CHAPTER 7.12
LIVESTOCK, FOWL, WILD ANIMALS
SECTION:
7.12.010 Certain Animals As Public Nuisance
7.12.020 Livestock And Domestic Fowl
7.12.050 General Regulations For Keeping Animals
7.12.060 Permit Requirements; Fees
7.12.070 Application For Permit
7.12.080 Revocation Of Permit; Appeal
7.12.010 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. Noise; Odor; Offensive Conditions: 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. Interference With Persons: Interferes with any person in the reasonable and comfortable enjoyment of life or property; or
C. Injury To Life Or Property: Creates a significant risk of injury to life or property. (1972 Code § 7.12.010)
7.12.020 LIVESTOCK AND DOMESTIC FOWL:
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 domestic animals or fowl, except as specifically permitted under provisions of this chapter. A violation of this section is an infraction. (1972 Code § 7.12.020)
7.12.030 WILD ANIMALS:
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. (1972 Code § 7.12.030)
7.12.040 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. (1972 Code § 7.12.040)
7.12.050 GENERAL REGULATIONS FOR KEEPING ANIMALS:
The following regulations shall apply to the keeping of animals of all kinds within the city:
A. Cleanliness Of Animals And Premises:
1. 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 animal control officer may take remedial action.
2. 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 shall request, shall be in violation of this section.
B. Exercise Area:
1. Animals confined in an enclosed area shall be provided with an adequate exercise area.
2. 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 access to adequate shelter, food and water.
3. The provisions of this subsection shall not apply to an animal which is in transit, in a vehicle, or in the immediate control of a person.
C. Owner Responsibility: It is the duty of the owner to care for his animals. It shall be a violation of this section for a person to fail to provide the necessary food, drink and shelter for his animals.
D. Number Limited:
1. Notwithstanding any other provision of this title, the maximum number of dogs which shall be kept within one household is four (4). Likewise, the maximum number of cats which may be kept within one household is four (4). A household may possess both dogs and cats, but no more than four (4) of each.
2. For purposes of this section, animals under the age of four (4) months shall not be counted.
3. A violation of this subsection is an infraction. (1972 Code § 7.12.090)
7.12.060 PERMIT REQUIREMENTS; FEES:
A. Permit Required; Investigation:
1. Notwithstanding the provisions of sections 7.12.020, 7.12.030 and 7.12.040 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 animal control officer a permit to do so.
2. In order to issue such a permit, the 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 7.12.010 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 (50’) of any family residence or building designated for human occupation, other than a building or residence occupied by the keeper.
B. Planning Director Review; Appeal To Council:
1. Before acting upon an application for such permit, the chief animal control officer shall submit to the planning director a copy of the application, together with a copy of his investigation report and a statement of his decision.
2. A copy of the investigation report and of the statement of decision shall at the same time be mailed to the applicant.
3. If the 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.
4. Within twenty (20) days after the date of such submission, the decision of the animal control officer may be appealed to the city council by the planning director, 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 (20) day period, the 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 director.
C. Public Hearing: If an appeal of the animal control officer’s decision is taken pursuant to the provisions of subsection B4 of this section, the city council shall, upon not less than ten (10) days’ prior written notice to the planning director 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. Temporary Permit Issuance: Upon the filing of an application for permit under this section, the 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 7.12.010 of this chapter. Such temporary permit shall expire on the date that final action is taken upon such application.
E. Fees Set By Resolution: 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. Exception To Permit Requirement: Notwithstanding the provisions of this section and of sections 7.12.020 and 7.12.030 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. 2010-61, 2-16-2010)
7.12.070 APPLICATION FOR PERMIT:
A. Filing Application: An application for any permit required pursuant to section 7.12.060 of this chapter shall be made to the animal control officer in writing upon a form furnished by said officer, containing such information as the animal control officer shall require in order to make a determination.
B. Fee Set By Resolution: The fee for a permit shall be as established from time to time by resolution of the city council.
C. Term Of Permit: Permits granted shall be for the period of one year.
D. Renewal Of Permit: An application for renewal of a permit shall be made at least forty five (45) days prior to the expiration thereof and shall be accompanied by a fee as established from time to time by resolution of the city council. (1972 Code § 7.12.060)
7.12.080 REVOCATION OF PERMIT; APPEAL:
A. Revocation Or Modification Of Permit; Hearing: The 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 (10) 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 animal control officer may suspend or modify any permit without hearing for a period of not to exceed thirty (30) days. (1972 Code § 7.12.070)
B. Appeal: Any person aggrieved by any action of the animal control officer taken pursuant to the provisions of subsection A of this section may, upon the payment of any 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. (1972 Code § 7.12.080)