Chapter 6.12
LIVESTOCK, FOWL, WILD ANIMALS, BEES-PERMIT TO KEEP

Sections:

6.12.010    Keeping of certain animals as public nuisance.

6.12.020    Keeping livestock and domestic fowl prohibited generally.

6.12.030    Keeping of wild animals prohibited generally.

6.12.040    Keeping of bees.

6.12.050    Permit to keep livestock, domestic fowl, wild animals, or bees.

6.12.060    Application for permit.

6.12.070    Revocation of permit.

6.12.080    Appeal of revocation of permit.

6.12.090    General regulations for the keeping of animals.

6.12.010 Keeping of certain animals as public nuisance.

It is unlawful and shall constitute a public nuisance for any person to keep within the limits of the city any animal, fowl or livestock which:

A.    Unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood in which the same is kept by reason of noise, odor or other offensive conditions created by, or resulting from the keeping of such animal, fowl or livestock; or

B.    Interferes with any person in the reasonable and comfortable enjoyment of life or property; or

C.    Creates a significant risk of injury to life or property. (Ord. 241 §1(part), 1981).

6.12.020 Keeping livestock and domestic fowl prohibited generally.

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land within the city owned by or under the control of such person, any cattle, horses, mules, donkeys, burros, swine, sheep, goats, rabbits, chickens, ducks, geese, turkeys, pigeons, game birds or other domesticated animals or fowl, except as specifically permitted under provisions of this chapter. A violation of this section is an infraction. (Ord. 241 §1(part), 1981).

6.12.030 Keeping wild animals prohibited generally:

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land within the city owned by or under the control of such person, any animal commonly designated as a "wild species," including but not limited to lion, tiger, leopard, bobcat, cheetah, puma, bear, monkey or other member of the ape family, rodent, serpent or reptile, except as specifically permitted under provisions of this chapter. A violation of this section is an infraction. (Ord. 241 §1(part), 1981).

6.12.040 Keeping of bees:

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land within the city owned by or under the control of such person, a hive of bees, except as specifically permitted under provisions of this chapter. A violation of this section is an infraction. (Ord. 241 §1(part), 1981).

6.12.050 Permit to keep livestock, domestic fowl, wild animals, or bees.

A.    Notwithstanding the provisions of Sections 6.12.020, 6.12.030 and 6.12.040 of this chapter, a person may keep within the city species of livestock, domestic fowl, wild animals, or bees described in those sections upon obtaining from the chief animal control officer a permit to do so. In order to issue such a permit the chief animal control officer must find, after investigation, that such keeping would not endanger persons or property, would not create a public nuisance under the provisions of Section 6.12.010 of this chapter, and would not be contrary to state law or any other city ordinance, specifically including the city zoning ordinance; he also must determine that the place of keeping is not within fifty feet of any family residence or building designated for human occupation, other than a building or residence occupied by the keeper.

B.    Before acting upon an application for such permit, the chief animal control officer shall submit to the planning commission a copy of the application, together with a copy of his investigation report and a statement of his decision; a copy of the investigation report and of the statement of decision shall at the same time be mailed to the applicant. If the chief animal control officer decides to issue the permit, a copy of the statement of decision must be mailed to all owners of property contiguous to the applicant’s property. Within twenty days after the date of such submission, the decision of the animal control officer may be appealed to the city council by the planning commission, the applicant or by a contiguous property owner by filing a written notice of appeal with the city clerk. If no such appeal is filed within said twenty-day period, the chief animal control officer may take action to approve the permit, approve the permit subject to conditions, or deny the permit, in accordance with the statement of decision submitted to the planning commission.

C.    If an appeal of the chief animal control officer’S decision is taken pursuant to the provisions of subsection B of this section, the city council shall, upon not less than ten days’ prior written notice to the planning commission and to the applicant, hold a public hearing upon said application. Upon the conclusion of such hearing it shall render its decision, which shall be final.

D.    Upon the filing of an application for permit under this section, the chief animal control officer may, in his discretion, issue a temporary permit to the applicant if he finds, from all of the circumstances of the particular case, that it would be reasonable to do so and that doing so would not create a danger to persons or property or create a public nuisance under the provisions of Section 6.12.010 of this chapter. Such temporary permit shall expire on the date that final action is taken upon such application.

E.    Fees and charges for filing and processing a permit application under this section shall be established, and from time to time may be amended, by resolution of the city council.

F.    Notwithstanding the provisions of this section and of Sections 6.12.020 and 6.12.030 of this chapter, no permit shall be required for the keeping of mice, guinea pigs, hamsters or small birds (other than birds of prey), which are confined in cages, or tropical or gold fish in aquariums. (Ord. 241 §1(part), 1981).

6.12.060 Application for permit:

An application for any permit required pursuant to Section 6.12.050 of this chapter shall be made to the chief animal control officer in writing upon a form furnished by said officer, containing such information as the chief animal control officer shall require in order to make a determination. The fee for a permit shall be as established from time to time by resolution of the city council and shall not be refundable. Permits granted shall be for the period of one year. An application for renewal of a permit shall be made at least forty-five days prior to the expiration thereof and shall be accompanied by the same fee required at the time for an original application. (Ord. 241 §1(part), 1981).

6.12.070 Revocation of permit:

The chief animal control officer may, for good cause, revoke any permit or modify the terms and conditions of any permit after informal public hearing, written notice of which shall be served upon the holder of the permit at least ten days prior to the date of the hearing; provided, that in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the chief animal control officer may suspend or modify any permit without hearing for a period of not to exceed thirty days. (Ord. 241 §1(part), 1981).

6.12.080 Appeal of revocation of permit:

Any person aggrieved by any action of the chief animal control officer taken pursuant to the provisions of Section 6.12.070 may, upon the payment of an appeal fee fixed by resolution of the city council, have such action reviewed by the city council, but the filing of such an appeal shall not stay any order of revocation or modification of such permit. (Ord. 241 §1(part), 1981).

6.12.090 General regulations for the keeping of animals.

The following regulations shall apply to the keeping of animals of all kinds within the city:

A.    All animals shall be kept in a clean and sanitary fashion. If the number of animals kept, or the level of care exercised in the keeping of animals is such that the refuse of the animals, or the condition of the animals themselves is evidence of neglect, the chief animal control officer may take remedial action. Upon notice, any person who does not clean up the area where animals are kept, or who fails to provide such care of said animals as the officer requests, shall be in violation of this section.

B.    Animals confined in an enclosed area shall be provided with an adequate exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal’s access to adequate shelter, food, and water. The provision of subsection B shall not apply to an animal which is in transit, in a vehicle, or in the immediate control of a person.

C.    It is the duty of the owner to care for his animals. It shall be a violation of this section fora person to fail to provide the necessary food, drink and shelter for his animals;

D.    Notwithstanding any other provision of this title, the maximum number of dogs which shall be kept within one household is four. Likewise, the maximum number of cats which maybe kept within one household is four. A household may possess both dogs and cats, but no more than four of each. For purposes of this section, animals under the age of four months shall not be counted. A violation of this subsection is an infraction. (Ord. 241 §1(part), 1981).