Perez

Perez v. Cnty. of Monterey

Good Law
243 Cal. Rptr. 3d 683·32 Cal. App. 5th 257
Court of Appeal of CaliforniaFebruary 14, 2019H044364California2,500 words

Opinion

Lead Opinion

Grover, J.

*260 Plaintiffs Heriberto Perez and Miguel Angel Reyes Robles appeal a defense *687 judgment in their action for declaratory relief against the County of Monterey. Plaintiffs sought to invalidate as unconstitutional a county ordinance limiting the number of roosters that can be kept on a property without a permit. We agree with the trial court that the ordinance does not violate the Constitution and will therefore affirm the judgment.

The challenged ordinance provides that no one may keep more than four roosters on a single property without a rooster keeping operation permit. (Monterey County Ordinance No. 5249 added Chapter 8.50 to Title 8 of the Monterey County Code; unspecified citations are to this code.) A permit can be obtained by application to the county Animal Control Officer. (§ 8.50.040(A).) The application must include a plan describing the "method and frequency of manure and other solid waste removal," and "such other information that the Animal Control Officer may deem necessary to decide on the issuance of the permit." (§ 8.50.040(C)(3)-(4).) A permit cannot be issued to anyone who has a criminal conviction for illegal cockfighting or other crime of animal cruelty.…

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