HomeMy WebLinkAboutCC ORD 2004 - 2245ORDINANCE NO. 2004 — 2245
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 8 OF THE NATIONAL CITY
MUNICIPAL CODE RELATING TO ANIMALS BY AMENDING
CHAPTERS 8.04 (ANIMAL CONTROL AND IMPOUNDMENT),
8.08 (LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING),
8.16 (DOG REGULATIONS), 8.24 (KENNELS),
AND 8.32 (KEEPING OF BIRDS AND ANIMALS)
BE IT ORDAINED by the City Council of the City of National City that Title
8 of the National City Municipal Code is amended as follows:
Section 1. Title 8 of the Municipal Code is amended by amending the Table of
Contents to read as follows:
Title 8
ANIMALS
Chapters:
8.04 Animal Control and Impoundment — Generally
8.85 Large Animals and Large Birds at Large or Grazing
812 Dog Licenses
8.16 Dog Regulations
8.24 Commercial Kennels and Catteries
8.32 Keeping of Birds and Animals
8.36 Transportation of Animals in Vehicles
Section 2. That Chapter 8.04 is amended by amending sections 8.04.005 and
8.04.015 to read as follows:
8.04.005 Purpose and intent. It is the purpose and intent of the city council
to provide for the administration of animal control services, to maintain public health
through the restrictions on keeping certain animal species with their attendant diseases
and zoonotic conditions, including exotic Newcastles disease, avian flu and West Nile
virus, and to supplement the provisions of the humane laws contained in the Food and
Agricultural Code, the Penal Code and the various miscellaneous laws of the state of
California respecting animal control in this title within the city limits.
8.04.015 Definitions. Within this Title 8, the following definitions apply:
1. "Animal" means any dumb creature, including but not limited to any
non -human biped or any quadruped, reptile or bird. It includes a "large animal," "large
bird," or a dog or cat.
1 Animal Control Ordinance (2004)
2. "Assistance animal" means any animal trained for and used by a
disabled person to assist that person in dealing with his or her disability. It includes an
"assistance dog".
3. "Assistance dog" means any service dog, guide dog, signal dog or
other dog trained and used by and licensed to a disabled person to assist that person in
dealing with his or her disability. Assistance dogs are also described in Food and
Agricultural Code section 30580. It shall also include a dog being trained for such
service.
4. "At large" or "run at large" means to be untetered, unleashed, or not
confined to the limits of the owner's or handler's property by a fence or enclosure
capable of containment, or not under the physical control of an owner or handler when
the animal is upon any property other than that of the owner or person responsible for
the animal.
5. "Cat" means only a domesticated feline (fells domesticus) of either
sex. It specifically excludes any feral cat, wild cat, leopard, puma, ocelot, lion, tiger,
jaguar, or any other feline considered ferae naturae regardless of its actual or alleged
state of domesticity.
6. "Dog" means only a canine (canis familiaris) of either sex. It
specifically excludes a wolf (lupine), fox (canid), coyote (canis la trans) or any canine
hybrid.
7. "Handler" means any person in possession of an animal, or who is
charged with or is exercising the care, control and custody of the animal. It includes the
person who owns the animal when that person is exercising the care, custody and
control of the animal.
8. "Large animal" means any animal, other than a dog or cat that
attains a body weight at maturity that exceeds twenty-five pounds in weight. It includes,
without limitation: horse, mule, donkey, burro, jackass, pony, oxen, cattle (bull, cow or
calf), hog, pigs (including potbelly pigs), sheep, goats, any non -human primate
(monkey, chimpanzee, ape, simian, etc.), llama, alpaca, dromedary.
9. "Large bird" means any emu, cassowary, ostrich; any turkey,
flightless fowl or any other avian exceeding three pounds in weight; or any raptor (hawk,
owl, falcon, etc.).
10. "Leash" means a cord or strap of leather, canvas or other strong,
non -elastic material that does not exceed six feet in length, with a hook or snap at one
end and a loop or handle at the other which is designed to be held by a human hand.
