Tuesday, February 7, 2012

Concord, CA


RTICLE II. STANDARDS FOR KEEPING NONCOMMERCIAL LIVESTOCK, ANIMALS, AND FOWL

Sec. 10-31. Intent and purpose.
The intent of this article is to establish standards for the keeping of livestock, animals, and fowl on a noncommercial basis and in a manner which will not endanger the health, peace, and safety of the citizens of the city and which will assure that such livestock, animals, and fowl are kept in a clean and sanitary condition and not subjected to suffering, cruelty, or abuse.
(Code 1965, § 5110; Ord. No. 952)
Sec. 10-32. Definitions.
For purposes of this article, unless the context clearly indicates otherwise, certain words and phrases have the meanings given in this section:
(Code 1965, § 5111; Ord. No. 952)
Animal. Any mammalian animal, poultry, bird, reptile, or fish.
(Code 1965, § 5111; Ord. No. 952)
Companion animal. A horse or pony.
(Code 1965, § 5111; Ord. No. 952)
Dog. Any animal of the canine family.
(Code 1965, § 5111; Ord. No. 952)
Fowl.
(1) Any domesticated chicken, duck, goose, guinea fowl, peafowl, turkey, or pigeon, but shall not include racing pigeons or pigeons classified as fancy birds kept by members of recognized racing pigeon clubs, fancy/show/exotic fowl not intended for human consumption or for the production of eggs for human consumption, avicultural birds, pet birds, and other nonfowl birds.
(Code 1965, § 5111; Ord. No. 952; Ord. No. 90-3)
(2) Racing pigeons and fancy birds kept by members of recognized racing pigeon clubs, birds kept by aviculturalists, pet birds, fancy/show/exotic birds not meant for human consumption or for the production of eggs for human consumption, and other nonfowl birds shall be subject to the provisions of section 10-43 and section 10-44 of this Code.
(Code 1965, § 5111; Ord. No. 90-3)
Livestock. Any domestic animals such as cattle, donkeys, mules, burros, sheep, hogs, or goats; provided, however, that this article shall not apply to sheep or cattle allowed to pasture on open range land where the individual pastures exceed ten acres in area.
(Code 1965, § 5111; Ord. No. 952)
Owner. Any person who owns, keeps, or harbors an animal, except a veterinarian or an operator of a commercial kennel or pet shop engaged in regular practice of a business as such and who is so licensed.
(Code 1965, § 5111; Ord. No. 952)
Pet shop. Any premises devoted to the commercial trade of selling animals or fowl.
(Code 1965, § 5111; Ord. No. 952)
Cross references: Definitions generally, § 1-10.
Sec. 10-33. General conditions for keeping livestock, companion animals and fowl.
(a) It shall be unlawful for any person to maintain, keep, or board any livestock or companion animal on real property in the city without first obtaining a permit in accordance with the provisions of this article.
(Code 1965, § 5112; Ord. No. 952; Ord. No. 90-3)
(b) Fowl shall be permitted to be kept and maintained on real property only in accordance with the provisions of this article. No permit shall be required.
(Code 1965, § 5112; Ord. No. 90-3)
Sec. 10-34. Permitted locations for keeping livestock, companion animals and fowl; required lot area; permitted uses.
(a) Livestock and companion animals may be permitted in any residential district zoned for at least 20,000 square feet (R-20) for each parcel of land as shown on the County Assessor's parcel map book or in any residential area designated as such on the General Plan if the lot is at least 20,000 square feet in size, subject to the provisions delineated in this article. If the area for which a permit is sought to keep, maintain, or board livestock or companion animals is less than 20,000 square feet, then the property owner, lessee, or occupant must apply for a variance pursuant to chapter 122, article II, division 2, of this Code. If a variance is granted, there must be compliance with subsection 10-35(2). Not more than one companion animal or livestock shall be allowed for each 10,000 square feet of land; provided, however, that if any livestock or companion animal gives birth and such birth would result in there being more than one livestock or companion animal per 10,000 square feet, then such newly- born livestock or companion animal shall be allowed to remain with its mother on the premises until weaned without there being a violation of this subsection herein.
(Code 1965, § 5113; Ord. No. 952; Ord. No. 90-3)
(b) No more than 12 fowl shall be allowed for up to the first 20,000 square feet of land. One additional fowl may be permitted for each additional 1,500 square feet of land area. Hatchlings of any fowl shall be kept on the premises not longer than six weeks following birth. All fowl are required to be kept in an enclosure so as to prevent escapes onto surrounding property. Any shelter, chicken coop, aviary, or other outbuilding, and any appurtenances thereto, is to be located at least 25 feet from the exterior lines of the property. A keeper of fowl shall maintain any enclosure, shelter, chicken coop, aviary, or other outbuilding in a sanitary and dust-free condition and shall make provisions for appropriate nesting/roosting material.
