Chapter 9.24
HORSES
Sections:
9.24.020 Compliance with chapter—Stallions prohibited.
9.24.040 Permit application—Plot plan—Issuance or denial—Duration.
9.24.050 Permit fees—Horses used in commercial farming operations exempted.
9.24.060 Revocation or suspension of permit.
9.24.100 Location and area required.
9.24.110 Construction of corrals and stables.
9.24.120 Drainage of premises.
9.24.140 Commercial stables prohibited.
9.24.150 Rules and regulations.
9.24.160 Variances—Modifications.
9.24.010 Definitions.
For purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section as follows:
(1) "Corral" means a confined area or enclosure where there is no permanent natural feed cover;
(2) "Health officer" means the director of the department of health of the county acting for and in behalf of the city or the city health officer;
(3) "Home" includes any member of the horse family except stallions;
(4) "Pasture" means a fenced grazing lot of sufficient area to permit permanent natural feed to grow to an extent that it provides a dust-free area. (Ord. 758 § 2 (part), 1987; Prior code § 3.35).
9.24.020 Compliance with chapter—Stallions prohibited.
It is unlawful for any person to keep or maintain, or cause to be kept or maintained any horse in the city except in conformity with the provisions and regulations of this chapter. The keeping of stallions is specifically prohibited. (Ord. 758 § 2 (part), 1987; Prior code § 3.36).
9.24.030 Permit required.
Horses may be kept and maintained in all zones and districts in the city subject to the securing of a permit after application therefor in the manner prescribed by this chapter, and subject to the provisions and regulations of this chapter and the compliance thereof on the part of the applicant. (Ord. 758 § 2 (part), 1987; Prior code § 3.37).
9.24.040 Permit application—Plot plan—Issuance or denial—Duration.
Each application for a permit required by Section 9.16.030 shall be made to the planning commission on a form provided by the planning commission for such purpose. Such application shall be accompanied by an accurate plot plan showing the layout of the existing or proposed stable and corral and detailed drawings of the proposed building construction. Such plot plan may be required to show the location of neighboring houses within three hundred feet of the exterior boundaries of the property upon which the stable is proposed to be located. The application shall also be accompanied by a statement of the proposed drainage and sewage disposal system. If, in the opinion of the planning commission, it appears that the keeping or maintaining of such horse, and that the proposed stable to be constructed in connection with the keeping and maintenance, will fully comply with and conform to the requirements of this chapter and with all other ordinances of the city, and with any and all additional rules and regulations established by the City Council and upon the payment of the required fee, a twelve-month revocable permit shall be issued. A permit may be granted at any time during the year and unless previously revoked shall expire on the same date of the following year. (Ord. 758 § 2 (part), 1987: Prior code § 3.38).
9.24.050 Permit fees—Horses used in commercial farming operations exempted.
The annual fee for permits to maintain and keep horses shall be established by resolution of the City Council. Nothing in this chapter shall be construed as requiring the payment of a fee for the stabling or maintenance of horses actually used in commercial farming operations on the parcel of land upon which the stable is located provided the parcel consists of five or more acres of land. (Ord. 758 § 2 (part), 1987; Prior code § 3.39).
9.24.060 Revocation or suspension of permit.
Any permit granted under this chapter shall be subject to revocation or suspension by the planning commission in the following manner: A notice shall be served on the person holding the permit specifying wherein he has failed to comply with this chapter or any other ordinance or with any terms or conditions specified in the permit for such stable, or with any regulations formulated by the City Council under the provisions of this chapter and requiring him to appear before the planning commission at a date and hour specified, not less than five days after the serving of the notice on the permit holder, to show cause at such time and place why the permit should not be revoked or suspended, at such time and place the person holding the permit shall have the right to appear in person or by counsel and to introduce such evidence as he may desire, and the planning commission shall confront the permit holder with any charges that the City Council or planning commission, or both of them, may have against him, and after such hearing, the planning commission may, if in its opinion the permit holder has violated the terms of his permit, revoke or suspend the permit. (Ord. 758 § 2 (part), 1987; Prior code § 3.40).
9.24.070 Transfer of permit.
Any permit issued under the provisions of this chapter for the keeping and maintenance of a horse or issued for the erection and maintenance of a stable, shall apply to the specific premises described in the permit. In the event the premises concerning which the permit is issued, shall be sold or leased by the permittee, then the permit may be transferred to the purchaser or lessee of the property, upon the written application of the permittee to the planning commission, with the consent of the latter endorsed thereon. (Ord. 758 § 2 (part), 1987; Prior code § 3.41).
