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HomeMy WebLinkAbout158 - Regulating the Keeping of Animals, Poultry, and LivestockORDINANCE No. 158 AN ORDINATVE OF THE CITY OF COSTA MESA REGULATING THE KEEPING OF fiXrftAI s i POULTRY AND LII r�TOCK IN SAID CITY. ARTICLE I ZONES AND i &I"INITIONS. SECTION 1. PREAMBLE. WIMEAS, the City Council of the City of Costa Mesa has deteriltined and found, after careful study, that the City of Costa Hesa consists of territory which is highly developed into residential, commercial and industrial occupancy, and also consists of territory which is very sparsely occupied by residences, industries or comiaercial establishments; and WIMEAS, the City Council of the City of Costa Mesa finds that it would be for the best interests of said City and for the residents thereof that an ordin- ance regulating the keeping of animals, poultry and livestock in said City be adopted and that the City be divided into two zones for such purpose, in order to meet the conditions of both the sparsely occupied territory and the territory which is densely populated by residences, industries and commercial establishments; NOWj TIMF,IvIME, the City Council of the City of Costa Mesa does ordain as follows: - SECTION 2. ZOIXS ESTABLISHED. In order to classify, regulate and res- trict the maintaining and keeping of animals, poultry and livestock in the City, the territory within the City of Costa Mesa is hereby divided into two zones, to -wit: Zone 1 and Zone 2. SECTION 3. ZONE 1,AF. The said two zones are hereby established and the boundaries thereof are shown upon the Animal Zone Map of the City of Costa Nesa attached hereto and made a part hereof, and hereby referred to for a par- ticular description of said zones, and both of thei,i. Said Anivial Zone Map shall become a part of this Ordinance. SECTION 4. CHANGE FROM ZONE 2 to ZONE 1. Territory within Zone 2 shall be rezoned to Zone 1 as followa: 0C each city block, as hereinafter definfed, shall be divided into 6),000 square foot lots. When the City Council finds that 75% or more of such 6,000 square foot lots within said city block have become occupied by residences, coivinercial or industrial buildings, it shall thereupon rezone such city block to Zone 1. swnori 4.1. rMARING ON REZONING. Prior to rezoning any city block .from Zone 2 to Zone 1, the City Council shall hold a hearing and shall give, at least ten (10) days notice of said Bearing by at least one publication in a news- paper published within the City, and by posting at least three notices in each city block proposed to be changed. S'-cTIOIT 4.2. NEWLY ANNEM) TMITORY. All territory annexed to the city after the effective date of this Ordinance shall be zoned on the Animal Zone Map in accordance with the procedure set forth in Section 4.1, Article I of this Ordinance. SECTION 5. D--"=-TIONs: a) "City Block" as used herein shall mean the land area bounded by streets on all 4 sides. b) "Keep". Whenever the word "keep" is used in this Ordinance, it shall mean and include keeping, maintaining;, liarboring, exercising, grazing, and allow- ing to nui at large. C) Small animal pets shall mean ducks, rabbits, monkeys, chickens, rodents, and similar type animals. ARTICLE II ZONE 1. SBCTIOId 1. ANDALS PROlaDITED. No person shall keep or maintain any animal except as herein set forth in thin Article in Zone 1. SECTION 2. EXC=0115. Anivials may be kept in Zone 1 as follows: - a) EDUCATIONAL PURPOSES. Any student may keep any animal or animals as parr of a school program when the curriculeiu of said school includes a project which requires the keeping of such animal or animals by the student, provided, I owever, that such student shall maintain said animals in accordance with the ret-ul.ations Bereina ter set fortis in this Ordinance. ^G" b) BUSINESSr�TABLISiRqIEv S. Business cstablislntnents lawfully en- gaged in the sale, treatment or care of animals. C) 119JSK110LD PESTS. Dogs, cats, canary birds, and birds of the psittacinae fardly,andsalso other small animal pets not exceeding; two in number. d) EXISTING ANDALS. Any animal kept in Zone 1 on the date of the adoption of this Ordinance, except