(Code 1965, § 5113; Ord. No. 90-3; Ord. No. 94-5)
(c) Livestock, companion animals, and fowl maintained under this article are intended for private, noncommercial use.
(Code 1965, § 5113; Ord. No. 90-3)
Sec. 10-35. Permit required for keeping livestock or companion animals.
Any person desiring to keep, maintain, or board any livestock or companion animal on his property must apply for a permit for such use to the city Zoning Administrator as follows:
(Code 1965, § 5114; Ord. No. 952)
(1) Application. The applicant shall set forth the number and type of livestock or companion animals intended to be kept or maintained on the premises; what provisions will be made for their care and for the disposal of manure; the number of available shelters or outbuildings; and a sketch showing the location of the area to be used by the livestock and companion animals, which shall also set forth the location of the adjacent and rear parcels and the residences situated thereon; together with any other information which the Zoning Administrator shall require in order to make determination as to whether or not a permit should be awarded.
(Code 1965, § 5114; Ord. No. 952)
(2) Consideration and issuance of permit. The Zoning Administrator, or his designated representative, shall issue a permit based upon his review and investigation if he finds:
(Code 1965, § 5114; Ord. No. 952)
a. That the operation as proposed by applicant, if permitted, would comply with all applicable laws and regulations;
(Code 1965, § 5114; Ord. No. 952)
b. That any shelter, barn, stable, or other outbuilding or water trough for livestock or companion animals is to be located at least 25 feet away from the exterior lot line of the property;
(Code 1965, § 5114; Ord. No. 952; Ord. No. 90-3; Ord. No. 94-5)
c. That any shelter, barn, stable, or other outbuilding shall be located at least 50 feet from any building used for human habitation;
(Code 1965, § 5114; Ord. No. 952)
d. That there shall be provided an exercise area for the livestock or companion animal. The exercise area shall be fenced with a minimum four-foot exterior fence;
(Code 1965, § 5114; Ord. No. 952)
e. That the exercise area shall have proper drainage and shall provide firm footing for the livestock or companion animal;
(Code 1965, § 5114; Ord. No. 952)
f. That provision has been made for proper watering and feeding;
(Code 1965, § 5114; Ord. No. 952)
g. That provision has been made to control dust in the area in which the livestock or companion animals are confined;
(Code 1965, § 5114; Ord. No. 952)
h. That, where manure will remain on the premises in excess of 24 hours, a flyproof receptacle is available for containing such manure, provided that an exemption to this requirement may be granted by the Zoning Administrator notwithstanding the provisions of section 10-49 of this Code;
(Code 1965, § 5114; Ord. No. 952)
i. That, if a shelter is provided, wood shavings, shredded bark, straw, or sawdust shall be provided for the bedding of the livestock or companion animals.
(Code 1965, § 5114; Ord. No. 952)
(3) Conditions. Permits may be issued conditionally in order to ensure compliance with the provisions of this article.
(Code 1965, § 5114; Ord. No. 952)
(4) Fee. A permit fee, as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, shall accompany each application processed under this section.
(Code 1965, § 5114; Ord. No. 952; Ord. No. 1131; Ord. No. 90-3)
(5) Denial. If the Zoning Administrator finds the applicant has not complied with any of the conditions as set forth in subsections (2)a through i of this section, inclusive, he shall decline to issue the permit as requested.
(Code 1965, § 5114; Ord. No. 952)
(6) Notice of decision. Within 15 days after review of the permit application, the Zoning Administrator shall give written notice of his decision to the applicant and to any other person requesting such notice.
(Code 1965, § 5114; Ord. No. 952)
(7) Filing of appeal; notice of hearing.
a. Any person aggrieved by the decision of the Zoning Administrator with respect to the application may appeal to the city Planning Commission. Such appeal shall be in writing, on a form prescribed by the Planning Director, and shall be filed with the Planning Department within ten calendar days of the Zoning Administrator's decision. The written appeal shall be accompanied by a fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Notice of the hearing before the Planning Commission shall be given in accordance with section 122-747(b) of this Code, except that no notice of hearing need be published.
(Code 1965, § 5114; Ord. No. 952; Ord. No. 85-4)
b. The Planning Director shall then place the matter for hearing on the Planning Commission agenda and the applicant or any other person making a request therefor shall be mailed notice of hearing at least five days before the time set for the said hearing by the Commission. The real property may be posted by the Planning Director prior to the hearing.
