Chapter 6.10 ANIMAL OWNERSHIP

On real property zoned residential, a pet owner may keep up to two dogs, four cats, or a combination of such animals not to exceed two dogs and three cats, unless a permit is obtained under Chapter 6.40. City of Fremont pet license(s) are issued on the basis that pet owners are aware of the city’s animal limitations. (Ord. 16-2018 § 1, 6-5-18.)

6.10.020 Small animals.

On real property zoned residential, a pet owner may keep six small animals, unless a permit is issued under Chapter 6.40. (Ord. 16-2018 § 1, 6-5-18.)

6.10.030 Livestock.

On real property zoned residential, a pet owner may not keep any roosters or livestock, except goats (caprine type) with an animal fancier permit pursuant to Chapter 6.40. (Ord. 16-2018 § 1, 6-5-18; Ord. 10-2022 § 1, 10-4-22.)

6.10.040 Chickens, rabbits, pigeons, doves.

On real property zoned residential with an area of more than 6,000 square feet, a pet owner may keep up to a maximum combined total of six female chickens, rabbits, pigeons, and doves, unless a permit is issued under Chapter 6.40. A maximum of two species of those animals allowed under this section may be kept on one lot. On real property zoned residential with an area of less than 6,000 square feet, a pet owner may not keep chickens and may only keep a maximum of two rabbits, pigeons or doves. (Ord. 16-2018 § 1, 6-5-18; Ord. 10-2022 § 2, 10-4-22.)

6.10.050 Requirements.

(a) When animals are born that increase the number beyond what is allowed, those offspring shall be removed no later than four weeks after weaning.

(b) Structures, fences or enclosures for the keeping of such animals shall be subject to the rules and regulations established by the animal services manager. (Ord. 16-2018 § 1, 6-5-18.)

Article II. Care and Keep of Animals

6.10.060 Proper and adequate care requirement.

It is unlawful for any person to keep, use, or maintain any animal without proper and adequate care. (Ord. 16-2018 § 1, 6-5-18.)

6.10.070 Shelter and shelter maintenance requirements.

(a) Any animal maintained outdoors must have adequate shade or shelter such that the animal can protect itself from the rays of the sun when the ambient temperature is likely to cause overheating or discomfort, and the animal can remain dry during rain.

(b) The shelter for any animal must be:

(1) Accessible to the animal at all times;

(2) Constructed with at least five sides, including a roof and floor;

(3) Of adequate size inside and outside the shelter to allow the animal to stand up, sit, turn around freely or lie down in a normal position;

(4) Adequately lighted to provide regular diurnal lighting cycles of natural or artificial light uniformly diffused throughout the shelter, and sufficient illumination for routine inspections and maintenance of the animal;

(5) Situated to prevent exposing the animal to (A) unreasonably loud noise or (B) teasing, abuse, or injury by another animal or person; and

(6) Supplied with clean and dry bedding material or other means of protection from the weather elements.

(d) Wherever animals are permitted to be kept or maintained in the city, no person, so keeping or maintaining such animals, shall fail at any time to keep the coops, pens or yards wherein such animals are enclosed in a clean and sanitary condition nor shall fail to remove the manure or other debris from such enclosures daily.

(e) All feed for any animal shall be stored in containers which offer protection against rodents and insects.

(f) No enclosure or shelter shall be located in the front yard of the property where the animals are kept. (Ord. 16-2018 § 1, 6-5-18; Ord. 10-2022 § 3, 10-4-22.)

6.10.080 Water and food requirement.

(a) The animal must have access to clean potable water at all times.

(b) Water containers must be clean and emptied and refilled with fresh water every 24 hours. The container must be designed to prevent spillage or tipping.

(c) The animal must be provided with food that is wholesome and nutritious specific to the animal’s needs, age, medical condition, nursing, etc. Feeding containers must be accessible to the animal and kept in a location to minimize contamination. Spoiled or uneaten food should be immediately disposed of in a sanitary manner. (Ord. 16-2018 § 1, 6-5-18.)

6.10.090 Veterinary treatment requirement.

The animal must receive veterinary treatment from a veterinarian licensed by the state of California when such treatment is necessary to alleviate the animal’s suffering or prevent the transmission of disease. (Ord. 16-2018 § 1, 6-5-18.)

6.10.100 Transportation requirement.

The animal must be handled, moved, or shipped in a manner to ensure the health and safety of the animal and the public. If the animal is moved in an open bed vehicle, then Cal. Veh. Code § 23117 shall apply. (Ord. 16-2018 § 1, 6-5-18.)

