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HomeMy WebLinkAboutORD FOR ADOPTION 05-19-80ORDINANCES FOR ADOPTION No. 1 5-19-80 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 BACKGROUND: Ordinance No. 826 had first reading by title only and introduction at the May 5, 1980 meeting. RECOMMENDATION: M. O. - that Ordinance No. 826 have second reading by title only. M. O. - that Ordinance No. 826 be passed and adopted. ROLL CALL VOTE 1 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 221 23 24 25 26 27 28 29 30 31 32 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 The City Council of the City of Tustin, California does ordain as follows: Section 1. Chapter 2 Article 4 of the Tustin City Code is amended to read as follows: CHAPTER 2 ANIMALS AND FOWL PART I COUNTY CODE 4211 Adoption of County Code Subject to the particular additions, deletions and amend- ments hereinafter set forth in this Chapter, the rules, regu- lations, provisions and conditions of the Codified Ordinances of the County of Orange: a. Articles 1, 2, 3,4, 5, 6, 7, 8, 9, 10 of Division 1 of Title IV; b. Article 1 of Division 1 of Title V; C. Subsections b, c, f, g, h, i, and t of Section 5-1-29 and Section 5-1-30 of Article 2 of Division 1 of Title V; d. Article 3 of Division 1 of Title V; e. Division 2 of Title V; and f. Division 3 of Title V, and as may be amended from time to time by the Board of Super- visors of the County of Orange, California are adopted and made a part hereof as though fully set forth herein as part of the Tustin City Code and the same are hereby established and adopted as the rules, regulations, provisions and conditions to be observed and followed to govern animal control, welfare and license requirements in the City of Tustin. Three full printed copies of the above specified provisions of the Codified 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Ordinances of the County of Orange are ordered to be kept on file at the office of the City Clerk of City of Tustin. 4212 Amendments to County Code The following references set forth in the Codified Ordi- nances of the County of Orange referred to in Section 4211 of the Tustin City Code, to "Board of Supervisors", shall be deemed to mean "City Council" and references to "County" or "County of Orange", or "unincorporated area of Orange County" shall be deemed to mean "City of Tustin". a. Section 4-1-8 of the Codified Ordinances of the County of Orange, b. 4-1-10 of the Codified Oridnances of the County of Orange, C. 4-1-50 (e) of the Codified Ordinances of the County of Orange, d. 4-1-70 (a) of the Codified Ordinances of the County of Orange, e. 4-1-105 (a) of the Codified Ordinances of the County of Orange, f. 4-1-158 (g) of the Codified Ordinances of the County of Orange, g. 4-1-164 of the Codified Ordinances of the County of Orange, h. 4-1-167 of the Codified .Ordinances of the County of Orange, i. 4-1-168 of the Codified Ordinances of the County of Orange. j. 4-1-176 of the Codified Ordinances of the County of Orange, k. 4-1-180 of the Codified Ordinances of the County of Orange, 1. 5-1-29 of the Codified Ordinances of the County of -2- Esll 9i 10j 11' 12 13 14 15) 16 17 18' 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Orange, M. 5-1-30 of the Codified Ordinances of the County of Orange, n. 5-1-41 of the Codified Ordinances of the County of Orange, o. 5-2-14 of the Codified Ordinances of the County of Orange, 4213 Public Property Section 4-1-46 of Article 2 of Division 1 of Title V of the Codified Ordinances of Orange County shall be amended to read as follows: No person having charge of any dog, except a blind person with a scout dog, shall permit said dog to be under any circumstances within public school property or on any public park within the City of Tustin. This Section, however does not prohibit the use of dogs on school property for teaching or any other school uses when approved by the school officials. In the event the City Council, by resolution, authorizes dogs to be upon any public park, the provision of this Section shall not be applicable thereto. 