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HomeMy WebLinkAboutORD 484 (1970) ORDINANCE NO. 484 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO PERMITS FOR CERTAIN ANIMALS The. City of Tustin, California, does hereby ordain as follows:. 1. Section 4-23 of the Tustin City Code is hereby. amended to read as follows: Section 4-23 Established. (A) It shall be unlawful to keep, maintain or cause re maintained on any single parcel of property the to D kept or following in the city: (1) 'More than three dogs, except those under three months of age. (2) More than three common house cats, except those under three months of age. (3) More than ten birds or fowl. (4) More than ten hamsterS~ white rats, m~ce, squirre is ~ chipmunks, nonpozsonous snakes, ~ ~=~ec'c,~ bees or rabbits. (5) Any animal, bird, fowl, insect, serpent or rodent not permitted under any of the preced~ ing subsections for which no permit is in effect, as provided herein. (B) No bird, fowl or rabbit shall be maintained out- side of a residence any closer than fifty feet from any neighbor- ing residence. 2. Section 4-24 is hereby added to the Tustin City Code~ to read as follows: Section 4-24 pemit for Keeping Certain Animals. (A) Except as hereinafter provided, no person shall keep~ maintain~ or have in his possession within the City of ?ustin any animal not pemitted by Section 4-23 (A) (1), (2)~ or (4)~ without first obtaining a permit to keep such animal the City Administrator, as hereinafter provided. (B) An application for a permit required pursuant to this section shaD~l be made in v-~riting to the City Adhministrator uoon ~ form furnished by City~ ~l~nd shall be accompanied by an ~pplicatior!. fee In the ~~j~ou:.:~v. of Fift.~'-~,.~-n Dollars ~,$15.O0). The applicati~r~. ~haii be verified by tl?.:~ -~rson who desires -co keep, maintain or have in his possession, or under his control, in the City, the animal for which a permit is required, and shall set following: 5 (1) Name, address and telephone number of applicant. ~ 4 (2) The applicant's interest in such animal. 5 (3) The proposed location, and the name, address and telephone number of the owner' of such location, and of the lessee, 6 if any. (4) The number and general desc'ription of all animals for which the permit is sought, (5) Any information known to the applicant concerning 9 vicious or dangerous propensities of such animals. !0 (6) The housing arrangements for-all such animals, with particular details as to safety of structure, locks, fencing, etc. ,, (7) Safety precautions proposed to be taken, ~ (8) Noises or odors anticipated' in the keeping of such 13 animals. !,~ ~! {9) Prior history of incidents involving the public health or-safety involving any of the animals. 15 ~' (10) Any additional information required by the City 16 Administrator at the time of filing such application or thereafter. i7 (~) The City Administrator may issue a permit for the kee~-' 18 Iing of any animal'if. he determines that such animal may be kept or ~maintained without menacing the health, welfare or safety of any pe son or property; provided, however, that the City Ad~ministrator may- i9 impose such conditions in granting a permit as he may deem necessar~ to protect the public a.nd may limit the term of such permit, -- ~_ The applicant shall be notified in writing of the acti!o: 21 of the '~it(~)A&mini.strator, either granting or denying the permit, and if the application has been denied~ the notice shall advise the ~ applicant of his right to apoeal to the City Council. Service of the notice may. be made by personal service or by registered mail. ~Si If service is made by mail it shall be deemed complete upon deposit in the United States Mail directed to the applicant at his latest ~4 !address shown on the application. ~5 (E) The City Administrator may, for good cause, revoke any permit or modify any terms or provisions thereof, after infonr, at 26 hearing, and"may, in the event it is reasonably nece. ssary. to protect against an immediate threat to the public health or safety, suspend 27 any permit or portion thereof without heari'ng, for a period not to " exceed thirty ~30) 'days. The permittee shall be given at least 28 three (3) days" prior written notice of any such hearing Service ..... of the no~ice shall be in the same manner as provided in Section 2,9 4-2z.~ (D) . 30 (F) If any person is aggrieved by any action of th.e City Administrator taken pursuant to this Section, such person may appea~ 3! to the City Council by filing wltk the City Clerk a statement addressed to the City Council se'[~ting forth the facts.- and circumsta.~cf 32 regarding the action or failure ~o act on the part. of -the City Admi~- ,,.i,~', :. ,':, E:,,,T,'-61Ll'~ istrator. The City Clerk shall notify the $~?7>licant in ,~riting by registered mail of the tin=~e and place set for hearing his appeal. The City Council at its next regular meeting held not less than five-(5). days from the date on which such appeal shall have been filed with the City Clerk, shall hold a hearing and deterraine the merits of the appeal. The City Council may sustain, overrule or mo~ify the action of the City A~ninistrator and its decision shai~ be final. The right to appeal to the City Council frcrn any action = o this Section shall ter- or decision of tke Cit~ Ad~r, inistr=,t r under rainate upon the e~--i~-i~-~.'~ion of fifteen (15) days following the givinq of notice to the applicant advising him of the acZion of the City A&m. inistrator. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin~ held on the 19th day of October, 1970. ~ ATTEST: ~YOR jGR:rg 9-30-70 STATE OF CALIFORNIA ) COUNTY. OF ORANGE ) SS CITY OF TUSTiN ) RUTII C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Cal'ifornia, does hereby certify that the wi'~ole nLnnber of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was duly and regalarly introduced and read at a regular meeting of the City Council held on the 5th day of October , 1970 , and was giv'en its second reading and duly passed and adopted at a regular meeting held on the igth day of October , 1970 , by the following vote: AYES: COUNCILMEN: COCO, C. MILLER, MARSTERS, L. ~4ILLER, OSTER NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE