Alameda County Municipal Code Ch. 5.12 Animal Fanciers Permits

No person shall keep more than two dogs or keep more than two cats, or keep any livestock as accessory to any dwelling unit located in any R zoning district as designated on the county zoning map (on file with the board of supervisors) except in accordance with the provisions of a valid animal fanciers permit issued by the director of field services.

(Prior gen. code § 3-45.0)

A. An application for an animal fanciers permit shall be in the form required by the director of field services and shall be accompanied by the fee established by resolution of the board of supervisors.

B. Upon receipt of an application, the director of field services shall make any appropriate investigation and shall issue the animal fanciers permit if he finds all the following:

1. The keeping of the requested animals at the location specified in the application will not violate any ordinance or other regulation of this county or any law of the state;

2. The keeping and maintenance of the requested animals can be in accordance with those standards adopted for this purpose by the director of field services with the concurrence of the county health officer;

3. The keeping and maintenance of the requested animals will not endanger the peace, health or safety of persons in the immediate vicinity, or in the county as a whole;

4. The premises and housing where the requested animals are to be kept are in clean and sanitary condition, and any requested animal will not be subject to suffering, cruelty or abuse;

5. The applicant has not had a permit, issued pursuant to this article, revoked within a year prior to the date of the application;

6. The keeping and maintenance of the requested animals does not constitute a public nuisance.

C. The animal fanciers permit shall be issued for a specified term, at the discretion of the director of field services, but in no event to exceed a three year term.

(Prior gen. code § 3-45.1)

Any permit issued pursuant to this article may be revoked, if, after investigation and written notice to the permittee, the director of field services finds any of the following to be true:

A. The permittee, his agent or employee has been convicted of any offense involving the violation of Sections 596 to 599 inclusive, of the Penal Code or is in violation of any zoning, health and safety or building ordinance relating to the keeping of the permitted animals; or

B. The permittee has failed to keep and maintain the premises or housing for the permitted animals in a clean and sanitary condition; or

C. The permittee has, at the place for which the permit is issued, failed to provide any animal with proper food, water, shelter or attention; or

D. The permittee has violated any rules, regulations or conditions adopted by the director of field services as necessary to insure the permitted animal will not endanger the peace, health or safety of any person or property; or

E. The permittee has changed the location of his residence or sells, assigns, transfers, donates, leases, or otherwise disposes of the permitted animal for which the permit was issued.

If, after investigation, the director concludes that it is probable that one or more of the above grounds for revocation has occurred, he shall cause written notice thereof to be transmitted by certified mail to the address of the permittee. Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal nearing to be held before the director thereon. Said date shall not be less than ten days subsequent to the date of deposit of the notice in the mail.

After the informal hearing, the director may modify the terms thereof or revoke the permit depending upon the permittee's ability and/or willingness to comply with the requirements of this article.

In the event that it is reasonably necessary to protect against an immediate threat of danger to the public health or safety, the director may suspend any permit summarily, without a hearing, for a period not to exceed thirty (30) days.

(Prior gen. code § 3-45.2)

Permits issued pursuant to the provisions of this article shall be surrendered for inspection by the permittee upon the request of the director.

The premises on which a permitted animal is maintained shall be open at any reasonable hour for inspection by the director.

(Prior gen. code § 3-45.3)

The director shall have the authority to enter the premises at any reasonable hour in a lawful manner, and to take up, impound, and safely keep any animal upon denial, revocation, or suspension of a permit or when any owner refuses to apply for a permit.

Procedures for the reclamation, redemption and destruction of impounded animals shall de accomplished pursuant to Chapter 5.36 of this code.

(Prior gen. code § 3-45.4)

The director of field services shall adopt rules and regulations formulated with the concurrence of the county health officer in conformity with, and for the purpose of, carrying out the intent of this chapter. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any permit provided for in this chapter.

(Prior gen. code § 3-45.5)

Any person aggrieved by any decision or action resulting from the application of this chapter may appeal to the board of supervisors within five days from the date of permit denial. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation.

(Prior gen. code § 3-45.6)

The applicant for an animal fanciers permit for livestock shall be exempt from the permit fee required by Section 5.12.020A if such livestock are owned and raised by the applicant as a member of and as part of the regular activities of, a nonprofit youth organization which is formed primarily for agricultural purposes.

(Prior gen. code § 3-45.7)

Any person desiring to keep or maintain, or keeping or maintaining:

A. Any commercial fur bearing animals, any poultry, rabbit, goat, cow, sheep, horse, mule, pony or similar livestock on any premises, in all zoning districts, except those districts designated "A" (agriculture) as described in Title 17 of this code; or

B. More than seventy-five (75) poultry and rabbits, or either thereof, in any zoning district designated "A" (agriculture) shall obtain an animal fanciers permit in accordance with the provisions of this chapter.

(Prior gen. code § 3-101.0)

A. Construction and Maintenance. Places, areas, or structures where putrescible waste is allowed to accumulate shall be provided with such design and construction so as to allow adequate cleaning and drainage, and shall be provided with adequate access for removal of such waste.

B. Storage of Putrescible Waste. When putrescible waste is stored on the premises prior to removal or disposal, such storage facilities shall consist of rain-proof, fly-tight, rodent-proof and easily cleaned structures; or other such structures as may be approved by the county health officer.

C. Removal and Disposal of Putrescible Waste. A permittee shall not permit or allow putrescible waste resulting from the keeping or maintaining of animals to produce flies, fly larvae or pupae, or to serve as food for rodents, or to produce unreasonable odors. Each permittee shall:

1. Follow such procedure as to the handling and disposal of such waste as is approved by the county health officer; or

2. Remove such waste from the premises and dispose of it at an approved disposal site at least once weekly, except where circumstances and conditions occurring on other than the premises registered make such removal impractical or impossible; provided, however, that if the county health officer finds a fly, rodent or odor nuisance therein, he may order the permittee to apply or use any other procedure provided for in this section.

(Prior gen. code § 3-101.2)