4214 Zoning Regulations Title IV, Division 1, Article 6, Section 4-1-94 paragraph 1 of the Codified Ordinances of Orange County which in part reads "The keeping or maintenance of such animals shall also conform 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 (A) Any person who violates any of the provisions of. this Chapter 2, Article 4 shall be guilty of an infraction, except; (B) Any person who violates any of the provisions of Title V of the Codified Ordinances of the County of Orange as adopted by Chapter 2, Article 4 shall be guilty of a misdemeanor. - 3 - 1 2 3 4 5 6 7 8 9 14 11 12 13 14' 151 16� 17' 18 19 20 21 22 23 it 2 25 II 26 27 28 29 30 31 32 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 keep, 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 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 27 28 29 30 31 32 (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 Livestock It shall be unlawful to keep any equine, bovine, swine, sheep or goat within the corporate city limits, except inthe R -A District and authorized by development guidelines, 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 includes 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 within 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 -5- 2 3 4 5 6I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. IM a 1 2 3 4 5 6 7 8 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4225 Dogs Within Parks (A) It shall be the responsibility of any person having charge of dog to remove any dog droppings emanating from their dog and deposited upon a public park, and to dispose of same in a sanitary manner. (B) This Section shall not prevent the City or its lessees from holding public events in which pets participate in City parks. Pets shall be in the control of handlers either by restraint or command at all times. 4226 Animals Within Parks Animals shall not be permitted to run losse or at large in any public park. Nor shall any person bring into any public park any animal that constitutes a safety hazard or detriment to the enjoyment of the area by the public. Upon permit from the City Administrator, animals may be brought into public facilities for the purpose of animal shows, exhibits, fairs, and the like. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of , 1980. ATTEST: CITY CLERK -7- MINTGUM. CC • o vOUNTY OF o ( O )F 1, NGLE PLEASE SEND Q.Y TO OFFICE CHECKED: 1170 N. ANAHEIM BLVD. 1016 N. BROADWAY P.O. BOX 4509 (PH: 991-21211 P.O. BOA 1997 IPH: 834-67231 ANAHEIM, CA 92803 SANTA ANA, CA 92702 9191 WESTMINSTER AVE. O 101 S. CITY DRIVE, TRAILER P.O. BOX 1360 (PH: 89645111 P.O. Box 1966 (PH : 633-93931 GARDEN GROVE, CA 92642 ORANGE, C4. 92668 2020 W, WALNUT O 1629 W. 17TH STREET P.O. eox 1943 (PH: 834-27801 P.O. Box 1968 IPH: 834-63701 SANTA ANA, CA. 92702 SANTA ANA, CA. 92702 Cl 1624-34 W. 19TH STREET 1623 W. LITH STREET P.D. Box 1999 (PH: 834-65461 P.O. Box 1944 IPH: 834-25831 SANTA ANA, CA. 92702 SANTA ANA, CA. 92702 601 N. ROSS STREET 1801 N. COLLEGE AVE. P.O. Box 1957 (PH: 834-22701 P.O. BOX 1987 (PH: 034.5172) SANTA ANA, CA. 92702 SANTA ANA, CA. 92702 DEPARTMENT OF SOCIAL SERVICES Robert G. Love; Interim Director October 14, 1976 The O,:�nartnent of Social Services (DSS) is in the process of preparing the third Comprehensive Annual Services Program Plan as required by Title XX of the Social Security Act and according to guidelines issued by the State Department of Health. The process includes needs assessment, resource identification, resource coordina- tion, reporting, public participation and review, volunteer utilization analysis, and program development and resource allocation. State mandated services currently provided by DSS under Title XX are: Information and referral, protective services for children and adults, out -of -hone care services for children and adults, health related services, family planning, in-home supportive services and employment services. In addition