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HomeMy WebLinkAboutOrdinance 2147 - Adding Chapter 18.71 , ~ • • ORDINANCE NO. 2.1 4/7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING ADDING CHAPTER 18.71, ANIMAL PERMITS, TO THE REDDING MUNICIPAL CODE. The City Council of the City of Redding does ordain as follows: Section 1. Title 18 of the Redding Municipal Code is amended by adding Chapter 18.71, Animal Permits, to read as described in Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. Section 2. On the basis of the initial study prepared by the Development Services Department, the City Council (1) finds that the creation of a new Municipal Code Section 18.71 entitled "Animal Permits" has no substantial impact upon the environment and an environmental impact report is not necessary, and (2) approves the negative declaration with the following findings: The Project is compatible with the Redding General Plan, the surrounding land use and the Code of the City of Redding California, and will not significantly alter existing land form. Section 3. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause its publication according to law. I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the 19th day of March , 1996; and was read and adopted at a regular meeting of the City Council on the 2nd day of April , 1996, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, McGeorge, Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None DAVID ' HOE, Mayo Qc ATTEST: FORM APP VED: dlye.,g/ //72/_--Lpte.,E44„cile(' CONNIE STROHMA :04, City Clerk W. LEONARD WINGATE, City Attorney • • • CHAPTER 18.71 ANIMAL PERMITS Sections: E1)ci-II +:: Ili 18.71.010 Purpose. 18.71.020 Definitions. 18.71.030 Animal Permit to Keep Cows, Horses, Mules, Goats, Sheep, or Similar Animals. 18.71.040 Animal Permit to Keep Pigs or Hogs. 18.71.050 Animal Permit to Keep Large Fowl. 18.71.060 Application. 18.71.070 Authority. 18.71.080 Determination by Director. 18.71.090 Findings. 18.71.100 Conditions. 18.71.110 Approval by Director. 18.71.120 Appeal Procedure. 18.71.130 Hearing Before Board of Administrative Review. 18.71.140 Revocation. 18.71.010 Purpose. C. "Large Fowl" includes emus, ostriches, rheas, or other similar flightless birds. The purpose of this chapter is to establish procedures for the granting of animal permits 18.71.030 Animal Permit to Keep Cows, for larger animals such as cows, horses, sheep, Horses, Mules, Goats, Sheep, or Similar llamas, swine, goats, large fowl, and similar Animals. animals not considered as household pets. All other animal regulations fall under Title 7 of the It is declared to be a nuisance and it is unlawful Municipal Code. The review and approval of for any person to keep or maintain, or suffer or animal permits takes into consideration such permit to be kept or maintained within the City, factors as lot size, surrounding neighborhood any cow, bull, calf, horse, mare, pony, colt, land use and density, animal density, and health mule, burro, goat, sheep, llama, alpaca, or and safety concerns. similar animal without first obtaining an animal permit. In no case shall any such animal be 18.71.020 Definitions. kept or maintained within seventy-five (75) feet of any dwelling house or structure intended for A. "Animals" includes cows, bulls, calves, use as a dwelling house that is occupied by any heifers, horses, ponies, mules, burros, person other than the owner or custodian of the jacks,jennies, sheep,goats, llamas,alpacas, animals. In addition, in no case shall any goat swine, and all other similar livestock or or sheep be kept or maintained within one- domesticated animals other than household hundred (100) feet of any dwelling house or pets. structure intended for use as a dwelling house that is occupied by any person other than the B. "Household pets" includes cats, dogs, pot- owner or custodian of the animals. bellied pigs, small reptiles, small birds, and other kindred animals ordinarily kept as 18.71.040 Animal Permit to Keep Pigs or household pets. "Pot-bellied pig" includes Hogs. the Vietnamese variety miniature pig of less than one hundred fifty (150) pounds in It is unlawful for any person to keep, maintain, weight and less than twenty-two (22) inches or raise any pigs or hogs (except for pot-bellied in height at the shoulder. pigs) on any lot or premises in the City; provided, however, that a pig or hog may be kept, maintained, and raised upon property .71-1 • • • CHAPTER 18.71 consisting of two (2) acres or more in area 18.71.080 Determination by Director. within the City and upon receiving an animal permit. In no case shall any pig or hog be kept Within five (5) working days of receipt of a within a distance of less than five-hundred complete application, the Development Services (500) feet from any dwelling house or structure Director shall make a determination to either intended for use as a dwelling house that is approve, conditionally approve, or deny the occupied by any person other than the owner or animal permit. custodian of the animals. 