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Violation of the Contra Costa County Animal Control Ordinance, as adopted by Section 6.04.010, shall be subject to the penalties of County Code Division 416, set forth as follows:
A. Notwithstanding Section 14-8.004, and pursuant to California Food and Agricultural Code Section 31401, violations of Division 416 of this code, excepting Chapter 416-10 and Article 416-12.2, are punishable by a fine of not more than fifty dollars for the first offense, and not more than one hundred dollars for the second or subsequent offense.
B. Notwithstanding subsection (a) above, violation of section 416-4.404 Abandonment, excluding abandonments under Section 416-8.014, is a misdemeanor and punishable as such.
C. Article 416-4.8 of Division 416 provides for administrative fines that the Contra Costa County Animal Services Department may impose, enforce, and collect to address any violation of Division 416.
1. For a continuing violation, the amount of the fine is one hundred dollars for the first notice of fine. If the owner fails to correct the violation after the first notice of fine, and a second notice of fine is issued in the same year, the amount of the fine in the second notice is two hundred dollars. If the owner still fails to correct the violation after the second notice of fine, the amount of the fine is five hundred dollars for each additional notice of fine that is sent within one year.
2. If the violation is not a continuing violation, the amount of the fine is one hundred dollars for a first violation, two hundred dollars for a second violation of the same section within one year, and five hundred dollars for each additional violation of the same ordinance within one year.
D. Violation of Chapter 416-10, except for the provisions of Section 416-10.010(b), is a misdemeanor. Violation of Section 416-10.010(b) is subject to Article 416-4.6 of Division 416.
E. The Contra Costa County Animal Services Department may issue an administrative penalty under Article 416-4.8 to any responsible person for a violation of section 416-12.202 based on either or both of the following:
1. An observation of the violation by a department employee.
2. A complaint, signed under penalty of perjury, lodged by a person who has been disturbed by the barking dog or noisy animal.
F. It shall be a misdemeanor for any owner or keeper of an animal previously designated as dangerous to violate any of the conditions of the dangerous animal permit under Section 416-12.422 of Article 416-12.4, punishable as provided by law. If an owner or keeper is convicted of violating this section, the court may, upon good cause, order the dangerous animal seized, declared a nuisance and destroyed. Any person convicted in violation of this section shall be prohibited from owning, harboring or keeping any animal within Contra Costa County for a minimum of five years.
G. Any person who has been convicted of a felony under the laws of the United States, of the State of California, or any other state, government, or country, who owns, purchases, receives, or has in his or her possession or under his or her custody or control a dog or any other animal that poses a danger to the public's health, safety or welfare if misused by a convicted felon is guilty of a misdemeanor, unless the person possesses a current, valid prohibited dog permit for that dog or the equivalent for a different animal type as provided in Section 416-12.438. A convicted felon under Article 416-12.4 shall not include felons whose convictions were set aside pursuant to Penal Code Section 1203.4. 'Misuse' by a convicted felon means use of a dog or any other animal in a threatening or aggressive manner, or in the commission of a crime.
(Ord. 2018-03, 2018)
For purposes of this chapter, unless the context clearly indicates otherwise, certain works and phrases have the meanings given in this section:
A. ANIMAL. Any mammalian animal, poultry, bird, reptile or fish.
B. ANIMAL ENCLOSURE. An enclosed area designed or used for keeping animals, including but not limited to, dog runs, chicken coops, cages, pens, animal houses, cars, etc. When an animal is tethered, the bounds of said tether shall be considered an animal enclosure.
C. APIARY. Bees and hives wherever they are kept, located or found.
D. BEES. Honey-producing insects of the genus Apis. It includes all life stages of such insects.
E. COMPANION ANIMAL. A horse or pony; however, this chapter shall not apply to horses or ponies allowed to pasture where the individual pastures exceed ten acres in area.
F. DOG. Any animal of the canine family.
G. FOWL. Any domesticated chicken, pigeon, rooster, duck, guinea, hen, peacock or turkey.
H. HIVE. Any receptacle or container, or part of any receptacle or container which is inhabited by a live colony of bees.
I. KENNEL. Any premises where three or more adult dogs are maintained, boarded, cared for, or trained or are kept or bred for sale. A dog more than six months old shall be considered an adult dog.
J. LIVESTOCK. All domesticated bovine, equine, caprine, ovine, swine, except potbellied pigs, avian and rodent species, including, but not limited to, cattle, donkeys, mules, burros, sheep, hogs or goats; provided, however, this chapter shall not apply to livestock allowed to pasture on land where the individual pastures exceed ten acres in area.
K. PIG, POTBELLIED. A registered, purebred miniature breed of swine/hog, weighing less than one-hundred pounds, also referred to as Vietnamese Potbelly, Oriental or Chinese Potbelly pigs.
L. PERSON. Any person, firm, association, organization, partnership, business trust, corporation or company.
M. SMALL ANIMALS. Common domestic songbirds, talking birds, small turtles, goldfish, small tropical fish commonly kept in aquariums and fish ponds, pigeons, rabbits, hamsters, guinea pigs, rats, mice, ducks, chicken, geese or other fowl.