11. "Not on a Leash". See "unleashed."
12. "Owner" means a person or entity that has legal title to or the right
to dispose of or euthanize an animal. The term may include any person who exercises
apparent control or dominion over an animal to the exclusion of the rights or interest of
others, even if there is no documentation establishing a legally protected or protectible
property right of that person in that animal. When the owner is a corporation or
business entity, the acts, liability or omissions of its officers, agents or employees
regarding the care, maintenance or control of an animal shall also be imputed to the
corporation or business entity, in addition to the liability of the individual responsible for
the act or omission.
13. "Rooster" means a male chicken regardless of age.
14. "Run at Large". See "at large."
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Animal Control Ordinance (2004)
15. "Small animal" or "small bird" means any animal or bird that is not a
large animal or large bird.
16. "Stray" means the same as "at large."
17. "Unleashed" or "not on a leash" means that a dog or other animal is
not attached to one end of a leash the other end of which is neither fastened to a
stationary object nor held by a person who possesses the physical ability to restrain the
dog or animal. It shall be rebuttably presumed that any person weighing less than the
weight of the dog or animal being restrained does not possess the physical ability to
restrain it.
Section 3. That Chapter 8.08 is amended by amending section 8.08.010 to
read as follows:
8.08.010 Definitions. The terms "handler", `owner", "large animal", "large
bird", "at large" or "run at large" are as defined in section 8.04.015.
Section 4. That Chapter 8.12 is amended by amending sections 8.12.010 and
8.12.030 to read as follows:
8.12.010 License required. A. Except as provided in subsection "B" of this
section, it is unlawful to own, handle, possess or maintain a dog over the age of four
months within the city limits unless the dog is licensed in accordance with this chapter.
B. Any person owning, handling, possessing or maintaining a dog over the
age of four months shall be exempted from licensing for a period not to exceed thirty
continuous days from the dog's first arrival in the city, provided satisfactory proof by way
of written declaration under penalty of perjury establishing the date of entry is presented
to the animal control officer by the owner or person responsible for the dog.
C. Any dog licensed in another jurisdiction that remains within the corporate
limits of the city for more than thirty days shall be licensed in accordance with this
section. To encourage registration, at the option of the owner a license shall be issued
for the duration of any unexpired portion of the previous license upon payment of the
transfer fee specified in the National City fee schedule, or a new or original license be
issued upon payment of the standard license fee. This option shall be available only
during the first thirty days following arrival of the dog in the city.
8.12.030 License taq. A. A numbered receipt bearing a brief description of a
licensed dog and a correspondingly numbered metal license tag bearing the expiration
date shall be issued with each license granted. The numbered metal license tag shall
be firmly attached by the licensee to the collar or harness and shall be worn by the dog
for which issued at all times, except when the dog is securely confined on or within the
property or vehicle of the owner.
B. (No change).
Section 5. That Chapter 8.16 is amended by amending sections 8.16.005,
8.16.020, 8.16.030, 8.16.050, 8.16.060, 8.16.070, 8.16.100, 8.16.110, and adding
section 8.16.120 to read as follows:
3 Animal Control Ordinance (2004)
8.16.005 Definitions. The terms "handler," "owner", "leash," "run at large"
and "unleashed" as defined in section 8.04.015 are restated for clarity:
A. "Handler" means any person in possession of an animal, or who is
charged with or is exercising the care, control and custody of the animal. It includes the
person who owns the animal when that person is exercising the care, custody and
control of the animal.
B. "At large" or "run at large" means to be untethered, unleashed, or not
confined to the limits of the owner's or handler's property by a fence or enclosure
capable of containment, or not under the physical control of an owner or handler when
the animal is upon any property other than that of the owner or person responsible for
the animal.
C. "Leash" means a cord or strap of leather, canvas or other strong, non-
elastic material that does not exceed six feet in length, with a hook or snap at one end
and a loop or handle at the other which is designed to be held by a human hand.
