Daly City Municipal Code Ch. 6.12 Horse Stables

Footnotes:

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Note— Formerly Chapter 6.40. See editor's note at Title 6.

For the purpose of this chapter certain words and phrases are defined as follows:

A. "Animal control agency" means that section of the local government, or its designated contract agent, which is specifically charged with regulation and enforcement of laws dealing with animals in its jurisdiction.

B. "Animal control officer" means any animal control officer, humane officer, or other officer employed by animal control agency whose duties relate to the enforcement of this chapter.

C. "Boarding stable" means a stable operated for the boarding of horses.

D. "Commercial stable" means a stable operated for the hire and training of horses that are owned either by persons other than the operator of the stable or by the operator of the stable.

E. "Corral" means a confined area where there is no natural feed cover.

F. "Horse" means any member of the horse family, including donkeys, mules and ponies.

G. "Horse stable" means a structure where horses are lodged or fed.

H. "Pasture" means a fenced and managed grazing area with a continuing ground cover of grasses, legumes and other forage plants.

(Ord. No. 1470, § 5, 2-12-2024)

No horse shall be kept within the city for more than thirty days in any one calendar year without first obtaining a revokable permit therefor pursuant to the requirements of this chapter. Such revokable permits shall be issuable on any business day of the year and shall expire twelve months thereafter. Permits shall be renewable annually upon payment of the required annual fee unless evidence of violation has been received by the director of finance, or such permit has been previously revoked.

(Ord. No. 1470, § 5, 2-12-2024)

Fees for permits required under this chapter shall be fixed by resolution of the city council.

(Ord. No. 1470, § 5, 2-12-2024)

A penalty equal to the regular fee and an additional charge shall be levied when a permit is issued under the following circumstances:

A. After revocation of a previously issued permit to accomplish its reinstatement;

B. After horses have been maintained without a permit;

C. After horses have been maintained in excess of the number authorized;

D. After operation of a commercial stable without a permit.

(Ord. No. 1470, § 5, 2-12-2024)

Each application for a new horsekeeping permit or modification of an existing horsekeeping permit shall be made by the property owner or lessee, or the operator of a boarding or commercial stable, to the director of finance on a form provided for such purpose. Such application shall provide the following information:

A. Full name and address of applicant;

B. Location of premises upon which it is proposed to keep such horses;

C. The number of horses proposed to be kept on such premises;

D. An accurate plot plan showing the following:

1. The layout of the existing or proposed stable, corral or pasture and other structures on the same parcel,

2. Detailed drawings of existing or proposed buildings and fences,

3. Topographic information adequate to establish the average percent of grade of the corral area and to indicate the general topography and direction of drainage of the entire portion of the parcel devoted to horses. The source of topographic information shall be given on the plot plan,

4. Location of sewage disposal system if within the area to be devoted to horses and a statement of the proposed drainage and sewage disposal system,

5. Scale of the drawing,

6. Name, address and telephone number of the person who prepared the plan,

7. Distance from corral to nearest neighboring house,

8. Location of the neighboring house within five hundred feet of the exterior boundaries of the property upon which the stable is or is proposed to be located;

E. In addition, commercial or boarding stable shall provide the following:

1. A complete description of the manner of operation including all activities and services to be provided, number of stalls and other facilities to be utilized by the commercial or boarding establishment,

2. A description of the specific method of disposing of manure,

3. A statement of the experience and qualifications of the applicant and the form of business organization;

F. In any event, there shall be no violation of trail easements and right-of-way.

(Ord. No. 1470, § 5, 2-12-2024)

Prior to the issuance of any stable permit the animal control officer or his representative or any duly authorized representative of the city shall make or have caused to be made an inspection of the premises to verify that the proposed use will be in conformity with the conditions and requirements of this chapter.

(Ord. No. 1470, § 5, 2-12-2024)

If, in the opinion of the director of finance, it appears that the requirements of this chapter and other applicable city ordinances will be met, a permit shall be issued as provided in this chapter.

