HomeMy WebLinkAboutORD 826 (1980) 1 ORDINANCE NO. 826
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REGULATING THE LICENSING
AND ACCUMULATING OF ANIMALS WITHIN THE CITY OF
TUSTIN
5 The City Council of the City of Tustin, California does
6 ordain as follows:
7 Section 1. Chapter 2 Article 4 of the Tustin City Code
8 is amended to read as follows:
9 CHAPTER 2
ANIMALS AND FOWL
10 PART I COUNTY CODE
11 4211 AdoptiOn of County Code
1Z Subject to the particular additions, deletions and amend-
1~ ments hereinafter set forth in this Chapter, the rules, regu-
14 lations, provisions and conditions of the Codified Ordinances
15 of.the County of Orange:
!6 a. Articles 1, 2r 3,4, 5, 6, 7, 8, 9, 10 of Division 1
17 of Title IV; '
18 b. Article 1 of Division ! of Title V;
19 c. Subsections b, c, f, g, h, i, and t of Section 5-1-29
Z0 and Section 5-1-30 of Article 2 of Division 1 of Title
~1 V;
Z2 d. Article 3 of Division 1 of Title V;
25 e. Division 2 of Title V; and
24 f. Division 3 of Title V,
~5 and as may be amended from time to time by the Board of Super-
26 visors of the County of Orange, California are adopted and made
~7 a part hereof as though fully set forth herein as part of the
28 Tustin City Code and the same are hereby established and
~9 adopted as the rules, regulations, provisions and conditions --
~0 to be observed and followed to govern animal control, welfare
~1 and license requirements in the City of Tustin. Three full
52 printed copies of the above specified provisions of the Codified
~ Ordinances of the County of Orange are ordered to be kept on
Z file at the office of the City Clerk of City of TUstin.
~ 4212 Amendments to County Code
4 The following references set forth in the Codified Ordi-
5 nances of the County of Orange referred to in Section 4211 of
6 the Tustin City Code, to "Board of Supervisors", shall be
7 deemed to mean "City Council" and references to "County" or
8 "County of Orange", or "unincorporated area of Orange County"
9 shall be deemed to mean "City of Tustin".
~0 a. Section 4-1-8 of the Codified Ordinances of the
~1 County of Orange,
~2 b. 4-1-10 of the Codified Oridnances of the County of.
~5 Orange,
~ c. 4-1-50 (e) of the Codified Ordinances of the County
15 of Orange,
~6 d. 4-1-70 (a) of the Codified Ordinances of the County of
~7 Orange,
~8 e. 4-1-105 (a) of the Codified Ordinances of the County of
~9 Orange,
Z0 f. 4-1-158 (g) of the Codified Ordinances of the County of
~1 Orange,
Z2 g. 4-1-164 of the Codified Ordinances of the County of
~5 Orange,
Z~ h. 4-1-167 of the Codified .Ordinances of the County of
~5 Orange,
Z6 i. 4-1-168 of the Codified Ordinances of the County of
27 Orange-
Z8 j. 4-1-176 of the Codified Ordinances of the County of
~' ~9 Orange,
~0 k. 4-1-180 of the CodifiedOrdinances of the County of
~1 Orange,
~2 1. 5-1-29 of the Codified Ordinances of the County of
-2-
1 Orange,
2 m. 5-1-30 of the Codified Ordinances of the County of
5 Orange,
4 n. 5-1-41 of the Codified Ordinances of the County of
5 Orange,
6 o. 5-2-14 of the Codified Ordinances of the County of
7 Orange,
8 4213 Public Property
9 Section 4-1-46 of Article 2 of Division 1 of Title V of
10 the Codified Ordinances of Orange County shall be amended to
11 read as follows:
12 No person having charge of any dog, except a
blind person with a scout dog, shall permit
15 said dog to be under any circumstances within
public school property or on any public park
14 within the City of Tustin. This Section, however
does not prohibit the use of dogs on school
15 property for teaching or any other school uses
16 when approved by the school officials.
17 In the event the City Council, by resolution, authorizes
18 dogs to be upon any p~biic park, the provision of this Section
shall not be applicable thereto.
19
Z0 4214 Zoning Regulations
21 Title IV, Division 1, Article 6, Section 4-1-94 paragraph
22 1 of the Codified Ordinances of Orange County which in part reads
23 "The keeping or maintenance of such animals shall also conform
~4 to the zoning regulations of Orange County." shall be amended to
read:
The keeping or maintenance of such animals shall
also conform to the zoning regulations of the
City of Tustin.
4215 Penalties
29 (A) Any person who violates any of the provisions of this_
30 Chapter 2, Article 4 shall be guilty of an infraction, except;
31 (B) Any person who violates any of the provisions of Title
32 V of the Codified Ordinances of the County of Orange as adopted by
Chapter 2, Article 4 shall be guilty of a misdemeanor.
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4216 Continuation of Prior Ordinances
The repeal of ordinances or parts of ordinances
affectuated by the enactment of this chapter shall not be
construed as abating any actions now pending under or by
virtue of such ordinances or as discontinuing, abating and
modifying or altering any penalty accrued or to accrue or as
affecting the liability of any person, firm or corporation or
as waiving any right of the .municipality under any section or
provisions existing at the time of the passage of this chapter.
