Chapter 6.40
ANIMAL FANCIER’S PERMITS

Sections:

6.40.010    Permit required.

6.40.020    Dogs and cats limitation.

6.40.030    Chickens, pigeons, doves, and rabbits limitation.

6.40.040    Beekeeping.

6.40.050    Permit information.

6.40.060    Approval of application.

6.40.070    Revocation and suspension.

6.40.080    Inspection.

6.40.090    Impoundment.

6.40.100    Permit renewal.

6.40.110    Temporary animal fancier’s permit.

6.40.120    Animal fancier’s permit exemptions.

6.40.130    Animal fancier’s permit denial or revocation hearing.

6.40.140    Animal fancier’s permit denial or revocation hearing decision.

6.40.150    Fees and charges.

6.40.010 Permit required.

A person shall not keep more animals than allowed under Article I of Chapter 6.10 without first applying for and obtaining from the animal services manager an animal fancier’s permit. Fees for keeping of animals for which an animal fancier’s permit is required shall be established by resolution of the city council. (Ord. 16-2018 § 1, 6-5-18.)

6.40.020 Dogs and cats limitation.

On real property zoned residential, a pet owner shall obtain a permit pursuant to this chapter to keep more animals than permitted under Section 6.10.010, but not more than four dogs or seven cats or a combination of such animals not to exceed seven animals, four of which may be dogs. (Ord. 16-2018 § 1, 6-5-18.)

6.40.030 Chickens, pigeons, doves, and rabbits limitation.

(a)    On real property zoned residential, a pet owner shall obtain a permit pursuant to this chapter to have more than six chickens, pigeons, doves, or rabbits.

(b)    The number of such animals allowed shall be based on lot size as follows:

(1)    Lots with an area of 10,000 square feet or more, not more than 10 of one species of animal.

(2)    Lots with an area of one-half acre or more, not more than 15 of one species of such animal.

(c)    A maximum of two species of those animals allowed under this section may be kept on one lot. (Ord. 16-2018 § 1, 6-5-18.)

6.40.040 Beekeeping.

(a)    It is unlawful to maintain any hive of bees on any lot or parcel within the city without first obtaining a permit in accordance with this chapter.

(b)    The number of such animals allowed shall be based on lot size as follows:

(1)    Lots with an area of one-half acre or more, not more than five beehives.

(2)    Lots with an area of 10,000 square feet or more, not more than three beehives.

(3)    Lots with an area of 8,000 square feet or more, not more than two beehives.

(4)    Lots with an area of 6,000 square feet or more, not more than one beehive.

(5)    Lots with an area of less than 6,000 square feet shall not be allowed to have any beehives.

(c)    No hive may be kept or maintained within any required front or side yard setbacks.

(d)    All hives must be maintained at least five feet from the fence line.

(e)    All bee colonies must be maintained properly to prevent bees from swarming.

(f)    All hives must be provided a source of fresh clean water on the same lot or parcel as the hive. (Ord. 16-2018 § 1, 6-5-18.)

6.40.050 Permit information.

The application for an animal fancier’s permit shall include the following information:

(a)    The applicant’s name, address and telephone number.

(b)    Address of the proposed location where the animals will be maintained.

(c)    Name, address, telephone number of the property owner of the proposed location if different from the applicant.

(d)    Name of educational organization and the name, address and telephone number of the project leader where applicable.

(e)    Name of species of animals to be maintained and number of animals.

(f)    Description of the housing facilities and the proposed location on the lot where the housing facilities will be placed.

(g)    Purpose for the keeping of animals on the property.

(h)    Any other information the animal services manager deems necessary. (Ord. 16-2018 § 1, 6-5-18.)

6.40.060 Approval of application.

Upon receipt of an application for an initial animal fancier’s permit or upon the receipt of an application for an animal fancier’s permit renewal, the animal services manager shall make any investigation he/she deems proper. He/she may approve an application if he/she finds all of the following:

(a)    The keeping of the animals at the location specified in the application will not violate any ordinance or other regulation of this city or any law of the state;

(b)    The keeping and maintenance of the animals will not endanger the peace, health or safety of persons in the immediate vicinity or in the city as a whole and will not constitute a nuisance;

(c)    The premises and housing where the animals are to be kept are in clean and sanitary condition, and the animals will not be subject to suffering, neglect, cruelty or abuse; and

(d)    The applicant has corrected any deficiencies that may have caused a previous permit to be revoked, suspended or denied. (Ord. 16-2018 § 1, 6-5-18.)