(Ord. No. 1470, § 5, 2-12-2024)

If the director of finance denies any permit applied for under the terms of this chapter, the applicant may appeal said decision to the city council. Such appeal must be made in writing to the city council within fifteen days of the date the director of finance sends to the applicant the letter of denial.

(Ord. No. 1470, § 5, 2-12-2024)

Transfer of a permit to a new occupant, owner, lessee or operator shall be considered a modification of an existing horsekeeping permit. If a plot plan is available from the previous owner's application, it may be used by the new occupant after being brought up to date with respect to any changes in structures or fences.

(Ord. No. 1470, § 5, 2-12-2024)

Any permit granted hereunder shall be subject to revocation or suspension by the city council for failure to comply with the provisions of this chapter. The following procedures shall be observed: The director of finance shall serve a notice in writing on the permit holder at the address on the permit application specifying the grounds why the permit shall be revoked or suspended, and the date said permit shall be deemed suspended or revoked, unless an appeal is made to the city council. On or before the date set forth in the written notice to the permit holder by the director of finance, the permit holder may appeal the revocation or suspension by notice, in writing, filed with the city clerk and the director of finance. The city clerk shall set the matter for hearing before the city council not less than thirty days nor more than sixty days after receipt of the appeal. The city clerk shall mail notice, in writing, of the date of said hearing to the permit holder not less than twenty days before the date of the hearing. At the hearing the charges shall be specified and evidence and testimony, whether under oath or not, shall be received.

The city council may affirm, modify or overrule the decision of the director of finance.

(Ord. No. 1470, § 5, 2-12-2024)

The city council shall have the right to modify the strict application of this chapter where there are extraordinary conditions affecting the property of the applicant. In such cases, the applicant shall request in writing a public hearing before the city council and if, after such public hearing, the city council finds that by following the strict letter of this chapter, unnecessary or extraordinary hardships or damages will be imposed upon the applicant, then any of the provisions or regulations hereof may be modified in harmony with the general purpose and objectives hereof to the end that the public health, safety and welfare may be secured.

(Ord. No. 1470, § 5, 2-12-2024)

Horses may be maintained subject to the following general requirements:

A. The minimum parcel area upon which any horse may be kept shall be one-half acre, and two horses may be kept on such a parcel. Two additional horses may be kept on each one-half acre in addition to the one-half minimum.

B. A corral shall be maintained on each parcel for which a horsekeeping permit is issued.

C. For each horse there shall be a minimum of two hundred square feet of corral and stall area with a level area sufficient for the horse to stand on.

D. The maximum size for a single corral shall be two thousand five hundred square feet. The total area of corrals on one parcel shall not exceed four thousand square feet unless the parcel is larger than three acres, in which event corral area may be increased in the ratio of one thousand square feet per each acre in the parcel in excess of three acres.

E. The minimum distance from a corral to a neighboring property line or street right-of-way shall be twenty feet.

F. The minimum distance of a stable from a neighboring house existing at the time of issuance of the original permit shall be one hundred feet.

G. The minimum distance of a stable from any neighboring property line shall be forty feet.

H. The minimum distance of the stables from the residence on the same lot shall be forty feet.

I. The minimum distance of a stable from any street right-of-way or front property line shall be fifty feet.

J. Corrals and/or stables shall not be placed over septic tank drainfields.

K. Horses shall be kept primarily in corrals and stables. They may be kept on pasture when it does not result in excessive compaction of the soil or overgrazing.

L. The minimum size of each stall shall be at least ten feet by ten feet but in no event, shall the size of the stall cause injury, discomfort or create safety problems for the horse.

M. Any private horse stable which does not conform to the subsections (A) through (L) of this section, but which was in operation prior to July 1, 1980, shall be regarded as nonconforming and may be continued until April 30, 1983, at which time it shall comply with the provisions of this chapter. No nonconforming private horse stable shall increase the number of horses boarded as of July 1, 1980, nor shall any building, structure or corral be altered or reconstructed unless the same when altered or reconstructed will conform to all the requirements of this chapter. In any event, a nonconforming private horse stable shall conform to all other provisions of this chapter.

