Division 2 — ANIMAL RAISING AND KEEPING

This Section applies to all animals within the City limits.

(Ord. No. 503, 12-16-2014)

Unless otherwise noted in this Section, Animal Raising and Keeping is considered an Accessory Use to a Primary Residential Use, therefore animals may not be kept on a property without an occupied residential structure on site (or contiguous to it), and the animals on the property must be owned by the resident.

(Ord. No. 503, 12-16-2014)

The following situations are the only exceptions to the restrictions in this Section.

A.

Residency Requirement.

Administrative Permit. Owners of Large and Medium Animals may receive exemption from the Residency Requirement of Section 28.31.015 with an approved Administrative Permit, which must be renewed annually. To receive approval, animals must be provided with automatic watering systems and shelter, food must be available on site and stored near the animal enclosure at all times, the animal owner must be a resident of Alturas and must designate a back-up caretaker along with their contact information. A copy of the property's lease agreement is also required to accompany the Administrative Permit application.

2.

Animal Boarding. Commercial boarding establishments are exempt from the on-site ownership limitations of this section as long as they meet the requirements of Section 28.38.070 for Home Occupations, Section 28.34.020 for Commercial Kennel, or Section 28.37.030 for Riding Stables.

B.

Animal Husbandry Projects (Includes 4H, Grange and FFA Projects). Animal Husbandry Projects are exempt from the Lot Area requirement of this Section and may be allowed in any residential zone upon approval of an Administrative Permit. In addition to being processed pursuant to Section 28.52.010, and meeting the requirements of the Animal Husbandry Project definition of Article VIII, all such projects shall be conditioned

to require an oral presentation to the City Council at the conclusion of the project to advise the Council of the applicant's findings relating to the project.

C.

Legal Nonconforming Numbers or Types of Animals, or Minimum Gross Lot Area. Where an existing Animal Raising and Keeping use is not in compliance with this section with regard to the number or type of animals permitted, or the minimum gross lot area required, and the use was in compliance with the Zoning Ordinance in place at the time the use started, and is otherwise in compliance with this Section, then the legal nonconforming use regulations of Section 28.62.040 apply, and the continuation or termination of said use shall be controlled by that Section.

Nothing in the above paragraph is intended to exempt an Animal Raising and Keeping use from providing animals with the Minimum Animal Enclosure and Shelter Requirements identified for the animal(s) in question. Failure to provide said enclosure and shelter facilities within 90 days of receiving notice that the facilities are inadequate will cause an automatic loss of Legal Nonconforming Use status.

(Ord. No. 503, 12-16-2014)

The following categories shall be used to classify animals and determine the Minimum Animal Enclosure and Shelter Requirements that must be provided for the animal.

A Note On Shelters: While it is possible to keep large and medium sized animals humanely on large acreage without the shelter required below, these conditions typically include a significant number of animals in the herd (to provide an element of safety), tree cover and/or enough room for the animal to move out of areas that are too hot, cold, wet or windy. This is not the case on lots within the City, which are typically too small

to accommodate animals in large numbers, and to provide enough room to escape from the elements. Therefore, shelters are required within the City limits for all animal keeping.

A.

Animals, Large. Large animals include, but are not limited to, standard sized cattle, horses, donkeys, mules, ostrich, emu, swine, llamas, alpaca, and similar livestock.

Minimum Animal Enclosure Requirements: 620 SF per animal including shelter.

Minimum Animal Shelter Requirement: 120 SF per animal (3-sided).

B.

Animals, Medium. Medium animals include, but are not limited to, sheep, goats (standard and miniature), and miniature sized cattle, horses, donkeys, mules, swine and/or other similar livestock.

Minimum Animal Enclosure Requirements: 310 SF per animal including shelter

Minimum Animal Shelter Requirement: 25 SF per animal (3-sided)

C.

