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Agenda Item No. 5(B) ORDINANCE NO. 2011-05 AN ORDINANCE OF THE CITY OF EL CERRITO AMENDING TITLE 7 ("ANIMALS") OF THE EL CERRITO MUNICIPAL CODE BY AMENDING CHAPTER 7.04 ("COUNTY REGULATIONS"), ADDING A NEW CHAPTER 7.06 ("DEFINITIONS") AND REPEALING AND RE-ENACTING CHAPTERS 7.08 ("KEEPING OF ANIMALS") AND CHAPTER 7.12 ("DOGS") THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES HEREBY ORDAIN AS FOLLOWS: DIVISION I. Title 7 ("Animals") of the El Cerrito Municipal Code is hereby amended with the following additions and deletions to read as follows (additions in underline, deletions in strikethrough): Chapter 7.04 County Regulations Chapter 7.06 Definitions Chapter 7.08 Keeping of Animals Chapter 7.12 Dogs TITLE 7 ANIMALS Chapter 7.04 County Regulations Section 7.04.010 Adoption by reference of county's animal control code. The boa-rd of supervisors of the county, County Board of Supervisors, an agency of the state within the meaning of Government Code Section 50022.1, has adopted County Ordinances ·Nos. 80 97 and 83 1 0 being a codification of provisions for animal control services fand constituting Division 416 of the County Ordinance Code.J, and it is a code 'Nithin the meaning of Government Code Section 50022.2; and c Certified copies of it Division 416 of the County Code are and have been on file with the eCity eClerk where they are open to public inspections, all as required by Government Code Section 50022.3. +his The County animal control code and any amendments thereto are referred to and adopted by this reference as p·art of the this city ordinance, as provided for in Government Code Section 50022.2 to the extent not inconsistent with the provisions of this chapter Title. Section 7.04.015 Penalties. A. 1'-Jot\vithstanding Section 1.08.030 of the El Cerrito ~4unicipal Code, and pursuant to Food and A.gricultural Code Section 314 0 1, violations of Division 4 16 of the County Code, incorporated by reference by El Cerrito ~4unicipal Code Section 7.04 .010, e)ccepting Chapter 416 10 and A.rticle 416 12.2, ate-punishable by a fine of not more than fifty dolla-rs for the first offense, and not more than one hundred dolla-rs for the second or subsequent offense. 1 ---PAGE BREAK--- Agenda Item No. 5(B) B. !'Jo:P,;vithstanding subsection above, violation of section 416 4 .4 04, A.bandonment, excluding abandonments under Section 416 8. 014, is a misdemeanor and punishable as suefr. Section 7.04.015 Penalties. Penalties for violations of this title shall be imposed pursuant to Title 1 of the El Cerrito Municipal Code. Section 7.04.020 Request enforcement in city. The county ordinance referred to and adopted contains the provisions of those sections of the California Food and Agricultural Code referred to in Section 30501, and therefore the city ordinance constitutes the city's request that the provisions of the county ordinance be applicable within the city, and they shall hereafter so apply, pursuant to Food and Agricultural Code Section 30501. Chapter 7.06 Definitions Section 7.06.010 Definitions. The following words and phrases, when used in this title, are defined as follows: A. "Amphibian" shall mean member of the class Amphibia, including, but not limited to, frogs, toads and salamanders. B. "Animal" shall mean a member of the kingdom Animalia. C. "Arthropod" shall mean member of the phylum Arthropoda. D. "Beehive" shall mean a box, receptacle or container, typically a hive, designed to house one Honeybee colony for the purpose of beekeeping. E. "Bird" shall mean a member of the class Aves. F. "Cat" shall mean a member of the species Felis catus. G. "Chicken" shall mean a member of the subspecies Gallus gallus domesticus. H. "Coop" shall mean a roofed structure where chickens typically roost. I. "Domestic" shall mean animals bred to be accustomed to human provision and control that are typically kept as pets. J. "Dog" shall mean a member of the subspecies Canis lupus {amiliaris. K. "Fish" shall mean an aquatic vertebrate that is covered with scales, as well as other commonly kept aquatic animals, including, but not limited to, shrimp, snails, and live coral. L. "Fowl" shall mean a member of the superorder Galloanserae, including, but not limited to, ducks, geese, and turkeys. M. "Goat" shall mean a member of the subspecies Capra aegagrus hircus. N. "Goat Weed Abatement Permit" shall mean an over-the-counter, administrative check to ensure that Goats are kept in compliance with Section 7.08.020 CM)(2). 