Chapter 6.36 - ANIMALS AND LAND USE#

Sections:#

6.36.010 - Short title.#

The ordinance codified in this chapter shall be known as the "Animal Ordinance," and may be cited as such.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 1, 1962)

6.36.020 - Purpose.#

The city council finds and determines that the keeping of certain animals, domestic fowl and rabbits within the city limits, unless properly regulated as to location, size of flocks, number of animals and sanitary conditions, is detrimental to the public health, safety and general welfare, and that the public interest requires that the city council prescribe regulations for the more efficient control thereof.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 2, 1962)

6.36.030 - Definitions.#

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. "Agricultural zone," "commercial zone," "industrial zone" and "residential zone" mean all areas within the city zoned for agricultural uses, commercial uses, industrial uses and residential uses, respectively, as established by the official zoning ordinances of the city.

B. "Apiary" as used in this chapter refers to where bees, hives, and any accessory appliances related to beekeeping is located.

C. "Bees" as used in this chapter means honey-producing insects of the genus Apis. It includes all life stages of these insects.

D. "Colony" as used in this chapter refers to one hive and its content, including bees, combs, and appliances.

E. "Corral" means an area enclosed by fencing for the keeping of livestock.

F. "Enclosed premises" means any lot or premises so enclosed as to prevent any animal or fowl confined thereon, escaping therefrom, or any animal or fowl from entering thereon.

G. "Health officer" means the county health officer acting as the health officer of the city.

H. "Hive" as used in this chapter refers to any receptacle, containers, or structure in which a colony is established.

I. "Hobbyist beekeeper" as used in this chapter refers to the person maintaining an apiary in residential areas.

J. "Household pets" means and includes dogs, cats, canaries, parrots and other kindred birds and animals which are legal to possess in the state of California, that are usually or ordinarily kept as household pets.

K. "Livestock" means and includes horses, ponies, mules, burros, jacks and jennies, cows, bulls, calves, heifers, llamas, sheep, goats, and all other domestic or domesticated animals that are legal to possess within the state of California except swine, hogs, pigs and other household pets.

L. "Person" means an individual, firm, partnership or corporation, and their heirs, assigns, executors, administrators or agents.

M. "Private use" means keeping of animals for private purposes and enjoyment and occasional sale.

N. "Poultry" means and includes chickens, turkeys, ducks, geese, pigeons and all other fowl including birds which are kept in outdoor aviaries.

O. "Poultry ranch" means any premises, including outdoor aviaries, where a combined total of fifteen or more domestic fowl and poultry are kept, maintained, harbored or controlled by any person. Poultry under three months of age and not exceeding fifteen in number shall not be considered in computing the number of fowl on the premises.

P. "Public stable" means any building or structure for the keeping of two or more horses which are not owned by the occupant of the premises, and are so kept for remuneration, hire or sale.

Q. "Rabbits and small animals" means and includes hares, hamsters, chinchillas and guinea pigs, and all types of rodents.

R. "Rabbit ranch" means any premises where eight or more rabbits are kept, maintained, harbored or controlled by any person. Rabbits under three months of age and not exceeding fifteen in number shall not be considered in computing the number of rabbits on the premises.

S. "Rear yard" means a yard extending across the full width of the lot between the main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the rear lot line.

T. "Side yard" means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.

(Ord. 1721 N.S. § 2, Exh. A (part), 2005: Ord. 1443 N.S. § 1, 1999: Ord. 1209 N.S. (part), 1995: Ord. 135 § 2, 1962)

(Ord. No. 2304 N.S., § 2, 9-18-2019)

6.36.040 - Keeping of livestock, poultry ranch and rabbit ranch—Generally.#

It is unlawful for any person to keep or maintain or cause or permit to be kept or maintained, any livestock, poultry ranch or rabbit ranch as defined in this chapter, except in accordance with the provisions of this chapter and the regulations prescribed in this chapter.