(Code 1965, § 5114; Ord. No. 952)
(8) Decision on appeal. The hearing shall be conducted in accordance with Commission procedure for the conduct of hearings. After the close of the public hearing, the Commission shall review the evidence and render its decision at any time within 15 days after the close of the public hearing, provided that said time may be extended with the consent of the appellant. The decision of the Planning Commission after appeal is final.
(Code 1965, § 5114; Ord. No. 952)
Sec. 10-36. Suspension or revocation of permit.
(a) After notice and hearing, the Zoning Administrator shall suspend or revoke any permit issued hereunder if he finds that:
(Code 1965, § 5115; Ord. No. 952)
(1) The operation as conducted by the applicant does not comply with all applicable laws and regulations; or
(Code 1965, § 5115; Ord. No. 952)
(2) The applicant has failed to comply with the terms of the permit; or
(Code 1965, § 5115; Ord. No. 952)
(3) Is in violation of any of the requirements set forth in section 10-35(2)a through i, inclusive, hereof.
(Code 1965, § 5115; Ord. No. 952)
(b) Procedure for hearing. Prior to the suspension or revocation of any permit issued pursuant to this article, the Zoning Administrator, or his designated representative, shall hold a hearing to consider the action to be taken. Notice of such hearing shall be provided as required by section 122- 747(b) of this Code, except that no notice of hearing need be published.
(Code 1965, § 5115; Ord. No. 952; Ord. No. 1014; Ord. No. 85-4)
(c) Issuance of decision. Within five days after the conclusion of the hearing, the Zoning Administrator shall issue his decision. If such decision is to suspend or revoke the permit, such decision shall be effective immediately when personally served on the owner, lessee, or occupant of the property involved, or 48 hours after the same has been deposited with the United States Postal Service. Thereafter, the permittee shall either remove the livestock or companion animals from the premises within ten days after service of notice of the decision or comply with any condition which may be imposed by the Zoning Administrator in order that the permit will conform to the terms and conditions imposed therein.
(Code 1965, § 5115; Ord. No. 952)
(d) Appeal. If the permittee or any interested person is dissatisfied with action taken by the Zoning Administrator, such permittee or interested person may appeal to the city Planning Commission in the same manner as provided for in section 10-35(7) and (8) herein.
(Code 1965, § 5115; Ord. No. 952)
Sec. 10-37. Permit requirements for pre- existing uses.
Any person keeping or boarding any companion animal or livestock on his property on the effective date of the article shall, within 90 days from such effective date, apply for a permit or variance pursuant to this article. If such permit is not applied for within such 90-day period, then the $50.00 fee provided for in section 10-35(4) shall be paid at the time the permit is applied for.
(Code 1965, § 5116; Ord. No. 952; Ord. No. 1131)
Sec. 10-38. Disposal of manure.
It shall be unlawful for any person 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. Such manure and refuse shall be removed from the premises as often as is required to maintain such premises in a clean and sanitary condition.
(Code 1965, § 5117; Ord. No. 952)
Sec. 10-39. Exemption from permit requirement for animals temporarily in city.
The provisions of section 10-35 requiring a permit relating to livestock and companion animals shall not apply to any livestock or companion animals temporarily brought into the city for a period of time not to exceed ten days for the purpose of being entered in 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.
(Code 1965, § 5118; Ord. No. 952)
Sec. 10-40. Keeping of wild animals and reptiles restricted.
It shall be unlawful for any person to keep an elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, monkey, wolf, or dangerous or poisonous reptile or serpent, or any dangerous or carnivorous wild animal, unless such person has first registered with the city Police Department the number of wild animals or reptiles being maintained or kept, the type, and the location of same. It shall be unlawful for any person to allow any wild animal, as set forth in this section, to run at large in the city. All wild animals shall be properly caged or otherwise restrained so as to prevent such animals from roaming at will.
(Code 1965, § 5119; Ord. No. 952)
Sec. 10-41. Exceptions to section 10- 40.
Section 10-40 shall not apply to a circus, carnival, fair, or similar exhibition, or a commercial pet shop.
(Code 1965, § 5120; Ord. No. 952)
Sec. 10-42. Escape of wild animal or reptile.
If any wild animal or dangerous or poisonous reptile escapes from the custody of any person, then such person shall immediately notify the Police Department and shall promptly advise the Police Department if and when custody of the wild animal or reptile is regained.
(Code 1965, § 5121; Ord. No. 952)
Sec. 10-43. 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 thereby creating a nuisance.
