Belmont Municipal Code Art. IV Regulation of Pygmy Goats

(a) The purposes of this article are to preserve the health and safety of the people by regulating pygmy goats of the genus Capra hircus, in single-family residential zones, and to control and abate nuisance activities arising out of the keeping and maintaining of pygmy goats.

(b) The city council intends that provisions of this article shall take force and effect as provided herein despite any claims of grandfathered rights under traditional zoning laws.

(c) This article is adopted under the city's general police power to protect the public health and safety.

(Ord. No. 1011, § 2, 12-13-05)

As used herein, the following words shall have the meanings shown.

"Pygmy goat" means an animal of the genus and species Capra hircus.

(Ord. No. 1011, § 2, 12-13-05)

The city council finds that regulation of pygmy goats is necessary to protect the public health and safety of city residents and visitors, as evidenced by the following facts.

Staff has received inquiries about the keeping of pygmy goats in residential districts. According to Article II of Chapter 5 (Animals and Fowl) of the Belmont City Code, pygmy goats are considered livestock such as horses, cows, sheep, llamas and full-size goats. The minimum lot area upon which no more than two (2) livestock animals may be kept is one (1) acre. However, pygmy goats are smaller than other breeds of livestock and typically owned as pets. Pygmy goats range in height from fifteen (15) inches to seventeen (17) inches at the shoulders and range in weight from eight (8) to thirty-six (36) pounds. They are native to Africa and were initially raised for meat, but are typically considered pets in the United States.

Regulation of keeping and maintaining pygmy goats within the city is necessary to protect the public health and safety of residents and visitors and to reduce or eliminate potential nuisances. Because of the health and sanitation risks associated with keeping and maintaining pygmy goats, this article shall take force and effect on the dates provided herein despite any claims of grandfathered rights under traditional zoning laws.

Although pygmy goats are considered easier to maintain and substantially cleaner than typical livestock animals, it is common knowledge that unaltered male goats produce a musky, offensive odor to attract female goats. Goat manure may also cause offensive odors. In addition, braying from goats may cause noise nuisances to neighboring residents.

(Ord. No. 1011, § 2, 12-13-05)

(a) It shall be unlawful for any person to keep or maintain a pygmy goat anywhere in the city, except as provided in this article.

(b) It shall be unlawful to keep and maintain an unaltered male pygmy goat in any zoning district in the City of Belmont.

(Ord. No. 1011, § 2, 12-13-05)

(a) Up to two (2) altered male or female pygmy goats shall be permitted in the following zoning districts: R-1E, R-1H, R-1A, R-1B, HRO-1, HRO-2, HRO-3 and A, provided they are contained in appropriate pens or fenced in areas properly sized and constructed, and the area and animals are maintained in a clean, odor-free condition. All pygmy goats shall have their horn buds removed.

(b) Any person keeping or maintaining a pygmy goat in areas provided for in subsection 5.54(a) must obtain a permit in writing from the community development department.

(c) Every application for a permit to keep and maintain pygmy goats shall be made upon forms to be furnished for that purpose by the planning division, signed by the applicant and filed with the planning division. No such application shall be received for filing by the planning division unless accompanied by a filing fee set forth in the master fee schedule.

(d) The community development department shall deny the granting of a pygmy goat permit unless it finds that all criteria set forth in this article have been met and that such use is not detrimental to the health, safety and welfare of the applicants and adjoining residents and property owners.

(e) Nothing herein shall authorize the issuing of a permit to keep or maintain pygmy goats for breeding, market or commercial purposes in any zone or in violation of any other ordinance of the City of Belmont.

(f) A required condition of approval for a pygmy goat permit shall be a requirement that the permittee maintain an area housing the animal(s) in accordance with the requirements of this article.

(g) The number of pygmy goat permits issued each calendar year shall not exceed twenty (20).

(h) The community development department may impose such conditions on the granting of a permit as are reasonably necessary to carry out the purposes of this article.

(i) A pygmy goat permit shall not be approved for any applicant, nor shall a pygmy goat permit be approved at a location where the property owner, a tenant or lessee, has actions pending as provided in either (1) or (2) listed below. Further, an approved pygmy goat permit shall be revoked for an applicant or location for either of (1) or (2) listed below.