(Ord. 1443 N.S. § 2, 1999: Ord. 1209 N.S. (part), 1995: Ord. 135 § 8 (part), 1962)

6.36.050 - Keeping of livestock, poultry ranch and rabbit ranch—Minimum area requirements.#

Other than as allowed for keeping of livestock for private uses in residential zoning districts and on open space properties with a private residence, in accordance with Section 6.36.175 of this chapter, in any residential and/or commercial zone, no livestock, poultry ranch or rabbit ranch shall be maintained on an area of less than one acre, and the number of livestock thereof shall not exceed a number per acre of two adult livestock§ in any combination of the foregoing livestock and their immature offspring; provided, that the total number on any one lot, site, farm or ranch shall not exceed two adult livestock and their immature offspring§, unless by revocable special permit of the city council§ after a recommendation by the planning commission that the keeping of additional livestock will not be detrimental to the health, safety and welfare of the abutting property owners.

(Ord. 1721 N.S. § 2, Exh. A (part), 2005: Ord. 1443 N.S. § 3, 1999: Ord. 1209 N.S. (part), 1995: Ord. 135 § 8(a), 1962)

6.36.060 - Keeping of livestock, poultry ranch and rabbit ranch—Distance from residences.#

Other than as allowed for keeping of livestock for private uses in residential zoning districts and on open space properties with a private residence, in accordance with Section 6.36.175 of this chapter, all open enclosures, whether pasture land or corral, shall be not less than one hundred feet from the nearest school, church, hospital or dwelling used for human habitation§, other than the residence of the owner of such livestock; provided, however, that in all cases where the distance from the nearest school, church, hospital or dwelling used for human habitation, other than the residence of the owner of such livestock, is less than two hundred feet, the person in control of the premises where the livestock is kept also shall obtain a revocable special permit§ for one year, or more, issued by the city council after the matter has been presented to and acted upon by the planning commission. The city council need not follow the recommendation of the planning commission. Any renewal of the special permit may be made by the council without further consideration by the planning commission. The council may impose any conditions in such permit deemed by it necessary to preserve the health, safety and welfare of the neighborhood.

(Ord. 1721 N.S. § 2, Exh. A (part), 2005: Ord. 1443 N.S. § 4, 1999: Ord. 1209 N.S. (part), 1995: Ord. 231 N.S. § B, 1968: Ord. 135 N.S. § 8(b), 1962)

6.36.070 - Keeping of livestock, poultry ranch and rabbit ranch—Setbacks.#

All open enclosures containing livestock, poultry ranch or rabbit ranch shall be set back at least thirty feet from any traveled street, except an alley§; except that livestock kept for private uses in residential zoning districts and on open space properties with a private residence shall be set back in accordance with the corral location approved in conjunction with issuance of a residential private livestock permit.

(Ord. 1721 N.S. § 2, Exh. A (part), 2005: Ord. 1443 N.S. § 5, 1999: Ord. 1209 N.S. (part), 1995: Ord. 135 § 8(c), 1962)

6.36.080 - Keeping of animals—Exclusions from chapter for medical uses or veterinary care.#

Nothing in this chapter shall prohibit the keeping of household pets or small animals by a licensed veterinarian, or of small animals for hospital or medical purposes by any hospital or clinic, regardless of the zone, providing all other provisions relating to the keeping of such animals as required by this chapter, are strictly adhered to.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 8(d), 1962)

6.36.090 - Animal use permit and residential private livestock permit—Issuance.#

All permits required in matters pertaining to sanitation and the preservation of public health as provided in this chapter and the laws of the state shall be known as animal use permits and residential private livestock permits. Permits so issued shall be in the name of the owner, operator or lessee in whose name the permit is issued, and such permits shall not run with the land.

(Ord. 1721 N.S. § 2, Exh. A (part), 2005: Ord. 1209 N.S. (part), 1995: Ord. 135 § 14, 1962)

6.36.100 - Animal use permit—Uses requiring permit—Fees.#

Businesses and occupations that operate public stables, rabbit or poultry ranches, or keep other types of livestock or fowl shall require an animal use permit§ as outlined in this chapter where zoning permits such a business and occupation. Such businesses and occupations shall be required to pay a biennial permit fee as set by resolution of the city council, due and payable on July 1st, for each premises used for the purpose set forth in this chapter.