D. "Not On a Leash." See "unleashed."
E. "Unleashed" or "not on a leash" means that a dog is not attached to one
end of a leash, the other end of which is neither fastened to a stationary object nor held
by a person who possesses the physical ability to restrain the dog or animal. It shall be
rebuttably presumed that any person weighing Tess than the weight of the dog or animal
being restrained does not possess the physical ability to restrain it.
F. "Owner" means a person who has the legal title to or right to dispose of or
euthanize an animal. The term may include any person who exercises the apparent
control or dominion over an animal to the exclusion of the rights or interest of others,
even if there is no documentation establishing a legally protected or protectible property
right of that person in that animal.
8.16.020 Dogs at large or unlicensed. A. It is unlawful for an owner or
handler of a dog to allow that dog to run at large within the city limits. A dog is not at
large if confined within a motor vehicle.
B. It is unlawful for an owner or handler of any dog required by this title to be
licensed to suffer, allow or permit such dog to be within the city limits without the license
tag issued for that dog, or without a collar or harness around its neck to which is
attached the license tag issued pursuant to section 8.12.030, except when the dog is
securely contained in a motor vehicle or upon the owner or handler's property.
C. It shall be rebuttably presumed that a person acting as a handler and
weighing less than the weight of the dog being restrained lacks the physical capacity to
restrain the dog, and thereby prevent it from running at large.
D. "Handler" means any person in possession of an animal, or who is
charged with or is exercising the care, control or custody of the animal. It includes the
person who owns the animal when that person is exercising the care, custody or control
of the animal.
E. "Owner" means a person who has the legal title to or right to dispose of or
euthanize an animal. The term may include any person who exercises the apparent
control or dominion over an animal to the exclusion of the rights or interest of others,
even if there is no documentation establishing a legally protected or protectible property
right of that person in that animal.
4 Animal Control Ordinance (2004)
8.16.030 Trespassing. A. It is unlawful for an owner or handler of a dog to
suffer, allow or permit such dog to enter or remain upon any public or private property
within the corporate limits without the consent of the city manager for public property or
the owner or lessee of private property. This prohibition applies whether the dog is on a
leash or not.
B. It is unlawful for any person in the actual or apparent control of a dog to
allow that dog to defecate upon the streets, sidewalks and other public property or on
another's private property without thereafter immediately cleaning up and disposing of
the deposited feces in a trash receptacle or other suitable receptacle. If the offending
dog is at large and no person claims ownership or control, the dog shall be impounded.
C. It is unlawful for an owner or handler of a dog to fail or refuse to
immediately cleanup and dispose of feces deposited by that dog upon any street,
sidewalk or public or private property following notification to the owner or handler by
the owner or person in charge of the property upon which the dog defecated.
8.16.050 Barking dogs. A. It is unlawful for any person to keep, maintain or
permit upon any premises under his or her ownership or control within the city limits any
dog which, by excessive and continuous barking, howling and yelping, or any similar
noise, disturbs the peace and comfort of any resident of normal and reasonable
sensitivity on neighboring property so as to interfere with their reasonable and
comfortable enjoyment of life or property. Any such interference also constitutes a
public nuisance. Pursuant to section 12.10.120, a dog that howls, barks or makes a
sound characteristic of that breed which creates a noise disturbance across a
residential or commercial real property line or within a noise sensitive zone between the
hours of 10 p.m. and 7 a.m. daily for more than three (3) minutes, or at other times for
more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes
within any sixty (60) minute period constitutes a public nuisance.