(Ord. No. 1470, § 5, 2-12-2024)

Conditions and Requirements. Commercial stables as defined in Section 6.12.010 shall be permitted only on sites where a conditional use permit has been granted by the planning commission. In acting on any conditional use permit for a commercial stable, the planning commission may impose such conditions as are necessary to secure the objectives of this chapter. In addition to the general requirements of this chapter and any conditions imposed in approving the conditional use permit, each commercial stable shall conform to the following requirements:

A. Minimum parcel size shall be five acres. A separate corral or stall shall be provided for each horse.

B. A stable shall not be located closer than two hundred feet from the nearest neighboring dwelling existing at the date of issuance of the permit.

C. A stable shall not be located less than one hundred feet from the neighboring property line or street line.

D. The minimum distance from a corral to the nearest neighboring property line or street line shall be fifty feet.

E. The number of horses permitted to be kept or maintained at any establishment shall be as fixed by the terms of the conditional use permit, but shall not exceed five horses per acre.

F. Any commercial stable which does not conform to subsections (A) through (E) of this section, but which was in operation prior to July 1, 1980, shall be regarded as nonconforming and may be continued until April 30, 1983. No nonconforming commercial stable shall increase the number of horses available for hire or training as of July 1, 1980, nor shall any building, structure or corral be altered or reconstructed unless the same when so altered or reconstructed will conform to all the requirements of this chapter. In any event a nonconforming commercial stable shall conform to all other provisions of this chapter.

G. The facilities for maintenance of horses shall be reviewed by the animal control officer to ascertain compliance with proper horsekeeping standards.

H. The premises shall be under the full time supervision of an attendant.

I. The operator of the establishment shall have facilities for and a method of disposal of manure in a manner that will insure no offensive, obnoxious or unsanitary conditions will develop.

J. The total area of corrals shall be established by conditional use permit and the planning commission and city council shall use the provisions of Section 6.12.120, subsections (A) through (L), as guidelines for the issuance of such conditional use permit.

(Ord. No. 1470, § 5, 2-12-2024)

Conditions and Requirements. Boarding stables as defined in Section 6.12.010 shall be permitted only on sites where a conditional use permit has been granted by the planning commission. In acting on any conditional use permit for a boarding stable, the planning commission may impose such conditions as are necessary to secure the objectives of this chapter. In addition to the general requirements of this chapter and any conditions imposed in approving the conditional use permit, each boarding stable shall conform to the following requirements:

A. Minimum parcel size shall be five acres. A separate corral or stall shall be provided for each horse.

B. A stable shall not be located closer than two hundred feet from the nearest neighboring dwelling existing at the date of issuance of the permit.

C. A stable shall not be located less than one hundred feet from the neighboring property line or street line.

D. The minimum distance from a corral to the nearest neighboring property line or street line shall be fifty feet.

E. The number of horses permitted to be kept or maintained at any establishment shall be as fixed by the terms of the conditional use permit, but shall not exceed five horses per acre.

F. Any boarding stable which does not conform to the provisions of subsections (A) through (E), but which was in operation prior to July 1, 1980, shall be regarded as nonconforming and may be continued until April 30, 1983 at which time it shall comply with the provisions of this chapter. No nonconforming boarding stable shall increase the number of horses boarded as of July 1, 1980, nor shall any building, structure or corral be altered or reconstructed, unless the same when altered or reconstructed will conform to all the requirements of this chapter. In any event, a nonconforming boarding stable shall conform to all other provisions of this chapter.

G. The facilities for maintenance of horses shall be reviewed by the animal control officer to ascertain compliance with proper horsekeeping standards.

H. The premises shall be under the full time supervision of an attendant.

I. The operator of the establishment shall have facilities for and a method of disposal of manure in a manner that will insure no offensive, obnoxious or unsanitary conditions will develop.