Animals, Small. Small animals include, but are not limited to, rabbits, ducks, chickens, turkeys, and other fowl (except racing or homing pigeons - see Specialty Animals).

Minimum Animal Enclosure Requirements: 20 SF per adult animal 10 pounds and larger, and 6 SF per adult animal for animals under 10 pounds. Area measurements include shelter, as required below.

Minimum Animal Shelter Requirement: 6 SF per adult animal 10 pounds and larger and 2 SF per adult animal under 10 pounds (shelter shall be 4-sided with a solid floor)

D.

Animals, Dogs and Cats. This category includes all common domesticated dogs and domesticated cats.

Minimum Animal Enclosure Requirements: 50 SF per adult animal 10 pounds and larger, and 25 SF per adult animal for animals under 10 pounds (an enclosed yard that meets or exceeds these dimensions meets the enclosure requirement). Area measurements include shelter, as required below.

Minimum Animal Shelter Requirement: 6 SF per adult animal 10 pounds and larger and 2 SF per adult animal under 10 pounds (shelter shall be 4-sided with a solid floor, access to an area of a house meets the shelter requirement)

E.

Animals, Specialty. This category includes animals that must be regulated separately because of their unique nature. These include:

Honey Bees. Honey bees live in a colony, called a hive, and the location of one or more hives is called an Apiary. When properly placed, apiaries have been shown to be compatible with urban development (see Section 28.31.040B for placement requirements).

Minimum Enclosure and Shelter Requirements: None

2.

Racing or Homing Pigeons. Pursuant to Section 65852.6 of the California Government Code, the Homing Pigeon, sometimes referred to as a Racing Pigeon, is a bird of the order Columbae and does not fall into the category of "fowl." Because of their unique nature, these birds require free-flight and are therefore exempt from Animal Enclosure requirements.

Minimum Shelter Requirements: 2 SF per adult bird (shelter shall be 4-sided with a solid floor).

3.

Exotic Animals. Exotic Animals, as defined in Article VIII, and hybrids thereof, are not permitted to be kept within the City limits.

(Ord. No. 503, 12-16-2014)

In addition to the restrictions and requirements for each animal type listed below and in the previous section, all animal owners must adhere to the General Standards identified in Section 28.31.050.

A.

Dogs and Cats. Up to four dogs and 6 cats of at least 6 months of age are permitted by right per dwelling unit in all residential zones (there is no limit for animals under 6 months old). Owners with animals in excess of this number constitute a Private Kennel (as defined in Article VIII). See Section 28.34.020 for more information on Kennels.

B.

Honey Bees. One apiary, consisting of four or fewer hives, is allowed by right in all zones, as long as no apiary is located within 25 feet of any property line without the written consent of the adjacent resident, if any. In the case of multi-unit residential uses, all residents on site must also agree to the location of the apiary. Apiaries in excess of four hives may be allowed by Administrative Permit where all contiguous property owners agree to their placement.

Residency Exception: Honey Bee Raising and Keeping is permitted as a Primary Use in all zones (meaning the lot may be undeveloped except for the hive).

C.

Racing or Homing Pigeons. Up to 25 adult birds are allowed by right as long as their shelter meets standard building setback requirements. Additional birds may be allowed by Administrative Permit with approval of all contiguous property owners.

D.

Small Animals. Up to 100 Small Animals are allowed by right in the AG and RR zones, up to 10 are allowed by right in all other residential zones, and up to 100 may also be allowed by Administrative Permit in the OS zone (if appropriate to the area protected by the zone). Additional animals may be allowed by Administrative Permit with the approval of contiguous property owners.

Exception: The keeping of roosters, guinea fowl, or pea fowl is prohibited on any lot with less than 3 acres due to the potential for loud vocalizations.

E.

Medium Animals. Subject to the conditions of this Subsection, Medium Animals are allowed by right in the AG and RR zones, or in the R1 and OS Zone by Administrative Permit (as noted below).

1.

