This one takes the capon.

The California Sixth Appellate District in Perez v. County of Monterey County on Valentine’s Day found a rational basis for requiring Monterey County residents to get a County permit to keep more than 4, but less than 200, roosters on their properties. Who knew Monterey County had a detailed regulatory scheme over roosters? County ordinances do not permit residents to keep more than 4 roosters on their property, or less than 200 roosters, without a permit. There are other exceptions to the permitting process. For example, children can keep more than four roosters without a permit and residents cannot keep more than four roosters if they have been convicted of cockfighting.

In Perez, plaintiff was cocksure these rooster-keeping regulations were unconstitutional, and deprived him of his property right to keep more than 4 roosters on his property without a permit, was a taking, and violated the Interstate Commerce Clause.

Unsurprisingly, the Court left him little to crow about. It found a rational basis for the regulatory scheme as a –

. . . comprehensive approach to the keeping of five or more roosters that balances promotion of agriculture and agricultural education with prevention of operations that are unsanitary, inhumane, environmentally damaging, and potentially conducive of illegal conduct.

Which brings us to this conclusion, if you live in Monterey County consult your counsel if you own roosters. You may have to permit those cock-a-doodle-dos.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.