6.40.070 Revocation and suspension.

(a)    Any animal fancier’s permit issued pursuant to this chapter may be revoked if, after investigation, the animal services manager finds any of the following to be true:

(1)    The permittee, his/her agent, or employee has been convicted of any offense involving the violation of the California Penal Code relating to cruelty to animals (Cal. Penal Code § 597) or is in violation of the city, county, state or federal laws relating to the regulation or keeping of animals;

(2)    The permittee has failed to keep and maintain the premises or housing for the animals in a clean and sanitary condition;

(3)    The permittee has, at the place for which the permit is issued, failed to provide any animal with proper food, water, shelter or attention;

(4)    The permittee has violated any rules, regulations or conditions adopted by the animal services manager as necessary to ensure an animal will not endanger the safety of any person or property; or

(5)    The permittee has changed the location where an animal is kept, or sells, assigns, transfers, donates, leases, or otherwise disposes of an animal for which the permit was issued.

(b)    If, after investigation, the animal services manager concludes that it is possible that one or more of the above grounds for revocation has occurred, he/she shall cause written notice thereof to be transmitted by registered mail to the address of the permittee. The notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before the animal services manager thereon. The informal hearing date shall be not less than five days subsequent to the date of deposit of the notice in the mail.

(c)    After the informal hearing, the animal services manager may modify the terms of the permit or revoke the permit depending upon the permittee’s ability and/or willingness to comply with the requirements of this chapter.

(d)    In the event that it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the animal services manager may suspend any permit summarily, without a hearing, for a period not to exceed 30 days. (Ord. 16-2018 § 1, 6-5-18.)

6.40.080 Inspection.

(a)    The permittee must present the animal fancier’s permit for inspection upon the request of any person authorized to enforce this title.

(b)    The premises on which an animal is maintained pursuant to an animal fancier’s permit shall be open at any reasonable hour for inspection by the animal services manager. (Ord. 16-2018 § 1, 6-5-18.)

6.40.090 Impoundment.

The animal services manager shall have the authority to enter the premises, at any reasonable hour, and to take up, impound and safely keep any animal upon revocation, suspension or denial of an animal fancier’s permit. The owner shall surrender possession of the animal(s) upon demand of the animal services manager. Procedures for the reclamation, redemption or destruction of impounded animals shall be governed pursuant to this title. (Ord. 16-2018 § 1, 6-5-18.)

6.40.100 Permit renewal.

(a)    Animal fancier permits are renewed one, two or three years from the date the permit was issued. A permit inspection shall be done before the new permit or renewal permit is issued. Renewal fees are due on the anniversary date and considered delinquent after 30 days. A late fee will be applied after the 30 days. The fee for the issuance of a renewal permit and associated late fee shall be established by resolution adopted by the city council.

(b)    Any animal fancier’s permit that is delinquent is considered out of compliance and may be denied.

(c)    If a delinquent animal fancier’s permit is renewed, the actual anniversary date of the animal fancier’s permit does not change.

(d)    In the event animals kept pursuant to an animal fancier’s permit are relocated in the city, a renewal permit shall be obtained.

(e)    If, during the preceding year or years, more than one initial animal fancier’s permit has been issued to the same permittee, the animal fancier’s permits may be consolidated so that only one renewal permit is required; provided, however, that the renewal date for the consolidated permit shall be the expiration date of the earliest initial permit. (Ord. 16-2018 § 1, 6-5-18.)

6.40.110 Temporary animal fancier’s permit.

(a)    Chickens, not including roosters, ducks or rabbits, may be kept on a temporary basis for educational purposes on any lot used primarily for residential purposes; provided, that a temporary animal fancier’s permit has been obtained from the animal services manager.

(b)    Lambs, kids and calves may be kept on a temporary basis for educational purposes on any lot used primarily for residential purposes; provided, that a temporary animal fancier’s permit has been obtained from the animal services manager and subject to the following criteria:

(1)    No more than one such animal may be kept on a minimum lot size of 6,000 feet.

(2)    Not more than two such animals may be kept on lots of 10,000 square feet or greater.