B. (No change).
C. (No change).
D. In order for a violation to be processed by an animal control officer under
either subsection B or C of this section, the following requirements are established:
1. That the complainant has made at least one reasonable verbal or
written request to the owner or the person responsible for the custody and possession
of the dog to either stop the dog from barking, or to eliminate the cause for the dog's
disturbances. (This requirement may be waived for good cause where it may appear
that there is a potential and credible threat to the physical well-being of the
complainant);
2. That the dog can be heard audibly from an adjoining public right-of-
way or at the exterior of any building on any immediately contiguous property adjacent
to the property on which the dog is kept;
3. That the dog: (a) was not acting in defense of its property against a
trespasser; and (b) was not being provoked by any person other than the owner of the
property upon which the dog was situated or the person responsible for the dog. A
person who is merely a lawful passerby on a public street or sidewalk shall not be
considered a source of provocation;
4. That the barking constituted a public nuisance as defined in section
8.16.050A;
5 Animal Control Ordinance (2004)
5. The identity of other witnesses or complainants.
E. At the time of a first complaint, the complainant shall be instructed to
maintain a log to establish the following:
1. Date and time of barking episodes;
2. Duration of barking;
3. Address of violation;
4. Any factors, or the non-existence of factors, which may have
contributed to the barking, howling or yelping by the dog.
F. (No change).
G. (No change).
8.16.060 Dogs in food establishments —Prohibited. It is unlawful for any
owner or handler of any dog other than an assistance dog to suffer, allow or permit it to
enter any restaurant, grocery store, milk depot, fruit or vegetable market, meat market
or any other place of business in the city where food or foodstuffs of any character used
for human consumption is manufactured, sold, served or handled. This prohibition shall
not apply at an outdoor eating establishment or seating area.
8.16.070 Potentially dangerous or vicious dogs —Regulations and
prohibitions. A. This section supplements the definitions, procedures and penalties
governing potentially dangerous and vicious dogs contained in Food and Agricultural
Code sections 31601 through 31683, and Penal Code section 399.5. The animal
control officer is authorized to initiate proceedings under those sections to declare a dog
to be potentially dangerous or vicious. The animal control officer shall immediately
impound any dog that, by its actions in biting or menacing a human being or other
animals, meets the definition of a potentially dangerous or vicious dog.
B. It is unlawful and a misdemeanor for any person to maintain a dog within
the city limits after it has been adjudicated a potentially dangerous or vicious dog
pursuant to proceedings conducted under Food and Agricultural Code sections 31621
through 31626, or this section.
C. (No change).
D. Pursuant to the authority of Food and Agricultural Code section 31621, as
an alternative abatement proceeding for a potentially dangerous or vicious dog, the
animal control officer may post a notice on the property from which the dog was
impounded advising the owner, or its handler when the owner cannot be ascertained,
that the dog will be declared a potentially dangerous or vicious dog and be euthanized
five business days after its impound or as soon thereafter as is practicable, unless the
owner or handler, during the interim, requests an administrative hearing to contest the
determination. A duplicate copy of the notice shall be mailed to the owner, or the
handler if the owner cannot be ascertained, by certified mail and first class mail with
return address. The request for the hearing may be verbal or written, or both. The
animal control officer or the head of the department shall immediately cause a hearing
to be held following the procedures of Penal Code section 597.1. Any city officer or
official, other than the animal control officer ordering the impound, may conduct the
hearing. The hearing shall be informal in nature and the formal rules of evidence shall
not apply. The hearing shall be limited to the question of whether the dog is potentially
dangerous or vicious, and whether or not the dog should be euthanized or some
6 Animal Control Ordinance (2004)
alternative method for its care and custody be provided. The notice of decision shall be
served personally on the owner, or by mail, certified and first class with return address;
receipt of either shall constitute service of notice. Failure to receive the notice shall not
affect the validity of service or the proceedings. Failure to request the hearing within the
time allowed shall constitute a waiver of the right to contest the determination or the
euthanization of the dog. The owner or handler shall be liable for all costs and fees
pursuant to section 8.04.030.
E. The animal control officer shall order the euthanization of any dog
determined to be potentially dangerous or vicious pursuant to this section.
Euthanization may occur immediately only upon the waiver of the hearing; otherwise, it
may occur only after five working days following the date of the service of the notice of
decision under subsection D of this section if no appeal has been filed with the Superior
Court. If an appeal is filed, the dog shall remain in impound pending the decision on the
appeal.
