planning on Coturnix Quail. I am waiting on the information packet from the state DFG on quail breeding. He wouldn't answer any questions over the phone until I read through the packet, which I thought was odd.

6.20.010 - Definitions.

The following words, as used in this chapter, shall have the signification attached to them in this section, unless otherwise clearly apparent from the context:

A.

"Coop" means and includes any pen, coop or enclosure wherein live fowl are kept and maintained.

B.

"Crowing fowl" means and includes any male fowl capable of making a sound peculiar to its species or type.

C.

"Fowl" means and includes male and female chicken, duck, goose, seafowl, peacock, turkey and pheasant.

(Ord. C-7781 § 1, 2001)

6.20.020 - Fowl—Number restricted.

No person shall keep or maintain more than a total of twenty (20) live fowl or any combination of such animals on any lot or parcel of land within the city.

(Ord. C-7781 § 1, 2001)

6.20.030 - Fowl—Distance from dwelling.

A.

Except as provided in Subsection 6.20.030.B., no person shall keep or maintain any live fowl within the city less than fifty feet (50') from any single-family or two-family dwelling or less than one hundred feet (100') from any hotel or dwelling occupied by, or designed for the occupancy of three (3) or more families.

B.

One (1) live fowl may be kept or maintained as a pet on any lot or parcel of land within the city, provided that the pen, coop or other such enclosure for any such pet fowl shall be no less than twenty feet (20') from any structure designed or used for human habitation.

(Ord. C-7781 § 1, 2001)

6.20.050 - Crowing fowl prohibited.

No person shall keep or maintain or cause to be kept or maintained any crowing fowl.

(Ord. C-7781 § 1, 2001)

6.20.060 - Fowl—Dealers exempt.

Nothing contained in this chapter shall be deemed to prohibit the keeping of fowl by regularly licensed dealers for the purpose of sale at their respective places of business. Such animals shall be kept and maintained in a clean and sanitary condition and such dealers shall conform to and abide by the rules and regulations of the health department with reference to the keeping of such animals on the premises of such dealers.

(Ord. C-7781 § 1, 2001)

6.20.070 - Fowl—Enclosure sanitation.

Wherever live fowl are permitted to be kept or maintained in the city, no person, so keeping or maintaining such fowl, shall fail at any time to keep the coops, pens or yards wherein such fowl are enclosed in a clean and sanitary condition nor shall fail to remove the manure or other debris from such enclosures daily. No person shall fail to conform to and abide by the rules and regulations of the health department with reference to the keeping of such fowl in such enclosures.

(Ord. C-7781 § 1, 2001)

6.20.080 - Fowl—Running at large prohibited.

No person shall allow any fowl owned or controlled by such person to run at large.

(Ord. C-7781 § 1, 2001).

6.20.090 - Fowl—Impoundment—Food and water.

No person shall impound any live fowl unless provision is made by such person for the proper feeding and the furnishing of water to such fowl at intervals not longer than twelve (12) hours apart.

(Ord. C-7781 § 1, 2001).

6.20.100 - Fowl—Impoundment—Coop size.

No person shall impound any live fowl in a coop which is less than twice as large in floor space or standing room as the total size of all live fowl which may be impounded therein, and which is not sufficiently high as to permit each fowl impounded therein to stand in a natural erect position.

(Ord. C-7781 § 1, 2001).

6.20.110 - Fowl—Wing locking prohibited.

No person handling live fowl shall lock the wings of such fowl.

(Ord. C-7781 § 1, 2001).

 

[Sonoran Silkies]

What the heck is wing locking? Pinioning?

Okay, quail are not included unless they somehow qualify as seafowl or pheasants

However the "The following words, as used in this chapter, shall have the signification attached to them in this section, unless otherwise clearly apparent from the context" could be construed to include quail. This is the kind of loophole that could favour either you or the city if it came to court--all depending on the judge's ruling.

They probably wanted you to read the packet first as they think it answers most of the likely question. Once they weed those out, they will deal with specific questions. Don;t be surprised (given that they wanted you to read the packet first) if they take your question and say they will get back to you--keeping a written trail of information supplied.

 

[Rozzie]

I'm not a lawyer, so take this for what it's worth.

In dealing with laws and ordinances, definitions are EVERYTHING. You codes define fowl (from what you cut/pasted) as:

""Fowl" means and includes male and female chicken, duck, goose, seafowl, peacock, turkey and pheasant."

Quail is not listed. This was probably an oversight on their part BUT they can't say you are violating anything that refers to fowl if you have quail (or pigeons). You are in the clear as far as that code goes BUT that doesn't mean there aren't other rules at some other level that could prohibit you from having them. Make sure you check every level of bureaucracy from Homeowners Associations to your County laws, and even state laws. You are right to be checking Fish & Game. There could be something there.

That said, I'd be careful not to be a nuisance with the birds -- keep them as far from neighbors as possible, and control odors stringently. Make sure you don't end up with flies, etc. The fact that quail aren't prohibited under the definition of fowl doesn't mean they can't get you on something else. There is usually some code somewhere that has something about odors or insects or pests. Plus, they can come up with a way to sic the Health office or CPS on you as a last resort to make life miserable. They might not win but it could be a problem anyway. The more you plan ahead to alleviate potential problems, the better.

 

[Fenn]

Thanks for the reply. I figured it was something like that, but I wanted to be sure before I decide anything. The written trail seems to be the case for reading the packet first as well. The guy told me to correspond in email. I will probably be keeping the limit close to 20 anyway. Now I have to finish convincing my brother in law to let me use his backyard. Thank God he is even considering it.

 

[Fenn]

Rozzie, Thanks. I didn't read your post before I posted sorry.
My brother in law has a 12k sqft lot. His neighbors are very friendly and I have met them both. Neither of them care too much. Also, birds, raccoons, skunks, and opossums are always in the neighborhood. I have some ideas to help keep the odor down. I think I have some scrap stainless steel that I can use as trays. I'm still trying to think of a way to keep the hardware cloth clean, but that is getting off topic.
The distance to any living quarters would be very far.

 

[Rozzie]

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