J. The total area of corrals shall be established by a conditional use permit and the planning commission and the city council shall use the provisions of Section 6.12.120, subsections (A) through (L), as guidelines for the issuance of such conditional use permit.

(Ord. No. 1470, § 5, 2-12-2024)

A. If a horse stable is operated for the hire and training of horses and for the boarding of horses it shall be deemed a commercial stable as set forth in this chapter.

B. The No. 1-A District Agricultural Association of the State Of California (Cow Palace) shall be deemed a special type of stable use and shall be subject to the following provisions of this chapter:

1. Section 6.12.130, subsections (G) and (I);

2. Section 6.12.170, subsections (C), (D), (E) and (F);

3. All of Sections 6.12.180, 6.12.190, 6.12.200, 6.12.210, 6.12.220, 6.12.230 and 6.12.240.

(Ord. No. 1470, § 5, 2-12-2024)

Whenever a nonconforming use is allowed under this chapter, and said nonconforming use has been discontinued or abandoned for a continuous period of six months, such use shall not be reestablished and the further use of the land or building shall conform with the requirements of this chapter.

(Ord. No. 1470, § 5, 2-12-2024)

A. All facilities for the maintenance of horses shall be in conformance with the Uniform Building Code, Uniform Plumbing Code, Mechanical Code, Electrical Code and Fire Protection Code of Daly City.

B. Construction of stables and shelters shall require a building permit which shall be applied for pursuant to the Uniform Building Code.

C. All corrals and pastures shall be enclosed by a substantial fence capable of preventing any animal from running loose.

D. All fastening hardware, locks, latches, etc., shall be capable of holding all gates in a closed position.

E. Every parcel of land upon which horses are maintained shall be well drained. The surface of all corrals and pastures shall be graded so as to prevent the accumulation of storm or casual waters.

F. In the event manure is not removed at least every five days, then each stable shall contain a fly-tight metal or reinforced concrete manure bin.

(Ord. No. 1470, § 5, 2-12-2024)

A. Corrals shall be kept in a clean and sanitary manner and shall be thoroughly cleaned once a week. Under no circumstances shall manure be left in the corral furnishing a breeding place for flies and other insects.

B. All buildings shall be cleaned and shall be treated, as necessary, by appropriate methods of fly and insect control to prevent flies and other insects from becoming a nuisance.

C. All buildings, premises and conveyances must be free of glass, wire or other material that might cause injury to horses.

D. Stalls must contain bedding or straw or other absorbent materials, shall be cleaned daily, be well ventilated and of adequate size so that horses contained therein shall have room to comfortably stand up and lie down.

E. All water troughs and containers must contain fresh water and be kept clean. Any mud, slime or moss on or in the water shall be evidence that the containers are unfit for use.

F. All standing areas must be free of manure and excessive mud which would undermine hoof health.

G. Hay must be stored under a shelter and grains in rodent proof containers. When horses are fed outdoors, hay must be in a hay rack off the ground.

(Ord. No. 1470, § 5, 2-12-2024)

A. Fresh feed shall be offered to each horse at least once daily, of sufficient amount to insure optimum weight maintenance. Horses shall have free access to a salt lick daily, or coarse grandular salt added to grain ration.

B. Clean water shall be available at all times horses are not at work, including night hours. After hire, a horse must be walked until completely cool, then offered water before being ridden again.

C. Horses shall be properly shod or feet trimmed at all times. Horses shall not be worked shoeless unless they work exclusively on soft ground. Evidence of hoof cracking, extreme spreading or curling shall be prima facie evidence of violation of this section.

D. Horses shall be groomed regularly and kept clean and free of mud, dried sweat, caked dirt and manure, particularly in areas of contact with saddles, harness or other tack. Flies must be adequately controlled.