F. The city attorney is authorized to file a civil action to abate a potentially
dangerous or vicious dog, when appropriate.
8.16.100 Yard fences required. A. It is unlawful to allow a dog to run loose
in any yard in the city unless the yard in which the dog is maintained is fully enclosed
with fences and/or enclosures of sufficient height, strength and method of construction
to restrain and contain the animal within the yard or enclosure and prevent the animal
from escaping therefrom. Subject to the height limits prescribed in chapter 18.50 of this
code, a fence shall be considered insufficient to contain a dog unless it is at least the
greater of four feet in height or the height of the dog to be contained measured at its
shoulders plus twelve inches.
B. (No change).
C. (No change).
D. Notwithstanding compliance with the height requirements for fencing of
section "A", no person shall maintain a dog on property where the height of the fence is
actually insufficient to prevent the dog from jumping or leaning over the fence so as to
be able to menace pedestrians who are using a public sidewalk or right of way.
8.16.110 Assistance dogs. In general, the regulations of this title as they
may relate to assistance dogs and assistance dogs in training shall be interpreted and
administered in a way as to afford maximum compliance with the spirit and intent of the
Americans with Disabilities Act.
8.16.120 Attack, Guard and Sentry Doq Regulations. This section
implements the provisions of "The Dog Act of 1969", as amended, Health and Safety
Code sections 121875 through 121945, regulating attack, guard and sentry dogs.
Definitions within the Dog Act of 1969, as amended, govern the interpretation and effect
of this section.
A. The provisions, requirements and prohibitions contained in the Dog Act of
1969 and in particular the provisions of Health and Safety Code section 121918 are
hereby adopted as an ordinance of the City of National City. It is unlawful and a
misdemeanor for an operator of a sentry dog company, or any handler employed by that
operator, to fail to observe any of the mandatory provisions or prohibitions contained in
7 Animal Control Ordinance (2004)
Health and Safety Code section 121918 as adopted by this section of the Municipal
Code, or any of the requirements of this Title 8 as it applies to dogs. Those provisions
of state law which are separately punishable as a violation of state law shall not be
deemed adopted by ordinance as a city misdemeanor to avoid state preemption issues,
and shall be administered by the animal control officer for regulatory purposes under
this Title 8. The Chief of Police, through the Animal Control Officer as designee, is
responsible for implementing the provisions of state law and this code regulating attack,
guard and sentry dogs.
B. In addition to a business license, any person who owns or operates a
sentry dog company shall apply for and obtain a separate sentry dog operator permit to
operate within the City of National City and shall pay the permit fees established in the
National City Fee Schedule prior to posting any dog for assignment within the city limits.
This licensing requirement does not apply to the owner or operator of a business or
premise who owns and maintains an attack, guard or sentry dog on that specific
premise.
C. An application for a sentry dog operator permit may be denied for good
cause. Good cause shall include the making of a materially false application, the
demonstrated failure of the applicant to observe animal control regulations or the state
humane laws in this or other jurisdictions, or the conviction of or violation of probation
for animal control regulations or the state humane laws in this or other jurisdictions
within the state of California. If denied, no application may be resubmitted for one year,
or the successful completion of probation, whichever shall be longer. Appeals from
denial of application shall be handled under subsection E of this section.
D. A sentry dog operator shall notify both the Chief of Police and the Fire
Chief of each address within the city of assignment of each attack, guard or sentry dog
at least 15 days prior to the posting of the dog at that address. This notification
requirement shall also apply to any owner or operator of a business or industrial or
commercial premise which owns and maintains an attack, guard or sentry dog on that
specific premise.
E. Permits issued under this section may be revoked, suspended or
conditions of probation be imposed by the Animal Control Officer for violations of the
Dog Act of 1969 or this Title 8. The denial of an application or the revocation or
suspension of a permit by the Animal Control Officer may be appealed by an applicant
or operator in writing to the Chief of Police within ten (10) calendar days from the date of
denial, revocation or suspension of a license or application. The Chief of Police shall
appoint an examiner to conduct an informal administrative hearing and make
recommendations to the Chief concerning the denial, revocation or suspension of a
license or application. Conditions of probation imposed by the Animal Control Officer
that are consistent with the Dog Act of 1969 or this Title 8 shall not be appealable,
unless revocation or suspension results from violation of those conditions of probation.