N. VICIOUS ANIMAL. Any animal which shows a propensity to attack, bite, scratch, or harass people or other animals without provocation as determined by the city police chief. (Ord. 585 § 1, 1996: Ord. 539 § 2 (part), 1991).
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).
A. Cleanliness of Premises Where Livestock, Animals or Fowl Are Kept. It shall be unlawful for any person owning or occupying premises where any livestock, companion animals, animal, fowl or bird is kept, either on a temporary or permanent basis, to maintain such premises in an unclean or unsanitary condition.
B. Disposal of Manure. It is unlawful for any person owning or harboring an animal to allow the accumulation on the ground of manure, or other refuse from a barn, stable or outbuilding, which results in an unclean or unsanitary condition. In addition, it is unlawful to allow any manure or animal excreta to be stockpiled on any property for a period in excess of twenty-four hours unless such manure or animal excreta is kept in a flyproof receptacle or in an active compost pile covered by other material.
C. Nonapplicability. The provisions of this chapter do not apply to situations listed in this subsection except in the matter of health, safety and public nuisance.
1. Circus, carnival, fair or similar exhibition;
2. Livestock or companion animals temporarily brought into the city for a period of time not to exceed twenty-four hours before or twenty-four hours after the date(s) of a local horse show; an exhibition, or activity, or used in connection with a local circus, carnival or other type entertainment where livestock or companion animals are utilized;
3. The keeping of any animals in an agricultural zoning district as prescribed in the city zoning ordinance;
4. Duly licensed veterinary hospital, pet shop or kennel. (Ord. 539 § 2 (part), 1991).
It is lawful to keep animals listed in this section which are in conformance of all provisions of this chapter and all other pertinent state and federal laws.
A. Bees.
1. Minimum lot size: twenty thousand square feet;
2. Maximum number of hives or apiary: one hive or apiary for each ten thousand square feet of lot area;
3. No hive or apiary shall be kept or maintained within twenty-five feet of any property line.
B. Small Animals, Group I: Such as Pigeons, Doves, Rabbits, Ducks, Chickens, Geese.
1. Maximum number: The maximum number of small animals allowed without a permit shall be at the rate of one and one-half small animals per each one thousand square feet of lot area, or fraction thereof; however, in no circumstances exceeding fifteen small animals per lot, unless otherwise authorized by a permit as provided for in Section 6.04.040D of this chapter.
2. All small animals shall be confined in a suitable enclosure and none of such animals shall be permitted to be at large.
3. Such enclosure shall be maintained in a clean and sanitary condition free from offensive odors.
4. No enclosure for chickens, pigeons, rabbits, ducks, geese or other fowl is to be located less than twenty feet from any dwelling which is situated on an abutting property.
5. Small animals shall be kept in such a manner that they will not be detrimental to the neighborhood where such animals are kept, nor inimical to the public health, safety and welfare of persons residing in the neighborhood and/or city.
C. Small Animals, Group II: The numbers and method of keeping of small pet animals such as, but not limited to songbirds, small turtles, goldfish, small fish, guinea pigs, rats, mice and hamsters are not regulated when in keeping with the general provisions of this chapter.
D. Dogs, Cats, and Potbellied Pigs. Not more than two dogs and not more than three cats shall be kept on any one city lot except as otherwise permitted for by this chapter. One potbellied pig may be substituted for a dog. Not more than one potbellied pig shall be allowed.
E. Livestock and Companion Animals.
1. Minimum Lot Size.
a. The minimum lot size for keeping of livestock and companion animals shall be forty thousand square feet.
b. The minimum lot size for keeping of goats and for sheep shall be twenty thousand square feet.
2. Maximum Number.
a. Livestock and Companion Animals. The maximum number of livestock and/or companion animals allowed without a permit shall be at the rate of one per each twenty thousand square feet of lot area.
b. Goats and Sheep. The maximum number of goats and/or sheep allowed without a permit shall be at the rate of one goat or sheep for each ten thousand square feet of lot area.
3. Slope. Each parcel of land in which livestock or companion animal is kept shall include at least twenty thousand square feet of contiguous land area with a slope of not more than fifteen percent.
4. Standards for Keeping Livestock or Companion Animals.
a. Any shelter, barn, stable or other outbuilding or water trough shall be located at least twenty feet away from the exterior lot lines of the property.
b. Any shelter, barn, stable or other outbuilding shall be located at least fifty feet from any building used for human habitation.
c. There shall be provided a usable exercise area for the livestock or companion animal. The exercise area shall be fenced with a minimum four-foot exterior fence
d. The said exercise area shall have proper drainage and shall provide firm footing for the livestock or companion animal.
e. Provision shall be made for proper watering and feed.
f. Provision shall be made to control dust in the area in which the livestock or companion animals are confined.
g. If a shelter is provided, wood shavings, shredded bark, straw or sawdust shall be provided for the bedding of the livestock or companion animals. (Ord. 585 § 2, 1996: Ord. 539 § 2 (part), 1991).
Any person desiring to keep, maintain or board animals of greater numbers or varying conditions specified in this chapter may be permitted upon securing a variance adjustment or a use permit following the procedures described in the city zoning ordinance. (Ord. 539 § 2 (part), 1991).