18.71.090 Findings. 18.71.050 Animal Permit to Keep Large Fowl. When approving any animal permit, the Development Services Director shall find that It is unlawful for any person to keep, maintain, the establishment, maintenance, and/or keeping or raise large fowl on any lot or premises less of animals for which the animal permit is sought than one (1) acre in size in the City. It is will not, under the circumstances of the unlawful to keep, maintain, or raise more than particular case, be detrimental to the health, two (2) large fowl without first obtaining an safety, morals, comfort, convenience, or welfare animal permit. In no case shall any large fowl of persons residing or working in or adjacent to be kept within a distance of less than forty (40) the neighborhood of such use and will not, feet from any dwelling house or structure under the circumstances of the particular case, intended for use as a dwelling house that is be detrimental to the public welfare or injurious occupied by any person other than the owner or to property in such neighborhood. custodian of the fowl. 18.71.100 Conditions. 18.71.060 Application. Whenever an animal permit is granted, the An application for an animal permit shall be Development Services Director may impose such made, in writing, to the Development Services conditions as are deemed necessary to protect Department on a form prescribed by the the best interest of the surrounding area, Development Services Director and shall be neighborhood, or public. Conditions may accompanied by a description of the proposed include, but shall not be limited to, requirements number and type of animals and by a site plan to for a limitation on the number of animals show details of the proposed enclosures or permitted; for spraying of the premises for buildings and the location of existing structures vector control; for maintenance of minimum on the premises. The location of the structures distances to property lines or other residences; on adjacent parcels shall also be depicted on the for compliance with County Environmental site plan. The application shall be signed by the Health Division requirements; for periodic owner or custodian of the animal(s) and the review of the permit by the Development owner of the property. The application shall be Services Director; and such other conditions as accompanied by the prevailing fee as established the Development Services Director may deem by the City Council by resolution. necessary to ensure compatibility with surrounding uses to preserve public health, 18.71.070 Authority. safety, and welfare. The Development Services Director or his 18.71.110 Approval by Director. designated representative is authorized to grant animal permits in accordance with procedures If the determination is made by the Development and findings of this chapter. In the granting of Services Director to approve or conditionally such animal permits, the Development Services approve the animal permit, said approval shall Director may impose such conditions as are be prepared in written form specifying the deemed necessary to ensure compatibility with conditions and limitations that may be imposed surrounding uses and to preserve public health, in consideration for such approval. The safety, and welfare. determination of approval shall be sent by first- class mail to the applicant and to all owners of .71-2 • CHAPTER 18.71 ' , property within 300 feet. The Development shall be given by the Development Services Services Director's decision shall become final Director to the applicant, the appellant, and the unless a written appeal is submitted to the owners of property located within three hundred Development Services Director within seven (300) feet of the subject property by first-class (7) calendar days of the date of mailing. mail at least five (5) calendar days prior to the hearing. 18.71.120 Appeal Procedure. 18.71.130 Hearing Before Board of The applicant or any person may appeal the Administrative Review. determination of the Development Services Director to the Board of Administrative Review The Board of Administrative Review shall hear within seven (7) calendar days after such the appeal of an animal permit at the time and determination has been mailed. Such appeal place set forth in said notice and may continue may be made by filing a written notice of appeal said hearing from time-to-time for the purpose in letter form to the Development Services of considering further evidence. Not more than Director. If no appeal is taken within seven (7) seven (7) calendar days following the close of days after the findings and decision of the the hearing, the Board of Administrative Review Development Services Director have been mailed shall render its decision. The findings and and posted on the City Hall bulletin board, the decision of the Board of Administrative Review decision of the Development Services Director may be appealed as set forth in Chapter 18.70 shall be final. (Use Permit - Appeal). In the event an appeal is filed, the matter shall 18.71.140 Revocation. be set for hearing before the Board of Administrative Review at its next regular Revocation of an animal permit shall be in meeting occurring not later than ten (10) accordance with procedures established in calendar days after the appeal is filed, and notice Chapter 18.76 (Revocation of Permit or of the nature, time, and place of said hearing Variance).