Chapter 5.20
LIVESTOCK AND FOWL
Sections:
5.20.020 Prohibited activities concerning animals.
5.20.030 Conditions for the care and keeping of animals.
5.20.040 Consistency with other portions of the municipal code.
5.20.050 Enforcement, violation, penalty.
5.20.010 Definitions.
As used in this chapter, the following words shall have the following definitions:
(1) “Bird” refers to birds which are small in size and subject to domestication, including but not limited to budgies, canaries, doves, pigeons, parakeets, cockatiels, cockatoos and the like.
(2) “Fowl” refers to any larger domestic bird generally used for food, including but not limited to chickens, ducks, geese and turkeys.
(3) “Animal” refers to animal species which are traditionally domesticated, excluding dogs and cats, but including birds, fishes, rabbits, reptiles and similar species.
(4) “Livestock” refers to larger animals traditionally kept for use on a farm, including swine, sheep, goats, horses, cattle and other equine or bovine animals.
(5) “Running at large” means free of restraint beyond the boundaries of the premises of the owner or custodian.
(6) Any reference to “person” shall include:
(a) The person, persons, firm or corporation owning, keeping, maintaining or possessing one or more birds, fowl, animals, or livestock.
(b) Those persons who are caretakers with respect to a bird, fowl, animal or livestock, even if such person is not the owner thereof. [Ord. 382 § 1, 2009]
5.20.020 Prohibited activities concerning animals.
(1) Crowing Roosters and Other Disturbances. It is unlawful and it is declared to be a nuisance for any person to keep, unreasonably maintain or have in their possession any bird, fowl, animal or livestock which disturbs the peace and quiet of any person or interferes with the reasonable and comfortable enjoyment of life or property. Specifically, and without limitation to the preceding sentence, any crowing rooster shall be declared to be a nuisance and it shall be unlawful for any person to keep, maintain, or have in their possession a crowing rooster.
(2) Proximity to Structures. No person shall keep any bird, fowl, or other animal within 20 feet of any residence, except for his or her own residence or within 100 feet of any church, school, hospital or place where food products are kept, stored, manufactured or served to the public. No person shall keep any livestock within 100 feet of any residence or any church, school, hospital or place where food products are kept, stored, manufactured or served to the public.
(3) Number of Animals. It is unlawful, and it is declared to be a nuisance, for any person to keep, maintain or have in their possession more than four of any animal, including fowl; provided, however, that Biggs High School, veterinary hospitals and pet shops shall be excepted from the numerical limitations of this subsection; notice of said exceptions to be provided in writing to City Hall annually each January. It is further a nuisance and unlawful for any person to keep, maintain or have in their possession any combination of birds or animals, which by their numbers or by the way in which they are maintained, disturb the peace and quiet of any person or interfere with the reasonable and comfortable enjoyment of life or property.
(4) Wild Animals. It is declared to be a nuisance for any person to keep, maintain or have in their possession any wild or exotic animals, any poisonous animals, or any animal restricted by state law.
(5) Bees. No person shall possess or keep any bees or any insects of the genus Apis. [Ord. 382 § 1, 2009]
5.20.030 Conditions for the care and keeping of animals.
(1) All birds, fowl, or animals shall be confined on the premises of the owner thereof, except when properly restrained as on a leash or caged.
(2) Any bird or animal not confined on the premises of the owner and found to be running at large or trespassing on private or public property and unrestrained is hereby declared to be a nuisance and shall be subject to impound.
(3) All birds or animals shall be maintained in proper cages, implements or other structures, which shall be kept and maintained in a clean and sanitary fashion, free of waste, parasites or other health hazards. [Ord. 382 § 1, 2009]
5.20.040 Consistency with other portions of the municipal code.
This chapter shall be read in keeping with other portions of other sections of this code and shall not authorize the keeping of any bird or animal to the extent that the keeping of the same is prohibited by some other provision of this code (i.e., this chapter provides certain prohibitions and mandatory duties with respect to the keeping of birds, fowl, animals or livestock but does not authorize or empower the keeping of such bird, fowl, animal or livestock to the extent that some other provision of this code prohibits such activity). [Ord. 382 § 1, 2009]
5.20.050 Enforcement, violation, penalty.
(1) The animal control officer or any agent of the city is authorized to seize and impound any animal found in violation of this chapter.
(2) Any person violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punished by a fine in the sum of not less than $50.00, nor more than $100.00. Each day that a violation exists shall be considered a separate violation within the meaning of this section.
(3) Upon any second or subsequent violation of this chapter, the person shall be guilty of a misdemeanor and shall be punished by a fine in a sum not less than $200.00, nor more than $500.00, or by imprisonment not exceeding 20 days, or by both such fine and imprisonment. The penalties provided herein are cumulative to any other remedy allowed under the law. [Ord. 382 § 1, 2009]