Chula Vista Municipal Code Ch. 6.04 Keeping Pets, Livestock, Birds and Bees

***** For statutory provisions regarding animals running at large, see Agric. Code § 17001, et seq.; for provisions regarding inhumane impounding, see Pen. Code § 597e.

CROSS REFERENCE: Dog Licenses, see Ch. 6.20 CVMC.

For the purpose of this chapter:

A. “Estray” means any impounded or seized bovine animal, horse, mule, sheep, swine, or burro whose owner is unknown or cannot be located. (Ord. 3226 § 1, 2012).

A. No horse, cow or sheep shall be kept or maintained within 100 feet of any dwelling, not including the owner’s.

B. One cow or two sheep may be kept by a family on a single tract of land having a minimum of 15,000 square feet, or two horses on a single tract of land having a minimum of 20,000 square feet therein, and containing not more than one single-family dwelling unit thereon. One additional horse may be kept for each 20,000 square feet over the minimum lot area of 20,000 square feet.

C. Any animals kept as hereinabove provided which are responsible for obnoxious odors, objectionable noise, unusual amounts of flies or unsanitary conditions which affect the peace and welfare of the immediate neighborhood are declared to be public nuisances and may be summarily abated by the City Manager or his or her designee. (Ord. 3226 § 1, 2012; Ord. 2087 § 1, 1984; Ord. 1558 § 1, 1974; Ord. 1365 § 1, 1971; Ord. 774 § 1, 1961; prior code § 4.1(A), (H). Formerly 6.04.010).

Twenty parakeets or similar domestic birds may be kept on a tract of land, providing it has a minimum of 7,000 square feet therein. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.1(G). Formerly 6.04.020).

A. Single-family lots of less than 3,500 square feet and all multiple-family dwellings (i.e., attached apartments, condominiums and/or townhomes): The keeping of any animal other than one dog and one cat, or two dogs or two cats, per dwelling unit is prohibited.

• B. Single-family lots with at least 3,500 square feet but less than 10,000 square feet: The keeping of more than three dogs and three cats is prohibited.

• C. Single-family lots with at least 10,000 square feet but less than 15,000 square feet: The keeping of more than four dogs and four cats is prohibited.

D. Single-family lots with at least 15,000 square feet but less than 20,000 square feet: The keeping of more than five dogs and five cats is prohibited.

• E. Single-family lots of 20,000 square feet or larger: The keeping of more than six dogs and six cats is prohibited.

• F. Nonresidential lots: The keeping of more than three dogs and three cats is prohibited, except as permitted by Chapter 6.08 CVMC for kennels, catteries and pet shops.

G. The City Manager or his/her designee has the authority to waive pet limits on a case-by-case basis up to the total of dogs and cats indicated in this section.

H. For purposes of this section, dogs and cats are animals over six months in age. (Ord. 3226 § 1, 2012; Ord. 2267 § 1, 1988; Ord. 1888 § 1, 1979; Ord. 774 § 1, 1961; prior code § 4.1(C). Formerly 6.04.030).

A. Chinchillas or hamsters may be housed in a basement or garage or in a building attached to the dwelling of their owner, but shall be located a minimum of 50 feet from any other dwelling when housed in a hutch or similar enclosure in a yard.

B. Five pairs of chinchillas or five pairs of hamsters may be kept by one family on a single tract of land having a minimum of 7,000 square feet therein and containing not more than one single-family dwelling unit thereon. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.1(I), (B)).

The keeping of hogs, pigs or other swine, roosters or goats within the City is expressly prohibited:

A. Where the keeping of any such animals was lawfully established and existing in an area thereafter annexed to the City, such keeping may, without enlargement, be continued for a period not to exceed three years after date of annexation of the area wherein contained;

B. Such animals not exceeding two in number may be maintained for bona fide educational purposes upon application of a public or private school to the City Council and approval by the City Council, both as to the type and number of animals to be kept for such purposes and the manner of their keeping.

C. One miniature pig, not exceeding 18 inches at the shoulder or 100 pounds, may be kept per dwelling unit. However, the breeding of miniature pigs, for any and all purposes, is expressly prohibited. Owners of miniature pigs shall comply with the regulations existing in CVMC 6.04.110 (sanitation) and Chapters 6.24 (restraint) and 6.26 (vehicular transport safety) CVMC. In addition to other penal sanctions, an animal control officer or peace officer of the City may, after such notice to the owner as the circumstances permit, seize and remove a miniature pig to an animal shelter. (Ord. 3512 § 1, 2021; Ord. 3226 § 1, 2012; Ord. 2456 § 1, 1991; Ord. 1585 § 1, 1974; Ord. 1514 § 1, 1974; Ord. 774 § 1, 1961; prior code § 4.1(E)).

No person shall possess or maintain within the jurisdiction of the ordinance codified in this section any animal which is not normally domesticated in the United States, including, but not limited to, any lion, tiger, bear, nonhuman primate (monkey, chimpanzee, etc.), wolf, cougar, ocelot, wildcat, skunk, venomous reptile, ratites including ostriches, emus and rheas, rodents attaining an adult weight of over 10 pounds, or any crocodilian (order Crocodilia), irrespective of its actual or asserted state of docility, tameness or domesticity. Such an animal shall be referred to as a “wild animal.” In addition, the owner of any boa or python species (family Boidae) attaining an adult weight of over 15 pounds or an overall length of over three and one-half feet, and the owner of any monitor lizard species (family Varanidae) that attains an adult weight of over 10 pounds or an adult overall length over three feet, shall keep these animals in cages or enclosures of such size and construction as to preclude the possibility of escape and at the same time permit the animals reasonable freedom of movement. If these animals are maintained in such a manner, and the owner complies with all federal, state and local laws or regulations affecting such animals, it will not be considered a “wild animal” subject to this section. However, any failure to maintain a boa, python or monitor lizard species in the above manner could subject the owner to a dangerous animal abatement proceeding as authorized by this chapter.