6.10.110 Dog confinement requirement.

(a) No dog may be tethered, fastened, chained, tied, or restrained to a shelter, tree, fence or any other stationary object, except in accordance with Cal. Penal Code § 597t, as may be amended.

(b) If a dog is confined in compliance with subsection (a) of this section, the dog owner and person with a right to control the dog may:

(1) Attach a dog to a running line, pulley or trolley system, except no dog may be tethered to any of the above systems by means of a choke or pinch collar.

(2) Tether, fasten, chain, tie or otherwise restrain a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period.

(3) Tether, fasten, chain or tie a dog while actively engaged in conduct that is directly related to the business of shepherding or herding cattle or livestock, if the restraint is reasonably necessary for the safety of the dog. (Ord. 16-2018 § 1, 6-5-18.)

6.10.120 Fenced premises requirement.

If a fence is the primary means of confining the animal, the fence must be maintained in a manner to prevent the animal from running at large. (Ord. 16-2018 § 1, 6-5-18.)

6.10.130 Chickens – Enclosure and shelter.

(a) The enclosure where chickens are kept must be a minimum size of 10 square feet of permeable land per chicken.

(b) The enclosure where chickens are kept must be located at least a minimum distance away from any other person’s residence, as follows:

Number of Chickens	Minimum Distance From Any Property Line	Lot Square Footage
0	n/a	6,000 or less
1 – 5	10 feet	6,001 – 9,999
6 – 10	35 feet	10,000 – 21,779
11 – 15	50 feet	21,780 or more

(Ord. 10-2022 § 4, 10-4-22.)

6.10.140 Bees.

(a) The installation and maintenance of apiaries does not require a permit or registration with the city. All apiaries must be registered with Alameda County (Food and Agriculture Code Section 29040 et seq.) and all beekeeping equipment and beehives must be maintained in good condition with adequate space and management techniques to prevent overcrowding and swarming.

(b) All properties on which beehives are kept must provide for adequate water sources on the property at all times of year and must ensure that they do not become a mosquito-breeding site. Adequate sources are those that provide both an amount of water necessary for the number of bees or beehives and a method for the bees to safely access the water.

(c) All apiaries shall be maintained and placed in a manner that encourages bees to disperse, rather than concentrate, before potentially encountering neighbors or other members of the public. Implementing at least one of the following strategies to disperse bees is required. Additional measures to disperse bees may be required as determined by the animal services manager:

(1) Managing the direction and angle of the bee flyway from the entrance of the hive by properly siting and orienting the hives, and by using flyway barriers as needed to modify the departure angle, such that bees reach a height of eight or more feet above the ground.

(2) Placing beehive boxes at least five feet from property lines.

(3) Placing beehives behind a barrier at least six feet in height consisting of an impenetrable structure not limited to a fence, wall, building or dense vegetation. Fences, walls, and vegetation used to meet this standard shall also comply with Chapter 18.171, and accessory buildings used to meet this standard shall comply with Chapter 18.153.

(d) In single-family dwelling lots, beehives shall not be located within five feet of any property line.

(e) Before beehives can be placed on multiple dwelling lots, the responsible beekeeper shall first obtain written consent from the property owner, or the homeowner’s association where one exists, and shall provide written notice to all current residents and owners of the residential development that are within a 150-foot radius of the hive placement site. The notice must include, but is not limited to, the specific location of the beehive(s); the name, telephone, and email contact information for the beekeeper; the name, telephone, and email contact information of the property owner or homeowner’s association where the beehive(s) will be located; and the date on which the beekeeper plans to request permission from the property owner or homeowner’s association for the beehive. The notification must be provided to neighbors at least 10 days prior to beekeeper submitting the request for permission to have a beehive(s) to the property owner or homeowner’s association. The responsible beekeeper must also clearly stencil their name and phone number on the beehive’s exterior.

(f) Within dwelling group or similar developments, such as townhouses, beehives shall not be placed within five feet of any private balcony, private yards, or common open space except for those spaces exclusively owned or leased by the responsible beekeeper.

(g) Failure to keep bees in accordance with this section is a public nuisance subject to abatement under Chapters 8.05 (Nuisance Conditions on Private or Public Property), 8.10 (Nuisance Response), and 8.60 (Neighborhood Preservation). (Ord. 02-2023 § 2, 3-7-23.)