9.24.080 Posting permit.
Any permit issued as provided by this chapter shall be posted in a conspicuous place in the corral or on the stable building during the period that the permit is in full force and effect. (Ord. 758 § 2 (part), 1987; Prior code § 3.42).
9.24.090 Appeals.
In the event the planning commission denies the issuance of a permit under this chapter, or revokes a permit granted under this chapter, an appeal by the applicant, or permittee as the case may be, may be filed with the City Council. Such appeal must be in writing, but may be informal in character; the City Council upon receipt of such appeal shall hold such hearings, with or without notice, as the City Council shall determine; the determination and findings of the City Council, as to the appeal, shall be final and conclusive. (Ord. 758 § 2 (part), 1987; Prior code § 3.43).
9.24.100 Location and area required.
Horses may be kept and maintained in any allowed districts as heretofore set forth, subject to the following general requirements, which may be modified in particular cases:
(1) The minimum lot area upon which any horse may be kept shall be one acre, and two horses may be kept on such a parcel;
(2) The minimum distance of stable from any neighboring house shall be one hundred feet;
(3) The minimum distance of the stable building from any neighboring property line shall be forty feet;
(4) The minimum distance of the corral from the neighboring property line shall be twenty-five feet;
(5) The minimum distance of the stables from the residence on the same lot shall be forty feet;
(6) One additional horse may be kept on each acre in addition to the one acre minimum, subject to the requirements of the planning commission in each case;
(7) Minimum distance of stable from street line shall be seventy-five feet.
Subject to the approval of the planning commission horses may be kept in a pasture containing two or more acres. (Ord. 758 § 2 (part), 1987: Prior code § 3.44).
9.24.110 Construction of corrals and stables.
All corrals shall be enclosed by a substantial fence.
Stables shall be of Class V or better construction as defined in the Uniform Building Code in force in the city, and in addition shall conform to the following requirements:
(1) The stable floor shall consist of a six-inch rock base on which is compacted not less than six inches of clay;
(2) There shall be constructed a flytight metal or reinforced concrete manure bin;
(3) Each stable shall contain a ratproof concrete, wire mesh or metal or plaster-lined feed room for the storage of feeds other than hay or alfalfa. (Ord. 758 § 2 (part), 1987; Prior code § 3.45).
9.24.120 Drainage of premises.
Every parcel of land upon which horses are maintained shall be well drained. The surface of all corrals and paddocks shall be graded so as to prevent the accumulation of storm or casual waters. (Ord. 758 § 2 (part), 1987; Prior code § 3.46).
9.24.130 Maintenance.
Corrals shall be kept in a clean and sanitary manner and shall be thoroughly cleaned once a week. Under no circumstances shall manure be left in the corral furnishing a breeding place for flies and insects.
Stable building shall be cleaned daily and periodically sprayed to prevent the breeding of flies and insects.
It is a nuisance and unlawful to keep any homes on premises in an offensive, obnoxious or unsanitary condition. (Ord. 758 § 2 (part), 1987; Prior code § 3.47).
9.24.140 Commercial stables prohibited.
It is unlawful for any person to keep, operate or maintain a commercial stable, such as boarding or riding stables, within the city. (Ord. 758 § 2 (part), 1987; Prior code § 3.48).
9.24.150 Rules and regulations.
The City Council is authorized and empowered to formulate and adopt from time to time, and to enforce the same when adopted, additional rules and regulations that it may deem advisable to govern the keeping and maintenance of horses, and the location, maintenance and construction of corrals, stables and pastures. (Ord. 758 § 2 (part), 1987; Prior code § 3.49).
9.24.160 Variances—Modifications.
The planning commission shall have the right to modify the strict application of this chapter where there are extraordinary conditions affecting the property of the applicant. In such cases the applicant shall request his hearing before the planning commission and if after such public hearing, the planning commission finds that by following the strict letter of this chapter unreasonable restrictions, unnecessary and extraordinary hardships or damage will be imposed upon the applicant, then any of the provisions or regulations hereof may be modified in harmony with the general purpose and objectives hereof to the end that the public health, safety and welfare may be secured. The planning commission shall transmit a certified copy of the findings of any such hearing to the City Council for their approval and the City Council may hold a further hearing if they so desire. The determination and findings of the City Council after the holding of such hearing, shall be final and conclusive. (Ord. 758 § 2 (part), 1987; Prior code § 3.50).