Unless appealed, the action of the Animal Control Officer shall be administratively final.
If appealed, the decision of the Chief of Police shall constitute the exhaustion of
administrative remedy and shall be administratively final.
F. Any notices required for administration or enforcement of this section shall
be sent in accordance with section 1.42.030.
Section 6. That Chapter 8.24 is amended by amending sections 8.24.010,
8.24.020 and 8.24.040 to read as follows:
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Animal Control Ordinance (2004)
8.24.010 Commercial Kennel or catterv. A commercial kennel is as defined
in section 18.04.368. For purposes of this chapter, the term shall also include a
commercial cattery where cats are raised or bred for sale or boarded for compensation.
8.24.020 Commercial Kennel and cattery operating permits. A. Commercial
kennels and catteries require an operating permit issued by the Animal Control Officer,
and must comply with zoning regulations. Applications to maintain a commercial kennel
or cattery shall be processed through the planning commission. Applications shall be
denied if impermissible with the zoning of the property, or, if the operation and
maintenance of a kennel or cattery at that location, with due consideration for noise,
sanitation and drainage, would be incompatible with, and inimical to, existing uses on
contiguous parcels, contrary to public health and welfare.
B. Once approved, a kennel or cattery operating permit shall be renewed
annually by the Animal Control Officer upon payment of the annual licensing fee
established in the National City fee schedule, provided the kennel or cattery continues
to be maintained in accordance with Chapters 8.24 and 8.32.
8.24.040 Inspection —Suspension and revocation of issued kennel and
cattery operating permits.
A. (No change).
B. A kennel or cattery operating permit may be revoked for any violation of the
Penal Code, the Food and Agricultural Code or this title as it relates to the care and
custody of animals. The holder of the permit may appeal an order of revocation in
accordance with the procedures established in Chapter 1.42 for administrative hearings.
C. (No change).
D. (No change).
Section 7. That Chapter 8.32 is amended by amending sections 8.32.010,
8.32.015, 8.32.020 and 8.24.040 to read as follows:
8.32.010 Prohibitions on keeping animals and birds. A. Except as provided
in section 8.32.015 and in order to protect the public health and welfare and prevent the
spread of exotic Newcastle disease, avian flu and West Nile virus, it is unlawful to keep,
possess or maintain anywhere within the city limits any of the following animals, birds or
reptiles. Prohibited animals shall include, without limitation, the following:
1. Any venomous snake, lizard or reptile;
2. Any lizard or reptile, including a non -venomous snake, exceeding
six feet in length or twenty-five pounds in weight;
3. Any ferret, skunk or polecat;
4. Any lion, tiger, leopard, .cheetah, wildcat or other members of the
feline family, other than a "cat" as defined in section 8.04.015, regardless of actual
weight or age;
5. Any primate (monkey, chimpanzee, etc.) except a monkey which is
trained as a service animal and being used to assist a disabled person in dealing with
their disability, provided the monkey does not exceed twenty pounds in weight.
6. Any pig;
7. Any wolf, fox, coyote or similar member of the canid or lupus family
or any canine hybrid;
9 Animal Control Ordinance (2004)
crowed;
8. Any rooster regardless of size or whether it has been surgically de-
9. Any other large animal that is not a horse, burro, jackass, mule,
cow, sheep or goat, llama or alpaca;
10. Any animal or bird whose possession is restricted by federal or
state law without a permit.
B. The prohibitions on animals in subsection A of this section shall not apply
in the case of a traveling circus or carnival which has obtained a temporary use permit
pursuant to Chapter 15.60 to conduct exhibitions of a temporary nature and duration.
