Davis Municipal Code Art. 5.01 In General

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land belonging to such person, any cattle, horses, swine, sheep, goats, geese, ducks, turkeys, roosters and other poultry and game birds, except as specifically permitted under provisions of this chapter.

(Code 1964 § 8-3.101; Ord. 1632 § 1)

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land belonging to such person, any chickens, pigeons or rabbits except as follows:

A total of not more than six chicken hens or six pigeons or a combination of chicken hens and pigeons not to exceed the number of six, or a total of not more than six rabbits may be kept and maintained in a clean and sanitary pen or structure, no part of which shall be located less than forty feet from any residence, other than a residence owned and occupied by the person owning or in possession of such animals; and, provided further, that the keeping of such animals shall not create a health or nuisance problem.

(Code § 8-2.102)

The keeping of animals within the city may be permitted as follows:

(a) Animals for commercial, industrial or scientific purposes, in such numbers and of such types and under such conditions as will not be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood of such proposed keeping, and will not be detrimental to the public welfare or injurious to improvements in such neighborhood. Applications for such permissive keeping shall require a fee authorized by the city council and be accompanied by a detailed statement outlining the proposed method of keeping. Following investigation and report by the police department, the chief of police may issue a permit with such conditions as may be necessary to enforce the provisions of this chapter. Such permit may be revoked by failure to observe required conditions.

(b) Chickens, pigeons, or rabbits, in such numbers and of such types and under such conditions as will not be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood of such proposed keeping and will not be detrimental to the public welfare or injurious to improvements in the neighborhood. Applications for such permissive keeping shall require a fee authorized by the city council and be accompanied by a detailed statement outlining the proposed method of keeping. Following investigation and report by the police department, and without regard to distance limitations contained elsewhere in this chapter, the chief of police may issue a permit with such conditions as may be necessary to enforce the provisions of this chapter. Such permit may be revoked by failure to observe required conditions.

(c) Swine that, at maturity, are less than twenty-two inches high at the shoulder and weigh less than one hundred fifty pounds, and pygmy, miniature or dwarf goats that, at maturity, are less than twenty-eight inches high at the shoulder and weigh less than one hundred pounds, and under such conditions as will not be detrimental to the health, safety, comfort, convenience or welfare of persons residing or working in the neighborhood of such proposed keeping, and will not be detrimental to the public welfare, create excessive noise, or be injurious to improvements in such neighborhood. No more than three such swine and/or such goats, of all types combined, over the age of four months shall be permitted. All such permitted goats shall be dehorned and such male goats shall be neutered. Applications for such permissive keeping shall require a fee equal to that of a Yolo County dog license and be accompanied by a detailed statement describing the proposed method of keeping. The police chief may issue a permit with such conditions as may be necessary to enforce the provisions of this chapter and/or to mitigate nuisance noise. Such permit may be revoked by failure to comply with or observe the required conditions.

(Code 1964 § 8-3.103; Ord. 905 § 1; Ord. 1632 § 2; Ord. 2634 § 4, 2022)

All animals and fowl kept within the city shall be kept in a sanitary condition and shall not create a health or nuisance problem.

(Code 1964 § 8-3.104)

(a) Whenever necessary to carry out the provisions of this article, to ascertain any violation of the provisions of this article, to count the number of animals kept within the city, or whenever there is reasonable cause to believe that there exists a violation of this article, any official of the police department, code enforcement, or health department of the city may enter onto any premises or into any building at all reasonable times, subject to the requirements of the Fourth Amendment of the United States Constitution and any other provisions of applicable law.

(b) In those situations when there is no owner and/or occupant present, or when such person or persons refuse entry, and in the absence of an emergency, the agent or employee shall give the owner and/or occupant twenty-four hours' written notice of the intention to enter onto such premises. Such notice shall state that, in the event the right of entry is refused, entry will be obtained only under an inspection warrant or search warrant issued by a duly authorized magistrate.

(Code 1964 § 8-3.105; Ord. 2390 § 12, 2012)