The sale, possession for sale, importation or breeding of a wild animal is absolutely prohibited. This section does not apply to birds, small rodents or nonvenomous reptiles commonly used for educational or experimental purposes or for pets.

This section shall not apply to legally operated zoos or circuses or to recognized institutions of learning or scientific research unless the City Manager or his or her designee gives 48 hours’ advance notice that, by reason of inadequate caging or other means of protection of the public from such animals, or by the ineffectiveness of sanitation measures, or by a particular hazard connected with the animal or animals involved, the public health and welfare will be endangered. It is further provided that certain raptorial birds or birds of prey, such as hawks and falcons, may be maintained in the City by licensed falconers, who may acquire a qualified ownership of such birds of prey for the practice of falconry by complying with Fish and Game Commission rules and regulations. (Ord. 3234 § 1, 2012; Ord. 3226 § 1, 2012; Ord. 1792 § 1, 1978; Ord. 1585 § 1, 1974; Ord. 1514 § 1, 1974; Ord. 774 § 1, 1961; prior code § 4.1(F)).

Six rabbits, six chickens, two turkeys, two ducks, two geese, 10 pigeons (all breeds) or any combination not to exceed a maximum of 25 animals may be kept by one family on a tract of land, providing it has a minimum of 7,000 square feet therein and contains not more than one single-family dwelling unit thereon; provided, however, that the total number of all fowls and rabbits shall not exceed 25. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.6(A)).

Rabbits and fowl shall be kept or maintained within a building or fenced enclosure in the rear yard, as defined by the zoning ordinance of the City, and shall be not less than 50 feet from any residence, not including the owner’s, and not less than five feet from any property line adjacent to the owner’s property. The provisions of this section shall not apply to parakeets, canaries and similar birds. (Ord. 3226 § 1, 2012; Ord. 1639 § 1, 1975; Ord. 774 § 1, 1961; prior code § 4.6(B)).

It is unlawful for any owner or occupant to allow, permit or maintain stands or hives of bees in or upon the owner’s or occupant’s premises if the premises are within 600 feet of any building used for residential purposes in the City; provided, however, that nothing contained in this section shall be deemed or construed to prohibit the keeping of bees:

• A. In a hive or box located in a schoolhouse or museum for the purpose of study or observation;

B. In a hive or box located and kept within a physician’s office or laboratory for medical research, medical treatment or scientific purposes;

C. In a hive or box located on residential property for scientific research or study purposes, when maintained in such a manner as to prevent a nuisance or annoyance to surrounding property owners. (Ord. 3226 § 1, 2012; Ord. 1030 § 1; prior code § 4.11.3).

A. All dead birds or animals or skins shall be kept in tight containers and removed from the premises at least every seven days.

B. All stables, houses, pens, coops, hutches, runways, corrals and yards shall be maintained in a clean and sanitary condition. They shall be cleaned two times a week or more often if, in the opinion of the City Manager or his or her designee, it is deemed necessary to prevent an unsanitary condition, and shall at all times be free from offensive odors.

• C. All stables, houses, coops and hutches shall be lime-washed or painted at least twice a year.

D. The floors of every building or coop where birds are kept shall be smooth and tight and be maintained to prevent an accumulation of filth and water or harboring of rodents.

E. If runs are provided, and the ground cannot be kept in a clean and sanitary condition at all times as required by the City Manager or his or her designee, then said runs or pens shall have floors constructed of concrete.

F. Rabbits, chinchillas and hamsters shall be kept in hutches or cages provided with floors for the purpose of cleaning and disinfecting.

G. All animal, fowl and rabbit droppings and food scraps shall be removed from the premises at least twice a week or more frequently if, in the opinion of the City Manager or his or her designee, it is necessary to prevent an unsanitary condition.

H. All food for animals, birds, fowl and rabbits, except hay and straw, shall be stored in containers that offer protection against rodents.

I. No person shall keep or store any fertilizing material except in containers, bins or rooms which are fly-tight, dust-proof, and ventilated in such a manner as to prevent the fertilizer material from becoming a harbor for rodents, or a breeding place for flies.

J. No manure, animal excreta or stable refuse shall be transported except in a vehicle effectively covered to prevent the contents from being dropped, which vehicle shall have been approved for such transportation by the City Manager or his or her designee. No person shall permit manure, animal excreta or stable refuse to be dropped on any street or public property while being transported in the City. No person shall keep or store manure, animal excreta or stable refuse unless the same shall have been treated with a larvicide satisfactory to the City Manager or his or her designee. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.7).

It is unlawful for any person who possesses, maintains or has custody of any reptiles, such as snakes, lizards or alligators, to carry, guide, direct or in any way convey such animal upon the public streets, sidewalks, public rightsof-way, public parks or any other public area or upon the property of another without express written permission of the property owner thereof. Any such animals found in the possession, maintenance or custody of persons in the areas defined in this section may forthwith be taken into the custody of the Animal Regulation Officer or peace officers of the City and held in custody until such time as the judiciary shall have determined the disposition thereof. (Ord. 3226 § 1, 2012; Ord. 1896 § 1, 1980. Formerly 6.04.111).

The required holding period for an estray animal impounded pursuant to this title shall be 14 days, not including the day of impoundment. (Ord. 3226 § 1, 2012).