0. "Hen" shall mean a female Chicken. P. "Honeybee" shall mean a member of the genus A pis. Q. "Honeybee Keeping Clearance" shall mean an over-the-counter, administrative check to ensure that Honeybees are kept in. compliance with this title. R. "Insect" shall mean a member of the class Insecta. 2 ---PAGE BREAK--- Agenda Item No. S(B) S. "Livestock" shall mean an animal typically domesticated for the purpose of food, fiber or labor production, including, but not limited to, horses, cattle, sheep, mules, llamas, alpacas, ostriches, emus, and peacocks. T. "Pen" shall mean an enclosure used to confine animals to a specific area U. "Pig" shall mean a member of the subspecies Sus scro(a domesticus. V. "Rabbit" shall mean a member of the family Leporidae. W. "Reptile" shall mean a member of the class Reptilia, including, but not limited to, lizards, snakes, and turtles. X. "Residential Chicken Clearance" shall mean an over-the-counter, administrative check to ensure that Chickens are kept in compliance with this title. Y. "Rodent" shall mean a member of the order Rodentia, including, but not limited to, mice, hamsters, and guinea pigs. Z. "Rooster" shall mean a male Chicken. AA. "Wild Animals" shall mean those animals as defined in the Contra Costa County Code. Chapter 7.08 Keeping of Animals Section 7.08.010 Permitted animals. The follo'..ving animals are permitted 'vVithin the city subject to the provisions of this chapter: cats; dogs; fovlls and birds 'Neighing less than one half pound; any other animal 'vveighing less than three pounds except as othenvise provided herein. Section 7.08.020 i\nimals requiring use permits. }Jo person shall keep any animal 'Neighing more than three pounds, except a cat or dog, any fovll or bird weighing more than one half pound, any venomous or poisonous reptile, or any bees 'Nithin the city vlithout first having obtained a use permit from the city planning commission pursuant to Chapter 19.4 0 of this code. Section 7.08.030 Separation from neighbors. }Jo fovll, bird, rabbit, hare or rodent shall be kept outside of a home or 'vVithin hventy feet of a property line. Section 7.08.040 Animal noise. }Jo fov~rJ., bird or animal of any sort, kept \Vithin the city shall be allo'vved to disturb neighbors v1ith its noise between sunset and one half hour after sunrise. Section 7.08.050 Staking animals. }Jo person shall keep an animal \Veighing more than fifty pounds on any premises not surrounded by a fence sufficient to contain such animal, unless the same shall be so securely staked, tied or fastened as to pre·vent it breaking away and running at large. Section 7.08.060 i\nimals Sale. It is unlw.:vful for any person, firm, or corporation to display, sell, offer for sale, barter or give away any baby chicks, rabbits, ducklings or other fov;l, turtles or lizards, as pets or novelties, 'Nhether or not dyed, colored, or othenvise artificially treated. This section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fov;l in proper facilities by dealers, hatcheries, or stores engaged in the business of selling the same to be raised for food purposes. Section 7.08.070 A.nimal hospitals. }Jo person shall establish, conduct or maintain any stable, hospital or other place for the treatment of diseased or injured animals vlithin the 3 ---PAGE BREAK--- Agenda Item No. S(B) city 'vVithout first applying for and receiving a use permit from the planning commission so to do. Section 7.08.080 Conditions for keeping certain animals. \Vhenever in this chapter a use permit from the planning commission is required, such permit shall be in Vlriting and shall sta-te therein the conditions upon vlhich it is granted. It shall state the name and address of the responsible ovlner or applicant. Any permit shall be revocable at any time should the permittee fail to comply 1vVith all of its said conditions. A copy of the permit shall be presented to the county animal control director or to the city manager upon request. 