(Ord. 1443 N.S. § 6, 1999: Ord. 1209 N.S. (part), 1995: Ord. 135 § 17, 1962)

6.36.110 - Animal use permit—Application requirements.#

All applications for animal use permits shall be made in writing at the office of the animal control administrator or authorized agent and made on forms provided by the city and shall contain the following:

A. Name and address of applicant;

B. Location of subject matter involved;

C. Proprietary interest or official status of the applicant;

D. Reason for permit and type and number of animals;

E. A statement that the applicant will observe the provisions of this chapter, and will, within a reasonable time, not to exceed ninety days, make any and all improvements and changes in construction that are required by law;

F. Such other information as may be required by the respective provisions of this chapter;

G. All applications shall be signed by the applicant.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 15, 1962)

6.36.120 - Animal use permits—Investigation.#

Upon receipt of the application for an animal use permit, the animal control administrator or authorized agent shall make or cause to be made, an inspection of the premises. If the provisions of this chapter and all other pertinent laws of the state and of the city have been complied with, the inspector shall certify that fact to the animal control administrator or authorized agent who shall issue the applicant an animal use permit in accordance with the provisions, terms and conditions of this chapter.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 16, 1962)

6.36.130 - Animal use permits—Nontransferable—Temporary permits.#

A. No animal use permit issued under this chapter shall be transferable or assignable, except as provided in Section 6.36.140 of this chapter.

B. Temporary animal use permits for a period of one year or less may be issued without payment of any fee.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 18, 1962)

6.36.140 - Animal use permit—Transferability.#

A. Where the owner of an existing poultry or rabbit ranch in a residential or commercial zone desires to transfer his permit to operate such ranch to another operator either because of the sale, lease, exchange or transfer of the property under his jurisdiction, the application for transfer shall be filed with the animal control administrator or authorized agent who shall forthwith forward such application to the planning commission for a hearing to determine whether such transfer or continued use will be detrimental to the health, safety and welfare of the people of the city, or the inhabitants of the immediate area. Such hearing shall be conducted in a similar manner as set forth in the zoning code of the city, relating to a conditional use permit.

B. If the planning commission, after due hearing and deliberation, decides that continuation of such land use is detrimental to the health, safety and welfare of the people of the city, or the inhabitants of the immediate area, they shall forthwith deny the transfer.

C. If the area is determined to be fundamentally rural in character, with only sparse residential development within three hundred feet of the buildings or structures or installation in which such animals are kept, harbored or maintained, and the continued use will not be detrimental to the health, safety or welfare of the inhabitants of the area, then the planning commission shall approve such transfer. With the planning commission's approval, the animal control administrator or authorized agent shall be instructed to issue a permit therefor, after the permit fee, as set forth in Section 6.36.100 of this chapter, has been paid. The authorization to continue operation of the poultry or rabbit ranch shall be for a maximum period of five years, and can be renewed only after a public hearing as set forth in this section.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 13, 1962)

6.36.150 - Animal use permits—Termination, suspension or revocation.#

A. Animal use permits shall remain in effect and be valid until suspended or revoked. All such permits revoked under the limitations imposed in this chapter must be renewed by application therefor, as required in the first instance, unless otherwise provided in this chapter. All such permits expire and terminate upon the holder thereof going out of business, moving to another place of business, selling, renting or otherwise releasing control of the business or premises for which the permit was issued, except as provided in Section 6.36.140 of this chapter.

B. At the time of the suspension of such animal use permit by the animal control administrator or authorized agent, he shall notify the holder thereof of the time and place when such permittee may appear before the city council to show cause why his animal use permit should not be revoked. The permittee shall have at least seven days' notice of such hearing which shall thereafter be held on the next regular meeting of the city council.