■ .71-3 p In the Superior Court of the State of California in and for the County of Shasta CERTIFICATE OF PUBLICATION ORDINANCE NO.2147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED- DING ADDING CHAPTER 18.71, ANIMAL PERMITS, TO THE No. 2147 REDDING MUNICIPAL CODE. tion for such approval.The determination of approval shall be sent by first-class mail to the applicant and to all owners of property within 300 feet.The Development Services Director's decision shall become final unless a written appeal is submitted Notice of Ordinance to the Development Services Director within seven(7)calendar days of the date of mailing. 18.71.120 Appeal Procedure. The applicant or any person may appeal the determination of the Development Services Director to the Board of Administra- State of California tive Review within seven(71 calendar days after such determin- ation has been mailed. Such appeal may be made by filing a County of Shasta written notice of appeal in letter form to the Development Serv- ices Director. If no appeal is taken within seven(7)days after the findings and decision of the Development Services Director have been mailed and posted on the City Hall bulletin board, the decision of the Development Services Director shall be final. I hereby certify that the Record Searchlight is a In the event an appeal is filed,the matter shall be set for hear- newspaper of general circulation within the provisions ing before the Board of Administrative Review at its next regu- r lar meeting occuring not later than ten(10)calendar days after of the Government Code of the State of California, the appeal is filed,and notice of the nature,time,and place of said hearing shall be given by the Development Services Direc- printed and published in the City of Redding, County •tor to the applicant,the appellant,and the owners of property I located within three hundred(300)feet of the subject property I of Shasta, State of California;that I am the principal by first-class mail at least five (5) calendar days prior to the (hearing. clerk of the printer of said newspaper;that the notice 318.71.130 Hearing Before Board of Administrative Review. of which the annexed clipping is a true printed copy The Board of Administrative Review shall hear the appeal of an was published in said newspaper on the following ,animal permit at the time and place set forth in said notice and -'may continue said hearing from time-to-time for the purpose of dates,to wit; 'considering further evidence.Not more than seven(7)calendar days following the close of the hearing,the Board of Adminis- : trative Review shall render its decision.The findings and deci- sion of the Board of Administrative Review may be appealed as April 10, 1996 set forth in Chapter 18.70(Use Permit-Appeal). 718.71.140 Revocation. Revocation of an animal permit shall be in accordance with pro- I certify under penalty of perjury that the forgoing cedures established in Chapter 18.76(Revocation of Permit or Variance). is true and correct,at Redding, California on the • ,Section 2.On the basis of the initial study prepared by the De- I •velopment Services Department,the City Council(1)finds that the creation of a new Municipal Code Section 18.71 entitled "Animal Permits"has no substantial impact upon the environ- ment and an environmental impact report is not necessary,and (2) approves the negative declaration with the following find- 10th day of April, 1996. rings:The Project is compatible with the Redding General Plan, the surrounding land use and the Code of the City of Redding California,and will not significantly alter existing land form. Section 3.This ordinance shall take effect 30 days after the date Iof its adoption,and the City Clerk shall certify to the adoption of this ordinance and cause its publication according to law. I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the 19th day of 1 'F. .. March,1996;and was read and adopted at a regular meeting of the City Council on the 2nd day of April,1996,by the following Signatu a vote: AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, McGeorge,Murray and Kehoe NOES:COUNCIL MEMBERS:None ABSENT:COUNCIL MEMBERS:None RECORD SEARCHLIGHT �' ABSTAIN:COUNCIL MEMBERS:None 1101 Twin View Blvd., Redding,California 96003 s/David A.Kehoe DAVID A.KENDE,Mayor ATTEST: s/Connie Strohmayer CONNIE STROHMAYER,City Clerk " FORM APPROVED: 1 s/W.Leonard Wingate aE 4 t1 W.LEONARD WINGATE,City Attorney April 10,1996 4087127 APR 2 3 1996 PUB. DEPT.