(3)    Structures and fences for the keeping of such animals shall be subject to rules and regulations established by the animal services manager.

(c)    Permits issued pursuant to this section shall not be issued for more than six months. (Ord. 16-2018 § 1, 6-5-18.)

6.40.120 Animal fancier’s permit exemptions.

The following persons are not required to obtain an animal fancier’s permit as provided in this chapter:

(a)    Owners who use animals for diagnostic purposes or research, and who have a valid permit issued by a governmental agency and whose animals are kept on the premises specified in the permit.

(b)    Owners who use animals for teaching purposes in recognized educational institutions and whose animals are kept on the premises of the institution or other authorized place.

(c)    Owners of establishments which treat or board animals on the premises and which are owned or operated by veterinarians licensed by the state of California.

(d)    Owners who are engaged in agriculture as a permitted or conditional use pursuant to Title 18 and in connection therewith on the premises affected keep animals as beasts of burden (such as horses, donkeys, mules or burros), or raise animals as farm animals in dairying and animal and poultry husbandry.

(e)    Owners of riding academies and stables and premises on which they are operated as a permitted use pursuant to the city’s zoning ordinance. (Ord. 16-2018 § 1, 6-5-18.)

6.40.130 Animal fancier’s permit denial or revocation hearing.

(a)    If the animal services manager seeks to deny the application or renewal of or revoke an animal fancier’s permit following the informal hearing in Section 6.40.070, if applicable, the animal services manager shall send to the applicant or permit holder a notice of intent to deny or revoke which states the following:

(1)    The reason(s) for the denial or revocation;

(2)    That the applicant or permit holder may appeal the intended decision by requesting a hearing in writing;

(3)    That the request for a hearing must be received by the animal services manager within 10 business days after the date that a copy of the notice of intent to deny or revoke was placed in the mail; and

(4)    Failure to request a hearing within the time specified may result in seizure of any animals that require the animal fancier’s permit.

(b)    Failure to apply for an animal fancier’s permit by an owner terminates the right to a hearing to contest the denial of an animal fancier’s permit.

(c)    Upon service of a request for a hearing, the animal services manager shall set the date, time and place for the hearing. The animal services manager shall cause notice of the hearing to be personally served or by first-class mail, postage prepaid, mailed to the person requesting it at least five business days before the date of the hearing. The hearing shall be conducted in accordance with the provisions of Section 6.60.080.

(d)    The animal services manager may cause notice to be sent pursuant to Section 6.60.070(b). (Ord. 16-2018 § 1, 6-5-18.)

6.40.140 Animal fancier’s permit denial or revocation hearing decision.

(a)    The hearing officer’s decision must be supported by evidence on the record.

(b)    If the hearing officer upholds the decision to deny or revoke an animal fancier’s permit, then the hearing officer may direct that:

(1)    The owner shall transfer ownership of the animal(s) to a person who either satisfies the requirements of this chapter or who will have the animal(s) reside outside the city, within a specified time period.

(2)    The owner shall surrender the animal(s) to the city and the city may decide disposition of the animal(s) in accordance with state law.

(3)    The owner has five business days upon service of the hearing officer’s decision to appeal the decision to the superior court pursuant to Section 6.60.100, or the decision will be deemed final if no appeal is filed on or before the expiration of the appeal period. If the owner fails to comply with the hearing officer’s decision, the animal services manager may summarily seize the animal(s) and assume possession of the animal(s) for disposal in accordance with state law.

(c)    If the hearing officer decides denial or revocation of the animal fancier’s permit is not warranted, the hearing officer may order the release of the animal(s). If the animal(s) is impounded, the hearing officer may require the release of the animal(s) from impoundment upon payment of the impound and board fees, and may add such conditions to the animal fancier’s permit as are necessary to effectuate the purposes of this chapter and to protect the public health, safety, and welfare.

(d)    This chapter does not apply to actions taken under Chapter 6.60. (Ord. 16-2018 § 1, 6-5-18.)

6.40.150 Fees and charges.

All license fees, penalties, animal fancier’s permit fees, boarding fees, feeding fees, special service fees, and impoundment fees for animals regulated under this chapter shall be established pursuant to resolution of the city council. (Ord. 16-2018 § 1, 6-5-18.)