Enclosure requirements notwithstanding, no lot shall contain more than one medium animal for every 10,000 square feet of gross lot area without Administrative Permit approval.

2.

In the R1 Zone, medium animals may be permitted by Administrative Permit but are limited to no more than four, assuming suitable space can be provided for all animals, and the use and location of the required enclosures are appropriate for the lot and surrounding area.

3.

In the OS Zone, medium animals may be permitted by Administrative Permit if the use is compatible with the area protected by the zone.

4.

Miniature donkeys and mules (due to the potential for loud vocalizations) and unaltered male goats are prohibited on any lot of less than 3 acres, and their enclosures must be kept at least 100 feet away from any off-site residential structure unless the residents of the structure provide their written consent for a smaller setback (which they may rescind at any time).

F.

Large Animals. Subject to the conditions of this Subsection, Large Animals are allowed by right on lots of more than two acres in size within the RR and AG Zones, and may be permitted in the OS zone by Administrative Permit.

1.

For the purposes of meeting the acreage requirement of this Subsection, two or more adjacent lots that are less than two acres in size, but managed as a single property and not separated by a road, may be used to meet the minimum acreage standard.

2.

The keeping of no more than 2 large animals may be approved by Administrative Permit for lots less than two acres when zoned AG or RR where all structures or enclosures meet the setback requirements of the Zone and the keeping of animals is appropriate to the location of the property and its surrounding uses.

3.

Large Animal Raising and Keeping may be permitted by Administrative Permit in the OS zone if the use is compatible with the stated purpose of the zone.

4.

Donkeys and mules (due to the potential for loud vocalizations) prohibited on any lot of less than 3 acres, and their enclosures must be kept at least 100 feet away from any property line unless the residents of the adjacent lot provide their written consent for a smaller setback (which they may rescind at any time).

(Ord. No. 503, 12-16-2014)

Unless otherwise indicated, all Animal Raising and Keeping within the City is subject to the following ongoing conditions:

A.

Occupied Property. Animals may not be kept on a property without an occupied residential structure on site or immediately adjacent to it except as indicated in Section 28.31.020A.

B.

Containment. All animals must be contained within the boundary of the lot, and the size of their enclosure must meet or exceed the minimum requirements indicated in Section 28.31.030. No animal may be left unattended on the lot while tied to any object, and all animal enclosures shall allow the animal access to fresh water at all times.

C.

Shelter. All animals must be provided a suitable shelter as required in section 28.31.030. In the case of fowl and pigeons, the enclosure shall also contain nesting boxes and roosting areas suitable to the breed. Animals must have access to their shelter at all times.

D.

Odor and Vector Control. Pastures, agricultural accessory structures and animal enclosures, including but not limited to pens, coops, cages, barns, corrals, paddocks and feed areas, shall be maintained in a neat and sanitary manner, free from excessive litter, garbage, and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors.

E.

Erosion and Sediment Control. In no case shall any person allow animal keeping to cause significant soil erosion, or to produce sedimentation on any public road, adjacent property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals on the site shall be deemed a nuisance and may be subject to abatement under City Code.

F.

Noise. No animals will be allowed to create a public nuisance, disturbing the peace by frequent or continuous noise of an irritating or raucous nature. If a nuisance is deemed to have occurred it may be subject to abatement as specified in City Code.

G.

Setbacks. Animal shelters, including but not limited to coops, stables, and aviaries, shall meet the setbacks established in the applicable zone district in which they occur, unless otherwise made more restrictive by this section. (see Article IV, Division 1 for standard setbacks required for each zone).

H.

Nuisance. Nothing contained within this Section shall be construed to allow an animal to be kept in such a way or behave in such a way as to constitute a public nuisance (as defined by Article VIII), or a danger to the public health and safety.

I.

Penalties. Violations of this section may be charged as either an infraction or misdemeanor.

(Ord. No. 503, 12-16-2014)