the follo!d ng services are provided by County option: Home management services, services for children with special problems, special care for children in their ovm hones, and employment/education/ training services. The County has the option to delete or substitute any of these programs in the next plan. DSS is concerned with developing programs to meet the most critical social service needs unmet by other private or public agencies or groups. Public meetings will be held in October to give citizens the opportunity to express opinions regarding needed services. Persons attending the neetines v1ill be invitec to complete questionnaires regarding needed services. The meetings will be held October 27, 7-19 p.m. in the Garden Grove Community Center, 11300 Stanford .Avenue, and October 28, 9-12 a.m. in the San Clemente Community Center, Cabrillo and Seville. Page 2 of 2 Additional meetings will be held October 28, 7-10 p.m. in the Fountain Valley Community Center, 10200 Slater Avenue, and on October 30, 9-12 a.m. in the Lacks Building, 201 North Bradford, Placentia. Individual agencies and groups are invited to contact DSS planning staff to discuss the plan and/or provide input regarding specific interests. Copies of the completed plan will be available upon request. For further information, telephone ,Iarilyn LeCas (714) 334-6710 or Sylvia !!all at 334-6263. Your participation would be appreciated. Yours truly, Robert G. Love Interim Director RgL : S:: -I: s b Date: April 27, 1977 Kenneth Feagle Planning Director Main & Centennial Tustin, Ca, 92680 Dear Sir: 71 ORANGE COUNTY ANIMAL SHELTER QF S61 CITY DRIVE SOUTH ORANGE. CALIFORNIA 92668 TELEPHONE: 634-7900 G E HEALTH AGENCY VETERINARY PUBLIC HEALTH DIVISION SUBJECT: Zoning Permit This agency needs to know if existing zoning permits this activity. Applicant has requested permission to keep, maintain, or operate _ Peet Shop at this address: 500 First Street Tustin, California Please complete the portion of the application relating to zoning use, retain the third copy, and return other copies to this Department. respectfully yours, Jerry T. Markwith Senior Animal Control Officer JRO:jb Attachment application, return envelope cc: Business License File F274- 95.3 [a'. O o _-AUNTY OP o ( 0FAAN43E HEALTH DEPARTMENT VETERINARY PUBLIC HEALTH DIVISION 10-16-76 William L. Bopf, City Administrator City of Tustin 140 W. Second Street Tustin, Ca 92680 0 SUBJECT: City Animal Control Service Statistics for September 1, 1976 - September 30, 1976 ORANGE COUNTY ANIMAL SHELTER 561 CITY DRIVE SOUTH ORANGE, CALIFORNIA 92666 TELEPHONE: 634-7301 In accordance with your request, we have compiled Field Service Statistics reflecting actions taken within your city limits during the period stated. Comparable data for all areas served are also shown for your convenience: YOUR 8 OF ALL ALL AREAS CITY # AREAS TOTAL # ESTIMATED POPULATION SERVED 29,300 2.72 1,094,780 FIELD ACTION TAKEN 1. Live Dogs or Cats Impounded 65 2.73 2,378 2. Wild, Exotic Animals, Etc. Impounded 7 6.73 104 3. Livestock (Horses, Chickens, Etc. Impounded) 2 10,00 20 4. Dead Animals Picked Up 13 2.53 513 5. Court Appearances Required 0 0 10 6. "Notice to Obtain License" Issued 0 0 8 7. Citations Issued 8 1.38 579 8. Cruelty Allegations Investigated 0 0 42 9. Animal Facility Inspections Completed 0 0 2 10. Livestock Killings Investigated 0 0 5 11. Traps (Set/Picked Up)' 0 0 0 12. Quarantines Imposed 9 2.55 353 13. Quarantines Released 5 2.17 230 14. other Actions (Including Interim Visits) 181 3.52 5,143 15. Injured to Veterinarian 1 2_04 dq TOTAL ACTIONS COMPLETED IN THE FIELD 291 3.08 9.436 Records indicate that the service requests recorded by telephone -answering personnel totaled 126 , while calls for information totaled 504 Questions should be directed to Leonard M. Foster, Director of Animal Control (634-7106), or his Administrative Assistant (634-7942). PRE:LMF: ep cc: Field Service Statistics File F274-125.2 Sincerely, PAUL R. ENGLE, M.D.-, Health Officer County of Orange