Animals shall be securely kept and maintained in enclosures or cages in accordance
with applicable humane and sanitary laws. It shall be a condition of any permit that the
permit holder will be subject to unannounced inspections.
8.32.015 Restrictions on keeping certain animals, birds and reptiles. A. It is
unlawful to keep, possess or maintain any other animal, bird or reptile not prohibited by
section 8.32.010, except as follows:
1. Only horses, cows, goats, sheep, burros, mules, jackasses, llamas,
or alpacas may be kept, possessed or maintained, either alone or in combination with
each other, not to exceed a total of five combined, on a parcel of land with a minimum of
at least a twenty thousand square feet area.
2. Any combination of the following classes of animals, not to exceed
a total of twenty (20), with each class limited by a maximum of four adult rabbits, four
chinchillas, four hen chickens, four turkeys, four ducks, four geese, or twenty pigeons
may be kept on any property zoned for single family residential use that is greater than
twenty thousand (20,000) square feet in area.
3. Domesticated rats or domesticated mice, hamsters or parakeets or
small ornamental songbirds, or any combination not to exceed a total of twenty, may be
kept in cages or similar enclosures on any property used for residential purposes.
4. Any number of domesticated mice or domesticated rats, hamsters,
parakeets or small ornamental songbirds, or other birds or animals not prohibited by
section 8.32.010, may be kept at any laboratory or pet shop properly located in a zone
allowing for such use, provided the animals are kept under humane sanitary conditions
in cages or enclosures which are designed to prevent them from being at large.
5. A maximum of three dogs and three cats, all over the age of four
months, may be kept on any property used for single-family residential dwelling.
6. A maximum of two dogs or two cats, all over the age of four
months, or a combination not to exceed two may be kept or maintained in any one
dwelling unit located within a mobile home park, multifamily dwelling or apartment or
condominium complex, if allowed by the regulations of the owner or condominium
association.
7. Large birds not exceeding a total of two may be kept on any parcel
exceeding twenty thousand (20,000) square feet pursuant to a permit issued by the
animal control officer.
8. In addition to any animals allowed by subsection A of this section, a
resident of a dwelling unit located in a mobile home park, multifamily apartment or
dwelling or condominium may keep a maximum of two small ornamental birds or song
birds, if allowed by the regulations of the owner or condominium association.
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Animal Control Ordinance (2004)
9. Except as provided otherwise in this section, no more than three
cats exceeding four months of age shall be kept on any parcel of land within the city.
10. Only one non -venomous snake not exceeding six feet in length or
one reptile or lizard not exceeding twenty-five pounds in weight, may be kept on any
property, either alone or in combination with any other animal or combination allowed by
this section.
B. 1. Exemptions to the above limits may be allowed for educational,
conservation, religious or preservation purposes upon issuance of an animal permit by
the city council or city manager. No permit shall be issued unless it shall affirmatively
appear that the increase in numbers or combinations will not adversely affect the public
health and safety or be incompatible with uses on contiguous properties. Each permit
issued is subject to revocation or nonrenewal, or both, for violations of this title. An
annual permit fee as established in the National City fee schedule shall be paid at the
time of application and each renewal.
2. Violations of issued permits shall result in the impoundment of any
animals, birds or reptiles in excess of the number or species allowed by subsection A of
this section, and the revocation of the permit. The permit holder may appeal the permit
revocation in accordance with Chapter 1.42 within ten calendar days from the date of
revocation to show cause why the permit should not be permanently revoked.
Impounded animals shall be kept at the owner's expense during the appeal or pending
decision, following which disposition pursuant to section 8.04.020 shall occur.
3. Violations are also subject to administrative or criminal actions, as
appropriate, notwithstanding the revocation of the permit.
C. The authority granted by subsection A of this section to keep or maintain
animals, reptiles or birds shall not apply on any property, including a mobile home park,
condominium association or apartment, where other restrictions or prohibitions on the
keeping of animals, birds or reptiles exist, either by regulation, lease, zoning or
restrictive covenants.
