Chapter 10.08
KEEPING ANIMALS AND FOWL1
Sections:
10.08.010 Restrictions generally.
10.08.020 Animals allowed without permit.
10.08.030 Permit – Required for certain animals.
10.08.040 Permit – Conditions – Revocation or modification.
10.08.050 Regulations for keeping.
10.08.010 Restrictions generally.
(a) It is unlawful to keep, harbor or maintain within the city limits any nonhousehold animal, which includes but is not limited to horses, cows, sheep, goats, pigs, gulls, raccoons, deer, squirrels, geese, and any other domestic, domesticated, exotic or wild animal, other than those usually and ordinarily kept as household pets, and except as permitted by this chapter. Nonhousehold animals include any animal prohibited by Cal. Code Regs. Title 14, Sections 671 and 671.1.
(b) Property owner and occupant shall maintain property in a condition that does not keep, harbor or maintain nonhousehold animals on rooftops or the exterior of any building or structure.
(c) Properties and structures shall be maintained free of animal waste on any exterior surfaces of buildings and structures, including adjacent sidewalk areas. Property owners and occupants shall employ elimination methods in accordance with PGMC 9.30.130. Accumulation of animal waste shall constitute a public nuisance in violation of this section. [Ord. 17-010 § 2, 2017; Ord. 767 N.S. § 1, 1973].
10.08.020 Animals allowed without permit.
The following animals may be maintained without a permit:
(a) Three cats or dogs or a combination thereof on a parcel of land improved with a dwelling designed for a single family, or on any other parcel of land under a single ownership;
(b) Two cats or dogs or one of each in a duplex unit, apartment or a unit of a multiple-dwelling development;
(c) Repealed by Ord. 17-010;
(d) Common household pets, other than cats and dogs, such as guinea pigs, hamsters, reptiles and amphibians, aquarium-kept fish, cage-maintained birds, and rabbits, provided any such animal is not vicious or dangerous to human safety, or creates a public or private nuisance. The city manager or delegee shall determine any controversy respecting the nature of any animal or species of animals permitted under this subsection.
(e) Service animals as defined by the Americans with Disabilities Act, set forth at 28 CFR, Chapter 1, Sections 35.104, 35.136, as may be amended. [Ord. 17-010 § 2, 2017; Ord. 767 N.S. § 1, 1973].
10.08.030 Permit – Required for certain animals.
In any of the following cases, animals may be maintained within the city limits upon first obtaining a permit from the city manager, or delegee, after a finding that the maintenance thereof will not be contrary to the purposes of this chapter, a public or private nuisance, nor detrimental to property values or human health or safety:
(a) Cats and dogs in excess of the limits prescribed in PGMC 10.08.020;
(b) Bees and bee swarms in boxes or hives;
(c) Chickens;
(e) An animal or animals used exclusively for educational, or scientific, purposes;
(f) An animal or animals used for a temporary period of time in connection with a promotion, display or theatrical-type exposition, circus or performance and appropriate safeguards will be employed to protect the public health, safety and welfare; and
(g) Nonhousehold animals used for a temporary period of time for fire suppression with appropriate safeguards employed to protect the public health, safety and welfare.
The decision of the city manager, or delegee, shall be posted both at the property site and at City Hall for a period of 15 calendar days before the permit takes effect, and during that period may be appealed by any interested person to the administrative hearing officer under Chapter 1.19 PGMC. [Ord. 17-010 § 2, 2017; Ord. 09-003 § 2, 2009; Ord. 08-009 § 2, 2008; Ord. 767 N.S. § 1, 1973].
10.08.040 Permit – Conditions – Revocation or modification.
Any permit issued by the city may be subject to such conditions and time limitations as the city deems appropriate, and is subject to revocation or modification by the city manager, or delegee. Any person denied a permit, or to whom a notice of revocation or modification has been issued, may appeal the decision to an administrative hearing officer under Chapter 1.19 PGMC. [Ord. 17-010 § 2, 2017; Ord. 08-009 § 3, 2008; Ord. 767 N.S. § 1, 1973].
10.08.050 Regulations for keeping.
Any person who keeps or maintains an animal in the city, whether or not under special permit granted under PGMC 10.08.030, shall comply with the following regulations:
(a) The animal shall be confined in such place and manner as does not constitute a public or private nuisance;
(b) No garbage shall be fed to animals;
(c) Animal waste as defined as feces, food, or any other matter that emits an offensive odor shall be promptly collected and disposed of in accordance with PGMC 9.16.020. Animal waste shall not be permitted to accumulate so as to become offensive to any neighboring property, nor accumulate in any amount within 15 feet of any neighboring property, nor on any public property or private property belonging to others;
(d) If the city determines the keeping or maintaining of an animal may affect water quality or the environment, the property owner shall implement measures to eliminate pollution and prevent the migration of waste components to the storm drain system or any other environmental impacts. Installation of such measures may require permits from the city or other regulatory agency and are the sole responsibility of the property owner. [Ord. 17-010 § 2, 2017; Ord. 767 N.S. § 1, 1973].
10.08.060 Prosecutions.
In any prosecution under this chapter, the defendant shall have the burden of producing any permit issued by the city for an exception hereto. In any prosecution under this chapter, the person who is shown to be in possession of the premises shall prima facie be deemed in possession and control of any animals thereon kept or maintained. [Ord. 17-010 § 2, 2017; Ord. 08-009 § 4, 2008; Ord. 767 N.S. § 1, 1973].
10.08.070 Enforcement.
A violation of this chapter shall constitute an infraction, and may be enforced pursuant to Chapter 1.16 or 1.19 PGMC. [Ord. 17-010 § 2, 2017; Ord. 08-006 § 25, 2008; Ord. 833 N.S. § 4, 1975].
Prior ordinance history: Ord. 210 N.S. § 10-409 as amended by Ords. 352 N.S. and 491 N.S.