7.08.090 Violations Penalties. i\ny animal, fovil, bird, or reptile in violation of this ordinance and any applicable use permit must be removed from the city, permanently, by its owner. Any violation of the conditions of this chapter is a nuisance per se. Section 7.08.010 General Provisions. The following prov1s1ons shall apply to the keeping of any Animal in the City of Cerrito: A. Public Health and Safety. It shall be unlawful and shall constitute a nuisance to keep any Animal that poses a threat to public health or public safety. B. Animal Noise. In addition to those provisions in Section 416-12.202 of the . Contra Costa County Ordinance (as amended), no Animal shall be permitted to disturb neighbors with its noise between sunset and one-half hour after sumise. C. Sanitation. It shall be unlawful and shall constitute a nuisance for any person to keep animals and all premises, enclosures or structures wherein animals are kept in an unsanitary manner. Such Animals and premises shall be kept free of obnoxious odors. All debris, refuse, manure, urine, food waste, or other Animal byproduct shall be removed from all premises, enclosures or structures wherein Animals are kept every day or more often as necessary. D. Nuisances. All Animals and premises, enclosures or structures wherein animals are kept shall conform to the standards and procedures established in Chapter 8.34: Nuisances. E. Animal-related Businesses. No business resulting from the keeping of animals, including, but not limited to, breeding animals, boarding animals, and sale of animal derived products shall be permitted as a home occupation without approval of a conditional use permit. Section 7.08.020 Animals Permitted by Right and with Use Permits. The following Domestic Animals are permitted subject to the provisions of this Title: A. Dogs. B. Cats. C. Rodents. D. Rabbits. E. Fish. F. Reptiles and Amphibians. G. Chickens. 4 ---PAGE BREAK--- Agenda Item No. S(B) 1. Prohibitions on Roosters. Only Hens are permitted pursuant to this Chapter. Roosters are prohibited. 2. Limitation on Number. A maximum of four Chickens are permitted on properties of at least 4,000 square feet that contain single-family residential dwelling units, as long as the property owner holds a valid Residential Chicken Clearance. 3. Enclosure Requirement. Chickens shall be kept in a Pen which is sufficient to contain Chickens. 4. Location of Coops. Chicken Coops shall not be located closer than 20 feet to dwelling units on adjacent properties. Coops of 120 square feet and smaller shall not be subject to Section 19.06.030(T). 5. Exceptions. a. Unanimous Consent of Adjacent Property Owners. Exceptions to Subsection 2, above, allowing up to six Chickens on properties of at least 4,000 square feet that contain single- family residential dwelling units or allowing up to four Chickens on properties less than 4,000 square feet containing single family dwelling units and exceptions to Subsection 4, above, shall be permitted with written consent of the owner of every property which directly abuts the property on which chickens would be kept. b. Conditional Use Permit. Any exceptions to Subsections 2 and 4, above, which have not secured unanimous consent of all adjacent property owners, shall be permitted with a conditional use permit. H. Other Fowl. Fowl, other than Chickens, shall not be permitted without a conditional use permit. I. Other Birds. Birds that are kept from flying at-large and kept indoors shall be permitted. Birds that are permitted to fly at-large or birds that are kept outdoors shall not be permitted without a conditional use permit. J. Honeybees. 1. Number of Hives. A maximum of one Beehive shall be permitted by right on properties of at least 5,000 square feet that contain a single- family dwelling unit, as long as the property owner holds a Honeybee Keeping Clearance. 2. Location of Beehives. Beehives shall be located behind the principal structure on the property. Beehives shall not be located closer than 20 feet to dwellings on adjacent properties or 5 feet from a property line. Beehives shall not be subject to Section 19.06.030(T). 3. Notice. Upon determining that a Honeybee Keeping Clearance application is complete, the Zoning Administrator shall mail notice to the owners of all properties which directly abut the property for which a Honeybee Keeping Clearance -application has been submitted. The notice shall contain the date -on which the Honeybee Keeping Clearance will take effect. The Honeybee Keeping Clearance shall become effective no fewer than 14 days after the date of the notice. 5 ---PAGE BREAK--- Agenda Item No. S(B) 4. Exceptions. a. Unanimous Consent of Adjacent Property Owners. Exceptions to Subsections 1 and 2, above, allowing up to three Beehives on properties of at least 5,000 square feet that contain single-family residential dwelling units or allowing up to one Beehive on properties less than 5,000 square feet containing single family dwelling units shall be permitted with written consent of the owner of every property which directly abuts the property on which Honeybees would be kept. b. Conditional Use Permit. Any exceptions to Subsections 1 and 2, above, which have not secured unanimous consent of all adjacent property owners, shall be permitted with a conditional use permit. K. Insects. Insects, other than Honeybees, and other commonly kept Arthropods, including but not limited to, ants, spiders, millipedes, and hermit crabs. L. Pigs. 1. Limitation on Size. Pigs over 150 pounds shall not be permitted without a conditional use permit. 