Chapter 8.08
KEEPING OF LIVESTOCK, FOWL AND OTHER ANIMALS

Sections:

8.08.010    Keeping of animals within the city.

8.08.020    Dairies, animal farms and stockyards prohibited.

8.08.025    Excepting certain existing farms –Abandonment.

8.08.030    Condition and care required.

8.08.040    Livestock in streets – Restrictions.

8.08.010 Keeping of animals within the city.

A. The city council has determined that the keeping of animals within the city, unless properly regulated as to location and sanitary conditions and as to certain animals, unless definitely limited in number or entirely prohibited, is detrimental to public health, safety and general welfare.

B. It is unlawful for any person to keep or maintain any animal within the city except as provided herein, or in accordance with a special use permit or plaza use permit.

C. It is unlawful for any person to keep or maintain or cause or permit to be kept or maintained honeybees, fowl, rabbits, or livestock, except as provided in this chapter.

D. Any person may keep or maintain household pets; provided, that such person remains in compliance with all applicable provisions of this title.

E. Any animal kept or maintained in the city in violation of this section shall be subject to impoundment or forfeiture in accordance with the provisions of this title or in accordance with other applicable state or federal laws. (Ord. 05-2012 § 2, 2012).

8.08.020 Dairies, animal farms and stockyards prohibited.

It is unlawful for any person to establish, operate, or maintain or to permit to be established, operated, or maintained, upon any premises within the city any cow or goat dairy, any stockyards or horse farm, or any hog farm. (Ord. 05-2012 § 2, 2012).

8.08.025 Excepting certain existing farms – Abandonment.

A. The foregoing prohibition in SMC 8.08.020 of dairies, animal farms or stockyards shall not be retroactive or effective as to the same if actually in operation now and as of July 1, 1951, and provided a permit for such operation and maintenance was issued by the city planning commission. No enlargement of any existing farms so excepted shall be permitted by adding to the number of animals kept upon any premises in connection with the excepted dairies, stock farms or stockyards.

B. Notwithstanding subsection (A) of this section, any cessation of operations of existing dairies, stock farms or stockyards, coupled with a change in the use of the premises for other purposes for a period of six months, shall be construed to be an abandonment of such original purpose in connection with the premises and thereafter no use of the premises for dairy, stock farm or stockyard shall be permitted. (Ord. 05-2012 § 2, 2012).

8.08.030 Condition and care required.

A. Fowl. The limitations and minimum standards applicable to the keeping of fowl shall be as set forth in Table 1:

Table 1: Limitations and Standards for the Keeping of Fowl 

Area of Regulation

Lot Size of 10,000 Square Feet or Greater

Lot Size of Less Than 10,000 Square Feet

Zoning District:

Prohibited in commercial, mixed use, multifamily and mobile home zoning districts.

Setback of Henhouse and Pen from Side or Rear Property Line:

10 feet, minimum.

Allowed Yard Location:

Rear yard.

Maximum Flock Size:

An additional 16 hens shall be allowed for each additional 10,000 square feet of lot area, up to a maximum of 50.

Up to 16.

Allowance for Roosters:

The keeping of roosters is prohibited, except that permits for the keeping of roosters issued prior to October 3, 2008, shall remain valid as long as the conditions associated with such permits continue to be met.

Habitation Requirements:

A henhouse and a pen are both required. The henhouse shall be roofed and shall provide for a minimum of four square feet per hen. The pen shall be fully enclosed, including a roof covering. The henhouse and pen shall be designed, constructed and maintained such that the flock is securely contained.

Ongoing Maintenance and Care:

The flock shall be contained within a henhouse and pen of an adequate size. The henhouse and pen shall be maintained in a clean and sanitary condition. The flock shall be cared for in a humane manner, to include, at minimum, regular feeding and watering, regular cleaning of waste, protection from the elements and predators, and the treatment of disease.