PART II
GENERAL REGULATIONS
4221 General Prohibitions
(A) It shall be unlawful to k~p, maintain, or cause
to be kept or maintained on any single parcel of prop-
erty the following in the city:
(1) More than three (3) dogs or more than three (3)
common house cats, except those under 3 months of age,
or any combination thereof.
(2) More than ten (10) birds, fowl, hamsters, white
rats, mice, squirrels, chipmunks, non-poisonous
snakes, insects, or rabbits or any combinations there-
of. No roosters or crowing-type birds or fowl are
authorized.
(3) Any animal, bird, fowl, insect, serpent, or rodent
not permitted under any of the preceding subsections.
(4) More than one (1) beehive or colony. No occupied
beehive shall be closer than one hundred feet from any
adjacent residential structure or street or highway.
- 4 -
(B) No bird, fowl, or rabbit shall be maintained
outside a residence any closer than fifty feet from
any neighboring residence.
(1) Such poultry and animals shall under no
circumstances be permitted to run at large,-but
shall be at all times confined within a suitable
house or coup with an enclosed runway.
(2) Such house or coup runway shall at all times
be maintained in a clean and sanitary condition
and shall at all times be free of offensive odors.
(C) It shall be unlawful to keep animals or fowl for
commerical purposes in any residential zone other than
the R-A district or authorized Planned Community'
District (PC).
(D) This Section shall not prohibit the keeping of
animals in authorized pet shops and kennels.
4222 Livestock - Permit Required for Liuestock
It shall be unlawful to keep any equine, bovine,
swine, sheep or goat within the corporate city limits, except
in the R-A ~istrict & where au~h6rized by development guid~tines~
PC Districts. A use permit shall be required for the keeping
of such animals within these districts.
4223 Wild Animals
(A) Wild animals defined. The term "wild animal"
means and inc~ludes any animal, reptile, fowl, or fish which
is not naturally tame or gentle but is of a wild nature or
disposition or which is known to be vicious and or dangerous
to the health or safety of people who might come in contact
with it, and which must be kept in confinement to be brought ~--
~ithin the immediate power of the owner.
(B) Wild animals not permitted in the City; except-
ions: It is unlawful for any person to keep and maintain any
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wild animal within the City. This section shall not prohibit the
keeping of:
1. Wild animals in a bonafide zoo;'
2. Wild animals in a bonafide, licensed veterin-
ary hospital for treatment;
3. Wild animals in any entertainment establishment
provided by conditional use, permit, specifically
providing for such use;
4. Wild animals in a bonafide educational insti-
tution for the purpose of instruction, provided
such animals are securely confined and are
properly cared for in a manner satisfactory to
the Orange County Pound Master;
5. Any hamster, guinea pig, white rat and or
mouse, turtle, salamander, newt, chameleon,
kangaroo rat; any non-poisonous reptile (not.
exceeding six feet in length or three in number);
and non-poisonous toad, lizard or spider.
4224 Animals Not To Become Nuisance. Nuisances Not
Authorized By Article.
No person shall keep, maintain, or. permit on any
lot, parcel of land, or premises under his control, any animal
which by sound or cry disturbs the peace and comfort of'the
inhabitants of the neighborhood or interfers with any person
in the reasonable and comfortable enjoyment of life and property
Nor, shall any person maintain any animals in such a manner as
to cause a breeding of flies or the creation of obnoxious odors,
or in any manner which becomes or is a nuisance or health
hazard. Nothing-in this article nor compliances with the
regulations or conditions provided herein, shall be construed
to grant .anyone the right to maintain a nuisance.
///
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~ 4225 Dogs Within Parks
Z (A) It shall be the responsibility of any person having
3 charge ofadog to remove any dog droppings emanating from their
4 dog and deposited upon a public park, and to dispose of same
5 in a sanitary manner.
6 (B) This Section shall not prevent the City or its
7 lessees from holding public events in which pets participate
8 in City parks. Pets shall be in the control of handlers
9 either by restraint or command at all times.
10 4226 Animals Within Parks
11 Animals shall not be permitted to run loose or at
1Z large in any public park. Nor shall any person bring into
15 any public park any animal that constitutes a safety hazard
~ or detriment to the enjoyment of the area by the public.
~5 Upon permit from the City Administrator, animals
~6 may be brought into public facilities for the purpose of
~7 animal shows, exhibits, fairs, and the like.
18 PASSED AND ADOPTED at a regular meeting of the City
19 Council of the City of Tustin, California, held on the 19th
Z0 day of May , 1980.
/7
25 !,
~YOR - ·
26 ATTEST:
27
30
31
32
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio of the City Council of the City c[
Tustin, California, does hereby certify that the whole number of members
of the City'Council of the City of Tustin is five; that the above and fore-
going Ordinance No. 826 was duly and regularly introduced and
read at a regular meeting of the City Council held on the 5th day of
May . , 1980, and was given its second reading and duly passed and
· adopted at a regular meeting held on the 19th day of May ·
1980, by the following vote:
AYES ~ COUNCILMEN: Saltarelli, Edgar, Hoesterey, Sharp, Kennedy
NOES : COUNCI~4EN: None
ABSENT: COUNCILMEN: None
MARY E.' WYN~,City Cle/~'~
City of Tustin,California