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Council reinstates chicken regulations with urgency ordinance, schedules second reading
Summary
Atherton reinstated rules on keeping chickens by adopting an urgency ordinance to make regulations effective immediately and held the ordinance’s first reading; the council discussed permit counts, setback and enclosure requirements, and enforcement.
The Atherton Town Council on Feb. 5 adopted an urgency ordinance reenacting regulations on keeping chickens and then introduced a companion regular ordinance for first reading.
Staff told the council that a 2016 ordinance permitting and regulating chickens had been inadvertently omitted when the town’s animal‑keeping chapter was repealed and reenacted in 2023. The urgency ordinance was presented to restore the prior rules immediately; adoption required a four‑fifths vote to take effect right away.
City staff described the ordinance as a reenactment of prior rules in Atherton Municipal Code chapter 6.04, including enclosure and setback standards. Code Enforcement Officer Lisa Marie Daly said enforcement is complaint‑driven and that the town relies on neighbor complaints to identify violations. “Assuming you have that 8 foot from the building, 20 foot from the fence line, we would have no way to know unless a neighbor called,” Daly said.
Council members discussed permit takeup and the ordinance’s numeric limits. Staff reported that only two residents currently hold chicken permits; councilors reviewed the draft thresholds in the ordinance as presented: no chickens on lots under half an acre; up to three chickens on 0.5–1 acre; up to 10 chickens on 1–2 acres; and up to 20 chickens on lots larger than about 2 acres. Some council members suggested raising the permitted minimums to match how chicks are commonly sold in multiples (several councilors proposed 6, 12 and higher thresholds to improve convenience for residents buying young birds), but staff recommended adopting the urgency ordinance as written and returning with any numeric changes at second reading so the regulations would be effective immediately.
The council adopted the urgency ordinance and then voted to introduce the regular ordinance (first reading). Mayor Rick Widmer moved to adopt the urgency ordinance; Vice Mayor Holland seconded. Roll call votes were recorded in favor. The council directed that the second reading and any amendments be considered at a subsequent meeting.
Councilors and staff also discussed public outreach options — including placing information in the Town newsletter (“the Athertonian”) — and the public‑health rationale for knowing who keeps birds in the town so officials can contact owners about risks such as avian influenza.
The urgency ordinance restores the town’s prior requirements and makes the rules enforceable immediately; the second reading of the regular ordinance will return to the council for any changes.
