CITY OF LATHROP - ADOPTED ORDINANCE 25-464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ADOPT AN AMENDMENT TO THE LATHROP MUNICIPAL CODE (LMC) SECTION 6.16.010 TO REMOVE LOT SIZE RESTRICTIONS ON THE KEEPING OF FOWL WITHIN CITY LIMITS WHEREAS, during the January 13, 2025 Regular Meeting, Council discussed the Lathrop Municipal Code sections regarding keeping fowl within the city limits (LMC 6.16.010 through 6.16.040, 6.16.070, and 6.16.080). At that time, staff presented information on the existing Code, current enforcement procedures, and the potential impact of a change to the Code; and WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on March 10, 2025 to review and consider this Ordinance; and WHEREAS, this proposed code amendment is exempt according to the California Environmental Quality Act (CEQA) Article 5 SS15061 by the "Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and WHEREAS, by approving this Ordinance, the City Council finds that the proposed code amendment would simplify the Municipal Code in regard to keeping fowl and would support residents access to healthy, sustainable food sources while maintaining clean and sanitary conditions in residential areas by allowing homeowners with lots smaller than 1/3 acre to have chickens or other fowl as long as the enclosures meet safety and sanitation requirements; and WHEREAS, proper notice of this public hearing was given in all respects as required by law; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 6.16, titled "Livestock, Fowl, Rabbits, and Bees", of Title 6 "Animals", of the Lathrop Municipal Code, Section 6.16.010, is hereby amended as follows: Chapter 6.16 Livestock, Fowl, Rabbits and Bees 6.16.010 Keeping livestock, fowl, rabbits, and bees within the city limits. (B)(2) Fowl and Rabbits. No person shall keep or maintain any fowl or rabbit within the limits of the city on any lot less than one-third of an acre, except as provided for in subsection (B)(4) below. Section 2. Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage. Section 5. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy to be published in full accordance with Section 36933 of the California Government Code. THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 10th day of March 2025, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the 14th day of April 2025, by the following vote, to wit: AYES: Diallo, Dresser, Torres-O'Callaghan, and Akinjo NOES: None ABSENT: Lazard ABSTAIN: None TERESA VARGAS - CITY CLERK OF THE CITY OF LATHROP Publication Date: 04/18/2025 MB#04-50