Chapter 7.58
ANIMALS IN RESIDENTIAL AREAS
Sections:
7.58.010 Restrictions designated.
7.58.020 Household pets defined—Permitted when.
7.58.030 Permits required—Issuance criteria.
7.58.040 Permits required—Investigation.
7.58.050 Permits—Term—Revocation procedures.
7.58.010 Restrictions designated.
Except as otherwise provided in this chapter, it shall be unlawful for any person, firm, association, corporation or other legal entity to own, possess, have in custody, control or maintain any animal upon any lot in any district zoned low density residential, medium density residential, high density residential, estate residential, or downtown residential, or any district in the city located within three hundred feet of any residential building in such district owned by other than the owner or custodian of the animal or the tenant of such owner or custodian. (Ord. 764 § 1 (part), 2014).
7.58.020 Household pets defined—Permitted when.
The ownership, possession, custody, control or maintenance of the following animals is permitted:
A. Household Pets. For the purposes of this chapter, household pets are defined as animals ordinarily permitted in the house and kept for company or pleasure and not for profit, such as dogs, cats, miniature potbellied pigs and canaries, but not including a sufficient number of dogs or miniature potbellied pigs to constitute a kennel as defined in Section 7.08.080 and not to exceed three cats six weeks of age or older. “Household pets” may also include:
1. Any bird, any total number not to exceed five at any one time, continuously kept caged and within the confines of a dwelling house.
2. Any mouse, rabbit, guinea pig, hamster or squirrel in a total number not to exceed ten at any one time, continuously kept caged and within the confines of a dwelling house, or only at a distance of forty feet or more from the window or door of any residence or other building used for human habitation, and only on the rear of one-third of the lot.
3. Any animal continuously confined to a terrarium or aquarium and within the confines of a dwelling house.
4. Any animal for which a permit has first been obtained from the city manager pursuant to the provisions of this chapter. (Ord. 764 § 1 (part), 2014).
7.58.030 Permits required—Issuance criteria.
Upon application, the city manager may issue a permit for the ownership, possession, custody, control or maintenance of any animal on a residential lot otherwise prohibited by this chapter upon such terms and conditions as shall be deemed proper and in the best interests of the community. In issuing or denying permits, the city manager shall be guided by the following criteria:
A. The purpose served by the ownership, possession, custody, control or maintenance of the animal in relationship to the needs of the community.
B. Provisions for sanitation and safety and for securing the animal.
C. The risk of owners and noise.
D. Prior compliance by the applicant. (Ord. 764 § 1 (part), 2014).
7.58.040 Permits required—Investigation.
The city manager may require a report and investigation from the animal control officer or any other city officer or department before determining whether to issue or deny a permit, including, but not limited to, the public health officer, the city police department and the city fire department. (Ord. 764 § 1 (part), 2014).
7.58.050 Permits—Term—Revocation procedures.
All permits issued by the city manager shall be subject to revocation upon notice by mail to the holder of the permit, and after a noticed hearing, provided, however, the city manager may, in his discretion, provide for a suspension of such permit pending the hearing on the revocation thereof. No permit issued shall create any vested rights in the holder thereof. All permits shall be issued on a yearly basis and shall expire unless renewed at the request of the applicant, on December 31st of each calendar year. (Ord. 764 § 1 (part), 2014).
7.58.060 Permits—Fees.
The city council may impose a reasonable fee for the issuance of or renewal of a permit, to be established by resolution of the city council. (Ord. 764 § 1 (part), 2014).
7.58.070 Violation—Penalty.
Any person violating any provision of this chapter shall be guilty of an infraction and upon conviction thereof punishable by a fine of not more than two hundred fifty dollars. (Ord. 764 § 1 (part), 2014).