2. Maximum Number. A maximum of two Pigs shall be permitted on properties of at least 5,000 square feet that contain single-family residential dwelling units, subject to approval of an administrative use permit. The following situations will require a conditional use permit: more than two Pigs on lots containing single family residences; any number of Pigs on properties containing multi-family dwelling units; or any number of Pigs on properties smaller than 5,000 square feet. 3. Enclosure Requirement. All Pigs shall be kept in a Pen sufficient to hold Pigs. 4. Enclosure Setbacks. Enclosures for Pigs shall not be located closer than 20 feet to dwellings on adjacent properties or 5 feet from a property line. M. Goats. 1. Use Permit Required. Goats shall be permitted on properties at least 10,000 square feet in size, subject to approval of an administrative use permit. Goats shall be permitted on properties less than 10,000 square feet in size subject to approval of a conditional use permit. 2. Temporary Weed Abatement. Goats shall be allowed on lots of at least 7,500 square feet for the purpose of weed abatement for a period not to exceed 60 days as long as the property owner holds a valid Goat Weed Abatement Permit. No more than one weed abatement period shall be permitted every 12 months. Goats shall be confined to the area undergoing weed abatemen( 6 ---PAGE BREAK--- Agenda Item No. S(B) N. Other Livestock. 1. Use Permit Required. Livestock, other than Goats, Pigs and Chickens, shall not be permitted without approval of a conditional use permit. 0. Wild Animals. Wild or exotic animals shall be defined and regulated as provided in the Contra Costa County Code. Wild animals shall not be permitted without approval of a conditional use permit. Section7.08.030 Prohibited Animals. It shall be unlawful to keep any animal in the City of El Cerrito unless the animal is permitted by right or has a valid use permit pursuant to Section 7.08.020, or satisfies an exemption pursuant to Section 7.08.020. Section 7.08.040 Exceptions. A. Temporary Uses. The Zoning Administrator or the Planning Commission may permit exceptions to the standards of this Title on a temporary basis subi ect to Chapter 19.3 5 (Temporary Uses). B. Museums and Scientific Institutions. Any museum, educational institution or scientific institution with a valid permit from the state or federal government for ownership, harboring or maintenance of Animals is exempt from the provisions of this title. C. Law Enforcement. Animals used by law enforcement agencies shall not be subject to the provisions of this title. Chapter 7.12 Dogs Section 7.12.010 Vicious dog. \¥hen the county animal control director finds or is informed that any dog in the city is vicious or othenvise a public menace, he shall cause an investigation to be made to determine same. The animal services department of Contra Costa County is authorized to undertake any activity in conformity with the county animal control ordinance, v1hich ordinance has been adopted by reference by the city pursuant to Chapter 7. 04. Section 7.12.020 Dangerous behavior. It is for any person hw;ing possession of any dog to permit the same to attack, chase, destroy, or offend any person or property, or to disturb the public peace and v1elfare of this city. E)camples of dangerous and unlav1ful acts as above defined include, but are not limited to, the follo'.ving: A. dog biting or attacking another dog, or a person, or other animal; B. dog jumping on, knocking dovm, scratching, chasing or othenvise molesting people; C. l\ dog chasing a bicycle, an automobile, or any other conveyance; D. A. dog '.vith a distemper, or a dog having a fit. Section 7.12.030 Disturbance of public peace and v1elfare. It is unla:.vful and shall constitute a nuisance per se for any person having possession of any dog to permit the same to disturb the public peace and 'Nelfare by barking, teasing other pets or animals, . jumping fences, spilling garbage cans, excreting on property other than that of its ov1ner, giving birth on the street, lying on the side'Nalk so as to block it, burying objects of any sort on property other than that of its ovlner, or running loose on school property. 