Temporary Injunction against the Ban on Urban Chickens in Oakland

Whereas egg/meat prices are rising due to high transportation fuel costs, causing trouble for fixed income elderly residents and other lower-income residents of Oakland;

Whereas the diesel transport of factory farmed eggs and other food to Oakland supermarkets represents a vaste waste of fuel and harmful to the environment;

Whereas residents in other cities around the world (including Santa Rosa, Portland OR, Spokane WA, Topeka KS, Santa Fe NM, Burlington VT, Little Rock AR, Shenzhen Guangzhou, source: http://home.centurytel.net/thecitychicken/chickenlaws.html) enjoy having chickens as sources of food and/or friendship;

We, the residents of Oakland, enjoin Oakland Police Department Animal Control to rescind their "take down" order of removing chickens (hens) and other fowl from any private residence of Oakland immediately, until the City Council can amend the municipal code banning private fowl ownership, to instead allow residents to keep fowl (chickens, ducks, geese) on their property as long as the birds stay within property boundaries; we provide amended copy of the ordinance in question below, to fully allow chicken rearing on private and public properties, for the purpose of promoting a secure and sustainable food system for Oakland.


Sincerely,

Tax-paying Residents of Oakland


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This is the existing municipal code we want changed, in Chapter 6.04 ANIMAL CONTROL REGULATIONS GENERALLY.

ORIGINAL Code:

6.04.320 Keeping of fowl.
It is unlawful for any person to keep any ducks, geese, chickens or other fowls in any enclosure in the city unless the exterior boundaries of said enclosures are more than twenty (20) feet from any dwelling, church or school.
It is unlawful for any person to keep, harbor or maintain roosters within the city limit.
This section shall not prohibit the activity authorized under Section 6.04.290 of this code.
This section shall also not apply to and is not intended to regulate any commercial activity that is already regulated by the Oakland Planning Code. (Ord. 12705 3, 2005: Prior code 3-9.28)


NEW COPY DESIRED:

6.04.320 Keeping of fowl.
It is LAWFUL for any person to keep up to FOUR (4) ducks, geese, chickens or other fowls in any enclosure in the city unless the exterior boundaries of said enclosures are less than three (3) feet from any other party's dwelling; a church or a school.
It is LAWFUL for any person to keep, harbor or maintain roosters within the city limit as part of his/her allotment of FOUR (4) fowl, as long as 95\% of residents within 250 feet of a given bird-holding lot give written permission to the rooster owner to keep roosters on hand. Permission must be re-requested every two years and kept on file with the city.
It is ALSO lawful to keep chickens on public property including but not limited to City Hall, as long as the city contracts out chicken care and maintenance to a LOCALLY OWNED and operated entity (business or nonprofit), which will then serve other LOCAL businesses, elderly residences, homeless shelters and/or farmers markets.