Protection from Pests:

All enclosures for the keeping of poultry shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. All feed and other items associated with the keeping of poultry that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them.

Slaughtering:

Slaughtering shall be conducted humanely and only for purposes of home consumption.

B. Rabbits. The limitations and minimum standards applicable to the keeping of rabbits shall be as set forth in Table 2, following:

Table 2: Limitations and Standards for the Keeping of Rabbits 

Area of Regulation

Lot Size of 10,000 Square Feet or Greater

Lot Size of Less Than 10,000 Square Feet

Zoning District:

Prohibited in commercial, mixed use, and mobile home zoning districts.

Setback of Pen from Side or Rear Property Line:

10 feet, minimum.

Allowed Yard Location:

Rear yard.

Maximum Number:

An additional 8 rabbits shall be allowed for each additional 10,000 square feet of lot area, up to a maximum of 50.

Up to 8.

Habitation Requirements:

If kept outdoors, a pen is required. The pen shall be roofed and shall provide for a minimum of four square feet per rabbit. The pen shall be fully enclosed, including a roof covering, and shall be designed, constructed and maintained such that the rabbits are securely contained.

Ongoing Maintenance and Care:

Rabbits kept outdoors shall be contained in a pen of an adequate size. The pen shall be maintained in a clean and sanitary condition. Rabbits shall be cared for in a humane manner, to include, at minimum, regular feeding and watering, regular cleaning of waste, protection from the elements and predators, and the treatment of disease.

Protection from Pests:

All pens or other enclosures for the keeping of rabbits shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. All feed and other items associated with the keeping of rabbits that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them.

Slaughtering:

Slaughtering shall be conducted humanely and only for purposes of home consumption.

C. Honeybees. The limitations and minimum standards applicable to the keeping of honeybees shall be as set forth in Table 3, following:

Table 3: Limitations and Standards for the Keeping of Honeybees

Area of Regulation

2 – 4 Hives

5 – 10 Hives

Zoning District:

Prohibited in commercial, mixed-use, multifamily and mobile home zoning districts.

Allowed only in the agricultural and public zones.

Lot Size:

A maximum of two hives shall be allowed on lots of 10,000 square feet or less. A maximum of four hives shall be allowed on lots of greater than 10,000 square feet in area.

Two acres, minimum.

Setback of Hives from Side or Rear Property Line:

10 feet, minimum.

Yard Location:

Rear yard.

Screening and Orientation of Hives:

The beehive entrance shall be directed away from the neighboring property and hives shall be situated behind a fence, hedge or similar screen that is a minimum of six feet in height running parallel to the property line.

Habitation Requirements:

Hives shall be of adequate size and shall be positioned so that the first 25 feet of the flight path is directed away from on-site or neighboring residences. Hives shall be fully enclosed including a roof covering or weatherproof top, and shall be designed, constructed, and maintained such that the bees can be properly contained.

Ongoing Maintenance and Care:

It shall be the duty of every person on whose property bees are kept to: (1) maintain bees in a condition that will reasonably prevent swarming and aggressive behavior; (2) provide adequate water for the bees to reasonably prevent them from seeking water on neighboring properties; (3) maintain hive boxes and the area around them in a clean and sanitary condition.

Protection from Pests:

Hives shall be constructed so as to prevent rats, mice, and other rodents from being harbored underneath or within the walls of the hives or their enclosures. All items associated with the keeping of bees that are likely to attract, or become infested by, rats, mice or rodents shall be protected so as to prevent such rodents from gaining access to, or coming into contact with, them.

D. The keeping of swine shall be prohibited. (Ord. 05-2012 § 2, 2012).

8.08.040 Livestock in streets – Restrictions.

No person shall drive or herd any animal or animals on or along any public street, roadway or alley. Animals may be ridden or driven in harness or by means of rope, halter or similar device, subject to the provisions of the California Vehicle Code or applicable sections of this code. (Ord. 05-2012 § 2, 2012).