Corning Municipal Code Ch. 6.12 Keeping of Animals and Fowl

As used in this chapter:

"Birds." Birds are divided into two groups:

Group 1. Includes budgerigars, canaries, cockatiels, doves, English parakeets, finches, homing pigeons, kakarikis, lovebirds, rosellas, quail, and African, Australian, New Zealand, and South American parakeets and parrotlets.

Group 2. Includes all birds not included in Group 1. "Poultry and fowl" means all of the larger domestic birds used as food, including chickens, turkeys, geese, ducks, and commercial squabs; plus swans, guinea fowl, peacocks, ostrich, emu and rheas.

(Ord. 552 (part), 1995).

The following chapter is adopted by the city for the purpose of preserving the health, safety and welfare of the citizens of the city, to prevent nuisances and to avoid the creation of unsanitary conditions within the city.

(Ord. 261 §1, 1971).

A. A permit shall be required in order for any person to keep birds outside of residential structures in all zones except agricultural districts within the city of Corning. No more than four birds of each species, nor more than twenty birds (in the aggregate of all species) that fall within Group 2 shall be permitted on an individual piece of property within the city. Young of the year, still dependent on their parents, are exempt. The total combination of all birds from Group 1 and Group 2 shall not exceed one hundred seventy-five birds on an individual piece of property within the city.

B. It is unlawful for any person to suffer or permit any bird owned or controlled by him, to roam at large or go upon the premises of any other person in the city. A violation hereof shall be considered an infraction punishable as provided in Chapter 1.08 of this code.

C. Bird houses and cages shall not exceed ten feet in height and no bird house or cage shall be placed within twenty-five feet of any dwelling not occupied by the keeper of birds. Bird houses and cages shall not be placed within three feet of any property line. No bird house, cage or coop shall be kept upon a street, alley, or premises other than the owner's premises except with the consent of the person or entity having right or title therein.

D. All bird houses and cages shall be constructed so that they are rat-proof, and all coops or buildings where birds are housed shall be white-washed or sprayed with some standard disinfectant, approved for such use, at least three times yearly. All droppings under roosts shall be cleaned out at least once every two weeks.

E. All bird houses, cages, runways, and surrounding area where birds are kept shall be maintained in a clean and sanitary condition.

(Ord. 552 (part), 1995).

Animals or poultry or fowl, other than cats or dogs, or pets which are kept within a residential structure, shall be permitted within the city only in agricultural districts, as defined in Title 17 of this code, except that a permit may be issued as herein provided to keep animals or poultry or fowl, regardless of zoning district, where:

A. There are not less than five acres of ground, exclusive of buildings, available for the keeping of such animals or poultry or fowl; or

B. A parcel was annexed to the city after January 1, 1971 with animals on the premises in legal accordance with then existing Tehama County laws, and such animals have not been totally absent from said premises for more than six consecutive months.

(Ord. 552 (part), 1995; Ord. 438 §1, 1986: Ord. 261 §2, 1971).

A. A permit to keep animals, poultry or fowl shall be issued by the city clerk, without fee, upon determination that a property meets the acreage or annexation requirements described in Section 6.12.020.

B. A permit to keep birds shall be issued by the city clerk, without fee, upon determination that the requirements of Section.6.12.015 have been met.

C. In any case where there is a substantial question as to the acreage of a parcel for which a permit to keep animals or poultry or fowl is requested, the city clerk may require that the applicant submit proof satisfactory to the clerk as to the acreage.

D. Any permit shall be accompanied by a copy of this chapter, and shall contain a statement signed by the permittee that a copy of this chapter has been received and read.

(Ord. 552 (part), 1995; Ord. 438 §2, 1986: Ord. 261 §3, 1971).

No permit to keep animals shall be issued for the keeping of any hog or pig within the city limits, nor shall a permit be issued to keep any sheep, goat, horse, bull or cow within fifty feet of a residence or occupied structure, or to keep fowl within thirty feet of any residence or occupied structure.

(Ord. 438 §3, 1986: Ord. 261 §4, 1971).

A. In the event the city receives any written complaint arising out of the issuance of a permit for the keeping of animals or poultry or fowl or birds, the city council shall forthwith give notice of a public hearing to be held upon the question of revocation of the permit. the complainant shall pay the expense of publishing such notice of hearing, which shall be held at the next city council meeting following five or more days after the publication of notice of hearing. the notice of hearing shall be given once by publishing in a newspaper of general circulation, published in the city.

B. At the public hearing, upon the question of revoking the permit, the city council shall consider such objections as have been filed in writing, and may likewise consider oral arguments in favor or opposed to the revocation of the permit. The decision of the city council as to the revocation or nonrevocation of the permit shall be final, except for such judicial remedies as the concerned parties may have.

C. Should the city council determine that a permit should be revoked, notice of such revocation shall be given to the holder of the permit; and the use shall be terminated within fourteen days thereafter; except, if the use constitutes a nuisance, either public or private, or is a use which has created a problem of sanitation, endangering the health of any person or persons, then the use shall be terminated forthwith.

(Ord. 552 (part), 1995; Ord. 438 §4, 1986: Ord. 261 §5, 1971).

The notice provided for by Section 6.12.050 of this chapter for the revocation of a permit shall be given in writing and may be given to the owner of the animals or poultry or fowl or birds by delivery to the owner or to any occupant of the premises where the animals or birds are kept, or if no such person can be found on the premises, then by posting a notice thereon. The failure to comply with the notice of revocation of the permit, and the failure to remove the animals or poultry or fowl or birds from the premises within the time provided by the notice, authorizes the animal control officer of the city to enter upon the premises and remove therefrom the animal or animals and to place them in a place of safekeeping, at the expense of the owner of the animals. Such expense of safekeeping shall be paid by the owner before the animals or poultry or fowl or birds may be released and in no event shall they be returned to the city without the owner first obtaining a permit to do so.

(Ord. 552 (part), 1995; Ord. 438 §5, 1986: Ord. 261 §7, 1971).

The enforcement of this chapter is vested in all of the officers and employees of the city. In addition to other remedies, the city attorney, in the name of and in behalf of the city, may institute appropriate actions or proceedings in any court of competent jurisdiction to restrain or abate violations of the provisions of this chapter.

(Ord. 552 (part), 1995; Ord. 261 §8, 1971).