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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).