male goats, bulls, swine, roos-cers or peacocks. .All owners of such animals, except owners of animals set forth in Section 2 (a), (b) and (c) of this Article, shall r,�gi.ster such animal or animals with the Fis- cal Departmen-L o£ the City o£ Losta Mesa. Tile owner may, either by mail or per- sonally, fill out a registration fora provided by the Fiscal Department, stat- ing the location of the premises on which the animal or animals are located, a description of the animals, the nwaber of animals and the distance said animals are kept and inaintaincd from adjacent residences. Any owner of male goats, bulls, swine, roosters or peacocks shall re- move such animals from Zone 1 within 30 days after the effective (late of this Or- dinance. Upon signing such registration form and filing the same TAIth the Fis- cal Department of the City of Costa Mesa, such owner shall be allowed to keep all such animals on his premises, and to replace any such animal or animals so long; as the same are kept and maintained in accordance w.i.tii the regulatory pro- visions of this Ordinance and all other Ordinances, laws, rules and regulations covering tide keeping and maintaining of animals. (1) REVOCATION OF RIGHT TO KEEP EXISTING ANDI]ALS. Any person keep- ing or maintaining wiy animal under the provisions o£ Section 2 of this Article: shall lose said right whenever the City Council of ire City of Costa Hesa finds that such animal or animals are being kept or maintained in violation of any of the provisions of this Ordinance. ARTICLE III ZONE 2. SECTION 1.. CE.TAIiv AIirHALS PR01=131TED. No person shall keep any male -3- goat, bull, rooster or peacocks or .swine on any real property within Zone 2, except for educational purposes as set forth in Section 2 (a) of Article II.* SECTION 2. NIU ER OF .I M ALS ALLOWED: No person shall keep or main- tain any of tiie following animals or combination of animals on any property in Zone 2 zoned for residential, conrnercial or industrial use, in excess of the following nu.nber for each 3,000 square feet of land: a) One horse plus 25 chickens anis 25 rabbits. b) One cow or steer plus 25 chickens and 251-abbits. c) One burro or mule plus 25 chickens and 25 rabbits d) 25 chickens. e) 25 rabbits. f) 5 poultry and domestic fowl and birds other than spetifically named herein. SECTION 3. EXMM NtTMM OF ANIIKlIIS: PEW,= REQU'L ED. .Any person desiring to keep or maintain any of the above set forth animals in excess of the allowed number, may make application to the City Council for a permit to -aaintain a number in excess thereof. ARTICLE IV SANITATION i"TGUTATIONS. SBOTIMT 1. SCOPE OF REGULATIONS. The provisions of this Article shall apply to Zone 1 and Zone 2 and to all animals except dogs, cats, canary birds and birds of the psittacinae family or animals in business establishments lawfully engaged in the sale, treatment or care of ani,nals. SECTION 2. KREPING OF CERTAIN ANIMALS CLOSER THAN THIRTY -five (35) .'ET TO IN111ABITED STRUCTURr�, SCHOOLS AIM HOSPITALS. No person shall keen any ani- mal, fowl or bird, wild or domestic, other than dogs, cats, canaries or birds of the psittacinae family, within thirty-five (35) feet of any inhabited structure, school, or hospital, provided, however, that when any person keeps more than four birds of the psittacinae family, he shall keep such birds at least thirty-- five feet from any inhabited structure, school. or 'Hospital. -4- SWTION 3, C7MgLINMS OF PREUSFS Wf r E, ANDIALS ARE KPT. Every per- son keeping; any animal, fowl or bird except those animals, fowl or birds exampted in Section 1 of this Article, shall keep the entire premises on which said ani- mals, Soul or birds are kept in a clean and sanitary condition at all times, in- cluding the stable, barn, stall, pen, coop, building or place in which such ani- mal.., .Cowl or bird is kept. SHOTIOTd 1t. KEEPING OF IYiANtM. No person shall keep any manure with- in thirty-five (35) feet of any window or door of any inhabited structure, or within one hundred(iGQ) feet of any church, school, hospital or place where food ,products are kept, stored, manufactured or served to the public. SWTIUld 5. I�IANM