C. At the time set for the hearing, the city council shall hear the reasons of the animal control administrator or authorized agent for suspending such an animal permit and, also, any evidence which the permittee desires to give rebutting same. The only issue to be decided by the city council is whether or not there was a violation of law. The city council may adjourn the hearing to a future date, continue suspension of such permit for such period of time as it may deem necessary, revoke such permit, or dismiss the proceedings. The decision of the city council shall be final.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 19, 1962)

6.36.160 - Poultry or rabbit ranches—Location restrictions—Exceptions.#

It is unlawful for any person to construct, establish, conduct or maintain any poultry or rabbit ranch in any residential and/or commercial zones of the city.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 9, 1962)

6.36.170 - Poultry or rabbit restrictions in noncommercial areas.#

It is unlawful for any person to keep or maintain or cause, or permit to be kept or maintained, any poultry or rabbits in any residential or commercial district, except in accordance with the provisions of this chapter, and the following regulations:

A. Location. All poultry and rabbits shall be kept in the rear yard of any premises§ as defined in this chapter. No poultry or rabbit shall be kept within twenty-five feet of any traveled street, except an alley.§

B. Distance From Certain Buildings. No poultry or rabbit shall be kept within one hundred feet of any commercial establishment where food products are kept, stored, manufactured or processed, or any school, church or hospital§, or within twenty feet of any residence or dwelling, or building used for the habitation of human beings.§

C. Side and Rear Yards. All poultry and rabbits shall be kept, harbored or maintained not less than five feet from all lateral and rear property lines§, unless there is a solid fence, solid side of a structure, or a wall not less than five feet in height between such poultry or rabbits and the adjoining property§, except where property line abuts upon an alley, then the distance requirement may be dispensed with.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 22, 1962)

6.36.175 - Keeping of livestock for private uses in residential zoning districts and on open space properties with a private residence.#

Livestock may be kept in residential zoning districts and on open space properties with a private residence, subject to the issuance of a residential private livestock permit§, which shall be issued by the community development department subject to the following standard conditions:

A. Livestock may only be kept for private uses.

B. A maximum of two adult large livestock animals (horses, cows, mules) and their immature offspring§; and a maximum of four adult small livestock animals (sheep, goats, llamas) may be kept per the first forty thousand square feet of lot area§. For each additional twenty thousand square feet of lot area, two additional adult small livestock animals and immature offspring may be kept§; and for each additional forty thousand square feet of lot area, one additional adult large livestock animal and immature offspring may be kept§.

C. All livestock shall be securely enclosed in a corral sufficient to keep them contained. The proposed location of the corral shall be indicated on a site plan by the applicant. The corral location shall be subject to approval by the community development department in conjunction with issuance of the residential private livestock permit. The department shall notify the applicant and adjacent property owners of the proposed permit by mail at least ten days prior to the decision of the department, in order to receive input. The approved location of the corral shall be based on criteria relevant to the application, including but not limited to type and size of animals, existing land use and structures on site, adjacent land uses and structures, possibility of noise and odor impacts on neighbors, topography, relationship to streets and alleys, applicable fence location and height regulations, and protection of fences between the property and adjacent lots.

D. Appeals of the decision of the community development department shall be filed within ten days, and appeals shall be considered by the planning commission at a noticed public hearing. Appeals of the decision of the planning commission shall be filed within ten days, and appeals shall be considered by the city council at a noticed public hearing. The decision of the city council shall be final.

(Ord. 1721 N.S. Exh. A (part), 2005)

6.36.180 - Livestock restrictions.#

It is unlawful for any person to construct, establish, conduct or maintain or cause to be constructed, established or maintained, or engage in, except as otherwise provided for in this chapter, any dairy, stockyard or stock corral, cattle ranch, or public stable, in any residential and/or commercial zone within the city. Where an existing dairy, stockyard, stock corral or public stable is presently in operation, then such use shall be allowed to continue as a nonconforming use.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 10, 1962)

6.36.190 - Enlargement of existing facilities—Exceptions.#

Subject to all other provisions of this chapter, no buildings, structures, hutches or pens, used in connection with any rabbit and/or poultry ranch shall be extended or enlarged to any point within fifteen feet of any boundary of any poultry or rabbit ranch§, except in the agricultural zone.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 11, 1962)