(1) Any combination of two (2) or more outstanding citations of the City of Belmont City Code, or adjudicated citations found in favor of the City of Belmont by a court of competent jurisdiction, issued within the twelve (12) months preceding the date of the pygmy goat permit application and directly or indirectly related to, or similar to, any property, event, activity or use for which the pygmy goat permit application is proposed; or,

(2) The individual listed as the applicant on the pygmy goat permit application has, or where the property owner, a tenant or lessee, of the property listed on the pygmy goat permit application as the intended site of the keeping and maintaining pygmy goats, has a City Code violation(s) being processed by the City of Belmont or pending before a court of competent jurisdiction and directly or indirectly related to, or similar to, any property, event, activity or use for which the pygmy goat permit application is proposed.

(Ord. No. 1011, § 2, 12-13-05)

(a) Each person keeping or maintaining pygmy goats in the City of Belmont shall maintain a pen and an enclosure. Both the pen and enclosure must be maintained in a sanitary condition at all times. Each person keeping or maintaining such pygmy goats shall scrape and clean the pen and enclosure and remove food scraps not less than two (2) times each week, and shall dispose of all food scraps in a sanitary manner.

(b) Pygmy goat pens and enclosures shall be constructed in such manner as to preclude the attraction of rodents.

(c) All feed for such pygmy goats shall be stored in containers that offer protection against rodents.

(d) No person shall keep or maintain more than two (2) pygmy goats within ten (10) feet of any adjacent property line, unless written consent of the property owner and occupant of adjacent property allows a variance in the ten (10) foot setback. A new letter of authorization must be obtained from any subsequent property owner or occupant for the subject adjacent property.

(e) Pygmy goat pens shall consist of a minimum one hundred (100) square feet of land area and may include the pygmy goat enclosure. The pen shall be of a size sufficient to house the number of pygmy goats contemplated. The pen should include a solid fence no less than five (5) feet in height.

(f) Pygmy goat enclosures shall be of a size sufficient to house the number of pygmy goats contemplated. In no case shall there be more than one (1) pygmy goat per twenty (20) square feet of enclosure area. Any enclosure that requires a building permit must be permitted prior to construction.

(g) All pygmy goats shall be fed within the confines of the enclosure.

(h) All pygmy goats shall be kept inside the enclosure at night.

(Ord. No. 1011, § 2, 12-13-05)

(a) Each violation of this article is an infraction, punishable as set forth in Section 17 of the Belmont Zoning Ordinance.

(b) Violation of this article also constitutes a public nuisance, which may be abated in accordance with the provisions of Article XI of Chapter 7 of the Belmont City Code.

(Ord. No. 1011, § 2, 12-13-05)

An aggrieved party may appeal to the city council from a decision of the community development director under this article. The appeal shall be heard in accordance with the procedures set forth in Section 15 of the Belmont Zoning Ordinance. The city council may affirm, overrule, or modify the revocation, denial or suspension.

(Ord. No. 1011, § 2, 12-13-05)

Whenever any pets shall appear to have any communicable disease, the San Mateo County Health Department shall be notified immediately of such condition with such information as may be necessary and such pets shall be immediately isolated from healthy animals. No diseased pygmy goats shall be sold or given away, nor shall they be otherwise disposed of except in the manner authorized by the health officer. A health officer may seize or impound a pygmy goat based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health and safety of others, any such seizure or impoundment shall be consistent with the requirements stated in Penal Code Sections 597.1, 597f, 599d, and 599e.

(Ord. No. 1011, § 2, 12-13-05)

(a) Any use of real property existing on the effective date of this article that does not conform to the provisions of this article, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued or terminated as stated in this section.

(b) Because of the health and sanitation risks associated with keeping or maintaining pygmy goats, all non-conforming uses must meet the requirements stated in section 5-54 and 5-55, effective by February 9, 2006, unless an extension is granted by the community development director if a good faith effort towards compliance is made to the satisfaction of the community development director.

(c) This section (section 5-59) shall be repealed as of January 1, 2007.

(Ord. No. 1011, § 2, 12-13-05)