BINS AiJD M40VAL OF MANUIE. Every person owning or occupying premises where manure accumulates shall reviove the same before such man - ire bboomes a fly production source or place such manure in boxes, bans or receplu- icles. Such boxes, bins or receptacles shall be used only for the purpose of containing the accumulation of manure, and shall be kept tightly closed at all times except when manure shall be placed therein or removed therefrom, and in no instance shall manure so placed in such boxes or receptacles in such a manner as to prevent the tight closing of the lid; provided., however, that nothing con- tained herein shall apply to manure which is spread as fertilizer over or around cultivated plants, vines, vegetables, lawns, bushes, shrubs or trees, or to man- ure kept by any nursery for commercial fertilizer purposes unless such manure creates a nuisance either from fly breeding or excessive obnoxious odors. Said boxes, bins or receptacles shall be constructed of brick, stone, concrete, metal or wood lined with metal or other sound material, and shall be proof against access to the contents thereof byh flies. The contents of said baxes, bins or receptacles shall be removed once a week. SECTION G. HEALTH OFFICER �iAY CRT�� P-RaaSES AND MANURE BINS CLEANED. likenever the Health Officer finds a premises or any part thereof in an unclean or unsanitary condition, he shall order the owner or person in charge of the property to clean the premises or any portion thereof and, if necessary, to deodorize in order to remove any unpleasant or objectionable odors. SECTION 7. ANIMALS Pf?OHIBITED FRO1v1 RMMM AT LARGE. No person owning or having ppeaession, charge, custody or control over any animal, fowl or bird, except dogs, cats, canary birds and birds of the psittacinae family, shall allow the same to stray or roam, or in any other manner to be at large, in or upon any street or in or upon any unenclosed lotor land, or -to stake out, herd or graze any such animal, fowl or bird upon any unenclosed lot or land in such manner that the rope or other attachment by which the same is tethered may permit it to be or go beyond the boundaries of such lot or land. ARTICLE V. ENFORMM1T, PENALTIES AND E ACMIENT. SECTION 1. ENFO MENTP. The Health Departmenr shall be responsible for the enforcement of all provisions relating to public health and sanitation and the Poundmaster shall be responsible for the enforcement of every other provision. SECTION 2. PENALTY. Every person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon a first conviction shall be punishable by a maximum fine of rive Dollars ($5.00) and upon a second conviction by a maximum fine of Ten Dollars ($10.00), and upon a third and subsequent convictions by a maximum fine of Three Hundred lbllars ($300.00). SWT1014 3. SEVERABILITY CIADISME. If any section, subsection, santenee, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional., such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council states that it would have passed this Ordinance and each section, subsection, sbnt3ence, clause and phrase thereof irrespective of the fact that any one or more of the sections, subsectiolns, clauses or phrases be de- clared unconstitutional. SECTIOIJ 4. CONnICTIW CRD110 ES REPEALED. All ordinances or parts thereof in conflict herewith are hereby repealed. SlTION 5. ENACTMENT. This Ordinance shall take effect and be in full -6- force and effect thirty (30) days after its passage, and prior to the expiration of fifteen (15) days from its passage shall be published once in the Costa Mesa Globe -Herald, a newspaper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 6th day of May, 1957. Z10�of a Mesa ATTEST: City Clerk of the City of Costa Mesa STATE OF CALIFORNIA) ) as. COUNTY OF ORANGE ) - I, A. C. S WARTZ, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing ordinance No. 158 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting thereof held on the 6th dad= of May, 1957, by the following roll call vote, to -wit: AYES: COUNCILMEN Martin, Pinkley, Smith, Meyers, Nelson NOES: COUNCILMEN - None ABSENT: COTINCTLMEN - None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Costa Mesa, th4 s 7th day of May, 1957. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa LEGAL NOTICE ORDINANCE NO. 158 AN ORDINANCE OF THE CITY OF COS- TA MESA REGULATING THE KEEP- ING OF ANIMALS, POULTRY AND LIVESTOCK IN SAID CITY. .ARTICLE 1 ZONES AND DEFINITIONS. SECTION 1. PREAMBLE. WHEREAS, the City Council of the City of Costa Mesa has determined and found, after careful study, that the City of Costa Mesa con- sists of territory which is highly developed into residential, commercial and indus- trial occupancy, and also consists of terri- tory which is very sparsely occupied by residences, industries or commercial es- tablishments; and WHEREAS, the City Council of the City of Costa Mesa finds that it would be for the best interests of said City and for the residents thereof that an ordinance regu- lating the keeping of animals, poultry and livestock in said City be adopted and that the City be divided into two zones for such purpose, in order to meet the conditions of both the sparsely occupied territory and the territory which is densely populated by residences, industries and commercial es- tablishments; NOW, THEREFORE, the City Council of the City of Costa Mesa does ordain as follows: - SECTION 2. ZONES ESTABLISHED. In order to classify, regulate and restrict the maintaining and keeping of animals, poul- try and livestock in the City, the territory within the City of Costa Mesa is hereby divided into two zones, to -wit: Zone 1 and Zone 2. SECTION 3. ZONE MAP. The said two zones are hereby established and the boundaries thereof are shown upon the Animal Zone Map of the City of Costa Mesa attached hereto and made a part hereof, and hereby referred to for a parti- cular description of said zones, and both of them. Said Animal Zone Map shall be- come a part of this Ordinance. SECTION 4. CHANGE FROM ZONE 2 to ZONE 1. Territory within Zone 2 shall be rezoned to Zone 1 as follows: each city block, as hereinafter defined, shall be di- vided into 6,000 square foot lots. When the City Council finds that 75 per cent or more of such 6,000 square foot lots with- in said city block have become occupied by residences, commercial or industrial buildings, it shall thereupon rezone such city block to Zone 1. SECTION 4.1. HEARING ON REZON- ING. Prior to rezoning any city block from Zone 2 to Zone 1, the City Council shall hold a hearing and shall give at least ten (10) days notice of said hearing by at least one publication in a newspaper pub- lished within the City, and by posting at least three notices in each city block pro- posed to be. changed. SECTION 4.2 NEWLY ANNEXED TER- RITORY. All territory annexed to the city after the effective date of this Ordinance shall be zoned on the Animal Zone Map In accordance with the procedure set forth in Section 4.1, Article I of this Ordinance. SECTION 5. DEFINITIONS: a) VCity Block" as used herein shall mean the land area bounded by streets on all 4 sides. b) "Keep". Whenever the word "keep" is used in this Ordinance, It shall mean and include keeping, maintaining, harbor- ing, exercising, grazing, and allowing to run at large. c) Small animal pets shall mean ducks, rabbits, monkeys, chickens, rodents, and similar type animals. ARTICLE II ZONE 1. SECTION 1. ANIMALS PROHIBITED. No person shall keep or maintain any ani- mal except as herein set forth in this Article in Zone 1. SECTION 2. EXCEPTIONS. Animals may be kept in Zone 1 as follows: - a) EDUCATIONAL PURPOSES. Any stu- dent may keep any animal or animals as part of a school program when the curri- culum of said school includes a project which requires the keeping of such ani- mal or animals by the student, provided, however, that such student shall maintain said animals in accordance with the regu- lations hereinafter set forth in this Ordin- ance. b) BUSINESS ESTABLISHMENTS. Busi- ness establishments lawfully engaged in the sale, treatment or care of animals. c) HOUSEHOLD PETS. Dogs, cats, can- ary birds, and birds of the psittacinae fam- ily, and also other small animal pets not exceeding two in number. d) EXISTING ANIMALS. Any animal kept in Zone 1 on the date of the adoption of this