6.36.200 - Reversion of nonconforming use.#

Where any building, structure or premises enjoying a nonconforming use, as set forth in Sections 6.36.160 and 6.36.180 of this chapter is not conducted for such nonconforming use for a continuous period of six months, such use shall automatically revert back to the classification to which it formed an exception, and the animal use permit issued pursuant to this chapter shall be canceled.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 12, 1962)

6.36.210 - Sanitary requirements.#

It is declared to be a nuisance and it is unlawful for any person to keep, maintain or allow to be kept or maintained at or upon any premises, owned, controlled or occupied by him in the city, any enclosure for the use, restraint or confinement of any livestock, poultry, fowl, rabbit, or household pet, any yard, coop, aviary, building, structure, pasture, pen, hutch, loft, kennel or enclosure which is in a foul, obnoxious or filthy condition that is or may become detrimental to public health, comfort or safety. All places where livestock, rabbits, poultry, or household pets are kept shall be maintained and kept in a sanitary condition§, and shall be cleaned as often as it is necessary to avoid being a nuisance.

(Ord. 1443 N.S. § 7, 1999: Ord. 1209 N.S. (part), 1995: Ord. 135 § 23, 1962)

6.36.220 - Manure storage.#

Manure shall not be stored within the respective distances specified in Section 6.36.170§ of this chapter, except that nothing in this section shall apply to manure which is spread about and mixed with and cultivated in the ground around plants, vines, vegetables, bushes, shrubs, trees or lawn.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 20, 1962)

6.36.230 - Maintenance of premises—Fly and odor control.#

It is declared to be a nuisance and it is unlawful for any person to allow manure from animals, rabbits or poultry, which has become damp or moist, or is likely to create any foul or obnoxious odors, or the breeding of flies, to accumulate on any premises for a period longer than a maximum of seven days.§ However, nothing in this

Chapter 6.36 - Animals#

6.36.240 - Wild animals—Permit required.#

A. No person shall have, keep or maintain, or have in his possession or control, any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey or any poisonous reptile of any kind, or any dangerous or carnivorous wild animal or reptile without first applying to and receiving from the chief of police or animal control administrator a permit§ to do so.

B. The administrator is invested with the authority to issue permits for the keeping or maintaining of any of the animals enumerated and described in the subsection A of this section to any person when, in his opinion, any such animal may be kept or maintained without menacing the safety of any person or property; provided, however, that he may require any such animal to be properly caged or tethered, and may make additional rules and regulations regulating the keeping or maintaining of any such animals, and may revoke any such permit for the violation of any of the provisions of this chapter or of any of the rules or regulations, or when, in his opinion, the safety of any person or property is menaced by the keeping of any such animals.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 4, 1962)

6.36.270 - Keeping of swine prohibited—Exceptions.#

It is unlawful for any person to keep, maintain or permit to be maintained any swine on any premises within the city, except within those premises which have been zoned for agricultural use.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 5, 1962)

(Ord. No. 2304 N.S., § 3, 9-18-2019)

6.36.275 - Keeping of bees regulations.#

A. Hobbyist beekeeper in single-family residential property must register any operating apiary with the Santa Clara County Agricultural Commissioner§. Number of colonies, location of apiary, and first and last name of the apiary owner must be clearly stated in the application.

B. It is unlawful for a hobbyist beekeeper to maintain an apiary in the City of Morgan Hill that is not registered with the County Agricultural Commissioner.

C. A hobbyist beekeeper can keep one hive on a property with a lot size between five thousand square feet and ten thousand square feet.§ Up to two hives can be kept on property with a lot size exceeding ten thousand square feet.§

1. EXCEPTIONS: With written unanimous consent from adjacent property owners, property with a lot size between five thousand square feet and ten thousand square feet can keep up to two hives§, and property with a lot size exceeding ten thousand square feet can keep up to three hives.§

D. Prior to placing an apiary within a one thousand-foot radius of a church, school, public building, dairy, or corral, the hobbyist beekeeper must obtain written permission from such entities.§

E. All hives in an apiary must have an adequate supply of water within three feet of the hives§ to prevent bees from foraging in undesirable areas.

