6.04.040 GENERAL PROVISIONS.
   A.   Preexisting Use. Any person keeping or boarding any animal or livestock on his or her property on the effective date of the ordinance codified in this chapter shall within ninety days from such effective date comply with the provisions of this chapter.
   B.   Not Regulation of Land Use. This chapter is not intended to regulate the use of land. Nothing in this chapter is intended to supersede the provisions of the city zoning ordinance.
   C.   Existing Covenants, Conditions and Restrictions. This chapter shall not abrogate or nullify any existing covenants, conditions or restrictions which are on record for the benefit of any development, district or neighborhood in the city, and which may prohibit or otherwise regulate the keeping or boarding of any type animal defined in this chapter.
   D.   Variances. Variances from any requirement, condition, or provision for the keeping of animals, as outlined in this chapter, may be granted subject to the provisions of the variance or variance adjustment procedures outlined in the Pinole zoning ordinance.
   E.   Fees. All fees for animal permits shall be established by City Council resolution.
   F.   Animals Committing Nuisances Prohibited. It shall be unlawful for any person owning or keeping any animal, to allow the animal to commit any nuisance upon any public street, sidewalk, highway or other public place,'or upon any private property or to damage the property of any other person or public agency.
   G.   Noisy Animal Prohibited. It shall be unlawful for any person to keep or maintain a dog or other animal, including fowl, which, by continuous barking, whining or other noise, unreasonably disturbs the peace, comfort or quiet of another person or persons. It shall be
unlawful for any person to tease, torment, or otherwise provoke a dog, or other animal into barking, howling or disturbing the peace and quiet of any person within the city.
   H.   Newly Born Animals. If any animal, livestock or companion animal gives birth and such birth would result in there being more than the number of animals permitted by this chapter, then such newly born animal shall be allowed to remain with its mother on the premises until weaned without there being a violation of this section. (Ord. 539 § 2 (part), 1991).