E. No horse shall be overridden or driven to result in overheating or signs of exhaustion.

(Ord. No. 1470, § 5, 2-12-2024)

A. All premises for which permits are issued shall be subject to inspection by the county health officer, the animal control officer or the city fire marshal, building inspector or any other duly authorized representative of the city and by application for such permit the applicant or permit holder consents to such entry in the following:

1. To determine whether or not a new horsekeeping permit shall be issued;

2. To determine whether or not an existing horse-keeping permit shall be renewed;

3. To investigate complaints of violation of this chapter;

4. As a follow up on any of the above inspections and said prior inspection has revealed noncompliance or violation of this chapter.

(Ord. No. 1470, § 5, 2-12-2024)

A. Housing facilities for horses shall be structurally sound and shall be maintained in good repair to protect the horse from injury, to contain the horses and to restrict the entrance of other animals.

B. All horses shall be so maintained as to eliminate, so far as reasonably possible, all excessive and nighttime noise.

C. Every reasonable precaution shall be used to insure that horses are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

D. No condition shall be maintained or permitted that is or could be injurious to the horses.

E. Where horses are required by this chapter or any permit to be contained within a building or enclosure, the same shall be so constructed and maintained as to prevent escape of such horses. All reasonable precaution shall be taken to protect the public from the horses and the horses from the public.

F. Every person required to have a permit to maintain a horse under this chapter shall isolate sick horses sufficiently so as not to endanger the health of other horses. Sick horses shall at all times be isolated from the other horses.

G. Buildings or enclosures wherein horses are maintained shall be constructed of materials easily cleaned and shall be properly ventilated to prevent drafts and remove odor. Heating and cooling shall be provided where reasonably necessary and required according to the physical needs of the horse. Buildings shall have sufficient light to allow observation of horses and sanitation.

H. No horse which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit shall be worked, used or rented.

I. No horse shall be displayed bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.

J. No horse shall be maintained so that it will become a hazard or menace to the health, peace, safety or welfare of the community.

K. Commercial and boarding stables shall keep the following documents on record:

1. The name or identity of the horse rode and the date and time of riding;

2. The full name and address of the owner of each horse lodged or fed;

3. Certificates of mechanical lameness; and

4. Any veterinarian certificates for any horses whether ordered or not by the animal control agency or its designated representative.

(Ord. No. 1470, § 5, 2-12-2024)

A. It shall be the responsibility of the animal control agency or the animal control officer or their representatives or the city or its representatives to enforce the provisions of this chapter.

B. Responsibility for enforcement shall include the authority to order the following at any time:

1. A horse's immediate discharge from work when it has not been properly cared for under the requirements of this chapter;

a. In such a case, the horse is not to be worked again until:

i. A certificate is obtained from a state licensed veterinarian certifying that the condition has been corrected and stating that the horse is in sound working condition,

ii. The certificate is verified by the animal control agency,

iii. The animal control agency approves the improved condition and gives clearance for the horse to return to work within twenty-four hours from the time the request for clearance is obtained;

2. A complete physical examination of any horse in obviously questionable condition by a state licensed veterinarian. Such an order must be complied with within the time limits specified by the animal control agency, its employees or representative, the city or its employees or representatives.

C. Once orders for veterinarian certification are issued by the animal control agency, the stable management cannot sell or in any way dispose of the horse in question until the conditions imposed by the animal control officer are fully met.

D. Failure to produce records identifying owners of horses, certificates of mechanical lameness or any ordered veterinarian certificates is prima facie evidence of violation of this chapter.

E. Where the permit holder is involved in legal proceeding whether civil or criminal or is involved in regard to a citation or order for a veterinarian certificate, the horse involved must not be worked, rented or sold until the matter is settled. On serious circumstances, the horse may be impounded by the animal control agency to protect its health or safety.

(Ord. No. 1470, § 5, 2-12-2024)

A. It is unlawful for any person to keep or maintain or cause to be maintained in the city any horse except in conformance with the provisions of this chapter as now existing or hereafter amended.

B. It is declared to be a nuisance and it is unlawful to keep any horses on any premises that is in an offensive, obnoxious or unsanitary condition.

(Ord. No. 1470, § 5, 2-12-2024)