F. All hives must be located in a side yard or backyard§ and must be easily accessible by County Inspectors.

G. All hives must be located at least twenty-five feet from the rear property line§ and at least ten feet from the side yard property line that the apiary is registered in.§

H. Any hives that exceeds six feet in height must be anchored with ratchet straps§ to prevent toppling during wind and earthquake events.

I. All hives must have the entrance facing a dwelling or building on the property that the apiary is registered in or to be surrounded by a solid perimeter fence not less than six feet in height.§

J. Continuing hobbyist beekeepers must renew their registered apiary within thirty days after January 1 of each year.§

K. All hives must have the owner's name, owner's phone number and address, and apiary registration number, visibly displayed in dark letters in front of each hive entrance.§

(Ord. No. 2304 N.S., § 4, 9-18-2019)

6.36.280 - Operation without permit prohibited.#

It is unlawful for any person to commence, conduct, carry on, transact, engage in, run, operate or maintain or cause, permit or allow another person to carry on any endeavor wherein sanitation and the preservation of public health are involved, and an animal use permit or a residential private livestock permit is required by this chapter or the laws of the state, without first applying for and securing an animal use permit or a residential private livestock permit.

(Ord. 1721 N.S. § 2, Exh. A (part), 2005: Ord. 1209 N.S. (part), 1995: Ord. 135 § 24, 1962)

(Ord. No. 2276 N.S., § 23, 5-2-2018)

6.36.290 - Inspection and right of entry.#

It shall be the duty of the health officer, his deputies, agents or employees, animal control administrator or authorized agent, or any police or peace officer, to enter upon or in any premises, building, lot, yard or enclosure for the purpose of inspecting such premises, to ascertain if any nuisance named in this chapter exists, or if such officer or officers has reason to believe any such nuisance shall exist and whenever a nuisance shall be found to exist in the opinion of the health officer, his deputies, or any police or peace officer, to notify in writing any person or persons owning or having control of or acting as agent for, leasing or occupying such premises, house or other place, to abate or remove such nuisance within a reasonable time to be stated in such notice.

(Ord. 1209 N.S. (part), 1995: Ord. 135 § 25, 1962)

6.36.300 - Violation.#

A. It is unlawful for any person to violate any of the provisions of this chapter. Any person who fails to comply with the requirements of this chapter shall, for each and every violation thereof, and for each and every day or fractional part thereof during which such violation shall continue, be liable and shall have his or her permit revoked.

B. Upon the failure, neglect, or refusal of any owner, occupant, agent, or other person having control of such house, premises, or other place to comply with the notice given under Section 6.36.290 of this chapter, the animal control administrator or authorized agent, his or her deputies or agents, any police or peace officer, or the city attorney may abate such nuisance. The owner, agent, occupant, or other person having control of such house or place, in addition to the penalties provided by this chapter, shall be liable to the city for the cost of such abatement, including reasonable attorney's fees to be recovered in a civil action in any court of competent jurisdiction. If no person can be found upon whom to serve such notice, the city clerk, his or her deputies or agents, any police or peace officer, or the city attorney, duly authorized or empowered for the enforcement of this chapter, shall proceed to abate such nuisance at the expense of the city.

(Ord. No. 2276 N.S., § 23, 5-2-2018)

Editor's note: Ord. No. 2276 N.S., § 23, adopted May 2, 2018, amended § 6.36.300 in its entirety to read as herein set out. Former § 6.36.300 pertained to violation—penalty and derived from Ord. 135, § 26, adopted in 1962; Ord. 1192 N.S., § 7, adopted in 1994; Ord. 1209 N.S. (part), adopted in 1995; Ord 1320 N.S., § 6, adopted in 1997; and Ord. 1443 N.S., § 10, adopted in 1999.