Ordinance, except male goats, bulls, swine, roosters or peacocks. All owners of such animals, except owners of animals set forth in Section 2 (a), (b) and (c) of this Article, shall register such animal or animals with the Fiscal Department of the City of Costa Mesa. The owner may, either by mail or personally, fill out a registration form provided by the Fiscal Department, stating the location of the pre- mises on which the animal or animals are located, a description of the animals, the number of animals and the distance said animals are kept and maintained from adjacent residences. Any owner of male goats, bulls, swine, roosters or peacocks shall remove such animals from Zone 1 within 30 days after the effective date of this Ordinance. Upon signing such registration form and filing the same with the Fiscal Depart- ment of the City of Costa Mesa, such own- er shall he allowed to keep all such ani- mals onhis premises, and to replace any such animal or animals so long as the same are kept and maintained in accord- ance with the regulatory provisions of this Ordinance and all other Ordinances, laws, rules and regulations covering the keeping and maintaining of animals. (1) REVOCATION OF RIGHT TO KEEP EXISTING ANIMALS. Any person keep- ing or maintaining any animal under the provisions of Section 2 of this Article shall lose said right whenever the City Council of the City of Costa Mesa finds that such animal or animals are being kept or maintained in violation of any of the provisions of this Ordinance. ARTICLE III ZONE 2. SECTION I. CERTAIN ANIMALS PRO- HIBITED. No person shall keep any male goat, bull, rooster or peacocks or swine on any real property within Zone 2, except for educational purposes as set forth in Section 2 (a) of Article II." SECTION 2. NUMBER OF ANIMALS ALLOWED: No person shall keep or main- tain any of the following animals or com- bination of animals on any property in Zone 2 zoned for residential, commercial or industrial use, in excess of the following number for each 3,000 square feet of land: a) One horse plus 25 chickens and 25 rabbits. b) One cow or steer plus 25 chickens and 25 rabbits. c) One burro or mule plus 25 chickens and 25 rabbits d) 25 chickens. e) 25 rabbits. f) 5 poultry and domestic fowl and birds other than specifically named herein. SECTION 3. EXCESS NUMBER OF ANI- MALS: PERMIT REQUIRED. Any person desiring to keep or maintain any of the above set forth animals in excess of the allowed number. may make application to the City Council for a permit to main- tain a number in excess thereof. ARTICLE IV SANITATION REGULATIONS SECTION 1. SCOPE OF REGULATIONS. The provisions of this Article shall apply to Zone 1 and Zone 2 and to all animals except dogs, cats, canary birds and birds MORE MORE MORE of the psittacinae family or animals in business establishments lawfully engaged in the sale, treatment or care of animals. SECTION 2. KEEPING OF CERTAIN ANIMALS CLOSER THAN THIRTY-FIVE (35) FEET TO INHABITED STRUC- TURES, SCHOOLS ANDHOSPITALS. No person shall keep any animal, fowl or bird, wild or domestic, other than dogs, cats, canaries or birds of the paittacinae family, within thirty-five (35) feet of any inhabited structure, school, or hospital, provided, how- ever, that when any person keeps more than four birds of the psittacinae family, he shall keep such birds at least thirty-five feet from any inhabited structure, school, or hospital. SECTION 3. CLEANLINESS OF PRE- MISES WHERE ANIMALS ARE KEPT. Every person keeping any animal, fowl or bird except those animals, fowl or birds exempted in Section 1 of this Article, shall keep the entire premises on which said animals, fowl or birds are kept in a clean and sanitary condition at all times, includ- ing the stable, barn, stall, pen, coop, build- ing or place in which such animal, fowl or bird is kept. SECTION 4. KEEPING OF MANURE. No person shall keep any manure within thirty-five (35) feet of any window or door of any inhabited structure, or within one hundred (100) feet of any church, school, hospital or place where food products are kept, stored, manufactured or served to the public. SECTION 5. MANURE BIDS AND RE- MOVAL OF