7 ---PAGE BREAK--- Agenda Item No. S(B) B. It is unlavlful and shall constitute a nuisance per se for any person having possession of any dog to allov1 it outside 'vvithout having a fence capable of containing same, except 1vvhen the dog is on a leash. C. It is unlav1ful and shall constitute a nuisance per se for any person having possession of any dog to allovl it to take a ne\vspaper or any other item or belonging from property other than that of its ovmer. Section 7.12.040 Impoundment. i\ny dog reported committing an unlavlful act as defined in Section 7.12.020 may be impounded by the county animal services department and dealt \Vith in accordance 1vvith Division 414 of the Contra Costa County Code. The ovmer of such dog must pay the impounding and boarding fees in order to redeem such deg: Section 7.12.050 Violations. A.ny dog found to have committed dangerous acts, as described in Section 7.12.020, on tvlo or more occasions shall be deemed a menace and regulated as described under Section 7.12.010. In addition to enforcement by the county animal services director, violations of this chapter shall be a misdemeanor e)ccept that violation of Section 7.12.030 shall be an infraction punishable by a fine of fifty dollars and a nuisance per se. Section 7.12.010 Dogs must be leashed. A person owning, possessing, or controlling a dog shall ensure that such animal be under effective restraint by a leash, as provided in Section 416-4.402 of the Contra Costa County Code. Section 7.12.020 Nuisance. It shall be unlawful and a nuisance for the owner or person having custody of a dog to permit the dog to excrete on a property other than that of its owner without disposing of the waste. Section 7.12.030 Impoundment. All dogs found to be in violation of this code, the provisions of Division 14 of the Agricultural Code or any provisions of Division 416 of the Contra Costa County Ordinance may be impounded by the El Cerrito Police Department or the County Animal Services Department and dealt with in accordance with Division 416-8 of the Contra Costa County Code, including all noticing provisions in Section 416-8.006. The owner of such dog must pay the impounding and boarding fees in order to redeem such dog. Section 7.12.040 Potentially Dangerous or Dangerous Dogs. When any dog in the city may be a "potentially dangerous animal" or "dangerous animal" pursuant to Section 416- 12.402 and 416-12.404 of the Contra Costa County Ordinance, the County Animal Services Director shall cause an investigation to be made to determine same. The Animal Services Department of Contra Costa County is authorized to undertake any activity in conformity with the county animal control ordinance, which ordinance has been adopted by reference by the city pursuant to Chapter 7.02. Section 7.12.050 Violations. In addition to enforcement by the County Animal Services Director, violations of this chapter shall be a nuisance per se and/or a misdemeanor and/or an infraction punishable by fines as set forth in Title 1 of the El Cerrito Municipal Code. 8 ---PAGE BREAK--- Agenda Item No. S(B) DIVISION II. CEQA. The ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it will have no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. DIVISION III. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected there by. DIVISION IV. EFFECTIVE DATE. This ordinance shall take effect on April 1, 2012 and shall within fifteen ( 15) days after passage, be posted in accordance with Section 36933 of the Government Code of the State of California with the names of those City Councilmembers voting for and against it. The foregoing ordinance was introduced at a regular meeting of the City Council of the City ofEl Cerrito, held on November 7, 2011 and approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Abelson, Benassini, Jones, Lyman and Mayor Cheng. None None None Adopted and ordered published at a meeting of the City Council for the City of El Cerrito held on the 21st day of November, 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED: Ann Cheng, Mayor ATTEST: Cheryl Morse, City Clerk 9 ---PAGE BREAK--- Agenda Item No. S(B) ORDINANCE CERTIFICATION I, Cheryl Morse, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is true and correct original Ordinance No. 2011-05 of the City of El Cerrito; that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the day of November, 2011; and that said Ordinance has been published and/posted in the manner required by law. WITNESS my hand and the Official Seal of the City of El Cerrito, California, this day of , 2011 Cheryl Morse, City Clerk 10