(Code 1965, § 5122; Ord. No. 952)
Sec. 10-44. Animals not incidental to single-family use prohibited; standards for keeping fowl.
(a) It shall be unlawful for any person to keep or maintain any livestock, companion animals, animal, fowl, or bird in a single-family residential district where such use is not incidental to a single-family dwelling use. Any permit issued herein shall be subject to the provisions of this section.
(Code 1965, § 5123; Ord. No. 952)
(b) The keeping of fowl as permitted under this article does not constitute a nuisance, except if the fowl or birds, as defined in section 10-32, are kept in a manner in violation of section 10-43 or if any of the following conditions are found to exist:
(Code 1965, § 5123; Ord. No. 90-3)
(1) The keeping of the fowl or birds on the premises is detrimental to the public health, safety, or general welfare;
(Code 1965, § 5123; Ord. No. 90-3)
(2) The keeping of the fowl or birds on the premises substantially diminishes the value of surrounding property;
(Code 1965, § 5123; Ord. No. 90-3)
(3) The keeping of the fowl or birds causes the property to be so out of conformity with the maintenance standards of adjacent properties as to cause substantial diminution in the enjoyment and use of such adjacent properties.
(Code 1965, § 5123; Ord. No. 90-3)
Sec. 10-45. Dangerous or vicious animals.
It shall be unlawful for any animal known to be vicious or dangerous to run at large or to run loose on or within the premises of a person in such a manner as to endanger the life or limb of any person lawfully entering such premises; provided, however, that this section shall not apply to sentry dogs, as such dogs are defined and authorized in Health and Safety Code §§ 25970--25987.
(Code 1965, § 5124; Ord. No. 952)
Sec. 10-46. Transporting animals in motor vehicles.
It shall be unlawful for any person to transport any animal on the outside of the passenger compartment, or body thereof, of any motor vehicle unless such animal is protected by framework or other device or is securely fastened by a leash which will prevent such animal from falling off or being thrown from such motor vehicle while it is in motion.
(Code 1965, § 5125; Ord. No. 952)
Cross references: Traffic and vehicles, ch. 106.
Sec. 10-47. Riding or leading livestock or companion animal on sidewalk.
It shall be unlawful for any person to ride or lead any livestock or companion animal along any public sidewalk in the city, except at a trail or pedestrian crossing or to gain access to the same.
(Code 1965, § 5126; Ord. No. 952)
Cross references: Streets, sidewalks, and other public places, ch. 90.
Sec. 10-48. Article does not affect existing covenants, conditions and restrictions.
This article 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 under section 10-32 of this article.
(Code 1965, § 5127; Ord. No. 952)
Sec. 10-49. Accumulation of manure and animal excreta.
It shall be unlawful to allow any manure or animal excreta to accumulate on any property for a period in excess of 24 hours unless such manure or animal excreta is kept in a flyproof receptacle.
(Code 1965, § 5128; Ord. No. 952)
Secs. 10-50--10-70. Reserved.

ARTICLE III. BEES

Sec. 10-71. Definitions.
Apiary. Includes bees and hives wherever they are kept, located, or found.
(Code 1965, § 5700; Ord. No. 942)
Bees. Honey-producing insects of the genus Apis. It includes all life stages of such insects.
(Code 1965, § 5700; Ord. No. 942)
Hive. Any receptacle or container, or part of any receptacle or container, which is inhabited by a live colony of bees.
(Code 1965, § 5700; Ord. No. 942)
Cross references: Definitions generally, § 1-10.
Sec. 10-72. Keeping of bees.
It shall be unlawful for any person to keep bees or maintain an apiary in the city, except under the following conditions:
(Code 1965, § 5701; Ord. No. 942)
(1) No more than two hives to every parcel or lot of land under 10,000 square feet in area; provided, that for every 10,000 feet in excess of 10,000 square feet, there may be one additional hive;
(Code 1965, § 5701; Ord. No. 942)
(2) No hive shall be kept or maintained within 25 feet of any property line of the lot or parcel upon which it is situated; and
(Code 1965, § 5701; Ord. No. 942)
(3) The front property line for the purposes of subsection (2) herein shall be defined as the sidewalk boundary furthest from the street.
(Code 1965, § 5701; Ord. No. 942)
Sec. 10-73. Identification of hives.
Every person maintaining bees on the premises shall identify the bee hives by affixing and maintaining a sign on the entrance to such person's property showing the name of the owner or person in possession of same, and his address and telephone number, or a statement that he has no phone. The sign shall be lettered in black at least one inch in height on a white or light background.
(Code 1965, § 5701; Ord. No. 942)


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