MANURE. Every person own- ing or occupying premises where manure accumulates shall remove the same before such manure becomes a fly production source or place such manure in boxes, bins or receptacles. Such boxes, bins or receptacles shall be used only for the pur- pose of containing the accumulation of manure, and shall be kept tightly closed at all times except when manure shall be placed therein or removed therefrom, and in no instance shall manure so placed in such boxes or receptacles in such a manner as to prevent the tight closing of the lid; provided, however, that nothing contained herein shall apply to manure which is spread as fertilizer over or around culti- vated plants, vines, vegetables, lawns, bushes, shrubs or trees, or to manure kept by any nursery for commercial fertil- izer purposes unless such manure creates a nuisance either from fly breeding or ex- cessive obnoxious odors. Said boxes, bins or receptacles shall be constructed of brick, stone, concrete, metal or wood lined with metal or other sound material, sand shall be proof against access to the contents thereof by flies. The contents of said boxes, bins or receptacles shall be removed once a week. SECTION 6. HEALTH OFFICER MAY ORDER PREMISES AND MANURE BINS CLEANED. Whenever the Health Officer finds a premises or any part thereof in an unclean or unsanitary condition, he shall order the owner or person in charge of the property to clean the premises or any portion thereof and, if necessary, to deodorize in order to remove any un- pleasant or objectionable odors. SECTION 7. ANIMALS PROHIBITED FROM ROAMING AT LARGE. No person owning, or having possession, charge, cus- tody or control over any animal, fowl or bird except dogs, cats, canary birds and birds of psittacinae family, shall allow the same to stray or roam, or in any other manner to be at large, In or upon any street or in or upon any unenclosed lot or land, or to stake out, herd or graze any such animal, fowl or bird upon any unenclosed lot or land in such manner that the rope or other attachment by which the same is tethered may permit it to be or go beyond the boundaries of such lot or land. ARTICLE V. ENFORCEMENT, PENALTIES AND ENACTMENT. SECTION 1. ENFORCEMENT. T he Health Department shall be responsible for the enforcement of all provisions relat- ing to public health and sanitation and the Poundmaster shall be responsible for the enforcement of every other provision. SECTION 2. PENALTY. Every person, firm or corporation violating any of the Provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon a first conviction shall be punishable by a maximum fine of Five Dollars ($5.00) and upon a second conviction by a maximum fine of Ten Dollars ($10.00), and upon a third and subsequent convictions by a max- imum fine of Three Hundred Dollars ($300.00). SECTION 3. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council states that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more of the sections, subsections, clauses or phrases be declared unconsti- tutional. SECTION 4. CONFLICTING ORDIN- ANCES REPEALED. All ordinances or parts thereof in conflict herewith are hereby repleaed. SECTION 5. ENACTMENT. This Ordin- ance shall take effect and be in full force and effect thirty (30) days after its passage, and prior to the expiration of fifteen (15) days from its passage shall be published once in the Costa Mesa Globe -Herald, a newspaper of general cir- culation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED THIS 6th day of May, 1957. C. M. NELSON Mayor of the City of Costa Mesa ATTEST: A. C. Swartz City Clerk of the City of Costa Mesa. STATE OF CALIFORNIA: :ss. COUNTY OF ORANGE: I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing Ordinance No. 158 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting there- of held on the 6th day of May, 1957, by the following roll call vote, to -wit AYES: Councilmen — Martin, Pinkley, Smith, Meyers, Nelson Noes: Councilmen — None Absent: Councilmen — None A. C. SWARTZ City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa DATED: May 7, 1957. Published Costa Mesa Globe Herald, May 10, 1957, Costa Mesa, Calif. B-80