18 ATTACHMENT 13 - Laserfiche WebLink

Jeffrey Bretzing From: Jeffrey Bretzing Sent: Friday, September 22, 2006 1:30 PM To: Jeffrey Bretring Subject: FW: Mayor Hosterman's Falcon -----Original Message----- From: Jeffrey Bretring Sent: Friday, September 22, 2006 1:26 PM To: Nelson Fialho; Michael Roush; Jerry Iserson Cc: Larissa Seto Subject: Mayor Hosterman's Falcon Nelson, Michael, and Jerry, I have compiled some information on falcons and Walter did some research earlier this week while I was away at training. Our action from this point will depend on our interpretation of the definition of some key words in our codes. Based on the following summary I recommend we consider the red-tailed hawk a fowl and advise the mayor that she needs to apply for a conditional use permit to keep the bird. Additionally, I would like to set up a physical inspection of the bird and the structure, along with Roy Ficken, and perhaps the master falconer who approved the structure, just to ensure it is safe. As with the chicken issues handled in the recent past, I see no reason why the mayor can't keep the bird during the time it takes for Planning to handle her application for a use permit. Here are some of the applicable sections used to come to this recommendation: 18.32.030 Permitted uses -subsection F. includes Household pets, defined in 18.08.245 as any animal of a domesticated species and specifically excludes fowl. Fowl is not defined in our code but my Webster's dictionary defines fowl as "any bird". 18.32.040 Conditional uses -subsection K. lists fowl. According to State Fish and Game a hawk (or any falcon) is considered a captive wild bird, not domesticated even if trained. In anticipation of the City considering granting a conditional use permit to the mayor for keeping fowl, Dan Carl has referenced 7.36.010 as he believes a hawk may cause damage or be a hazard to persons or property in the vicinity. We contacted California Fish and Game and verified that they had issued the mayor a falconry license which is required to own, possess, ortrain ared-tailed hawk. An inspection of her facilities and equipment was required prior to the issuance of the license. They did say that their approval is not intended to supersede our local residential zoning ordinance. Based on the fact the mayor is licensed to handle the bird and that we have received no complaints of any kind from the mayor's neighbors relating to the bird, I do not believe there is an immediate concern about a hazard to persons or property and therefore 7.36.010 would not apply.