8.32.020 Conditions of keeping or maintaining permitted animals, birds and
reptiles. Except where a prohibition or restriction is specifically made applicable to "any
person", it is unlawful for an owner, handler or any other person charged with the keep,
care, possession or maintenance of an animal, bird or reptile to fail to comply with the
following regulations:
A. All dead birds, animals and reptiles, and all manure, feces, feathers, skins
and related detritus shall be removed and disposed of in a sanitary manner within forty-
eight hours of death or occurrence. Pending disposal, the materials shall be stored in
fly tight, air tight containers.
B. - I. (No change).
J. Except for cats, no animals shall be allowed to run at large.
Notwithstanding, a cat owner shall control his or her cat or cats so as to avoid the
creation of a public nuisance. Cats at large may be trapped by any person using a
nonlethal, humane trap and shall be turned over to an animal shelter or an animal
control officer within twenty-four hours. The city shall not be responsible for trapping or
transportation.
K. No feral pigeons or cats at large shall be fed or maintained on any public
or private property in the city by any person. In order to prevent attracting wild animals
11 Animal Control Ordinance (2004)
and birds, domestic pigeons may only be fed within a coop on the property of the owner
or handler, and cats may only be fed within a residence or an enclosure on the property
of the owner.
L. No rat or mouse that is being lawfully maintained pursuant to this chapter
shall be released or allowed to run at large within the surrounding community.
M. No person shall feed any wild bird upon the premises of any restaurant or
facility serving or selling food for human consumption.
N. It is unlawful to allow any animal or bird to make excessive and continuous
noise which disturbs the peace and comfort of any resident of normal and reasonable
sensitivity on neighboring property so as to interfere with his or her reasonable and
comfortable enjoyment of life or property. Interference by noise shall also constitute a
public nuisance. Pursuant to section 12.10.120, any animal or bird that howls, barks,
meows, squawks, or makes a sound characteristic of that species which creates a noise
disturbance across a residential or commercial real property line or within a noise
sensitive zone between the hours of 10 p.m. and 7 a.m. daily for more than three (3)
minutes, or at other times for more than ten (10) consecutive minutes or for more than a
total of fifteen (15) minutes within any sixty (60) minute period is a public nuisance. The
procedures set forth in sections 8.16.050 and 8.16.055 shall be utilized in responding to
noise complaints and requests for abatement, in so far as applicable, under this section.
O. Persons who are affiliated with animal and avian rescue organizations are
restricted to keeping only that number or combination of birds, animals or reptiles
allowed by this chapter 8.32 on the property where the operation is conducted,
notwithstanding the charitable nature of their enterprise.
8.32.040 Transition provisions. The prohibitions and restrictions enacted and
made applicable to the possession of animals and birds in Chapter 8.32 pursuant to
Ordinance ( 2004-2.245 ) shall not apply to any animal or bird currently and lawfully
owned by a resident of this city until July 1, 2004, after which date the animal shall be
immediately removed from the city or be surrendered to the Animal Control Officer for
disposition or placement when possible, or for destruction when not possible. After July
1, 2004, it is unlawful for any person to possess or maintain an animal or bird in
violation of Chapter 8.32. This transition provision shall not apply to any bird or animal
that was regulated or prohibited by the adoption of Ordinance 2171 in the year 2000,
the transition period for compliance having since expired, and for which any prohibition,
regulation or restriction is now fully applicable.
ATTEST:
it
Mic .el R. Dalla i ity Clerk
PASSED and ADOPTED this 18TH day of MAY
12
yor
APPROVED AS TO FORM:
, 2004.
George H. Eiser, III, City Attorney
Animal Control Ordinance (2004)
Passed and adopted by the Council of the City of National City, California, on May 18, 2004, by
the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
lerk of the Ciof National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
May 4, 2004, and on May 18, 2004.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2004-2245 of the City Council of the City of National City, passed and
adopted by the Council of said City on May 18, 2004.
City Clerk of the City of National City, California
By:
Deputy