Fort Jones Municipal Code Ch. 6.08 Care and Control

(a) It is unlawful for any person or owner to permit any animal or domestic fowl to bark, cry, howl, crow or make other frequent or extended noise that disturbs the peace and quiet of persons who reside or work in the neighborhood. For purposes of this section "extended" noise is noise having a duration of 30 minutes or more.

(b) The prohibitions in this section shall not apply in the following situations:

(1) At the time the animal or domestic fowl is making such noise, a person is trespassing or threatening to trespass on the premises where the animal is kept or if a person is teasing or provoking the animal.

(2) The noise is emitted from animals housed in an animal kennel regulated by a use permit.

(3) The noise constitutes customary animal noises of livestock, horses or other animals kept for agricultural activities in areas, including, but not limited to, farms, ranches and stables or rodeo grounds which are zoned or legally permitted for such purposes.

(4) The noise is emitted by animals being used in parades or other sanctioned events.

(c) Violations of this section constitute an infraction and a public nuisance, and each day the violation continues constitutes a separate offense.

(Ord. No. 2021-1, exh. A(6.08.010), 3-8-2021)

(a) It is unlawful for any animal owner to permit the animal to be at large in the town. This section does not apply to the following:

(1) Guide dogs for vision- or hearing-impaired persons while performing their duties.

(2) Dogs participating in field or obedience trials and animal exhibitions.

(3) Dogs assisting their owner in the herding of livestock.

(4) Dogs assisting a security guard or police officer engaged in law enforcement duties.

(b) The animal control officer shall apprehend and impound any animal found running at large in violation of this section. The owner of an impounded animal may reclaim the animal upon payment of the impoundment fees and any required licensing fee.

(Ord. No. 2021-1, exh. A(6.08.020), 3-8-2021)

No person owning or having possession of any wild animal, reptile or snake shall allow such animal, reptile, or snake within the enclosed premises of such person unless he has first secured a permit from the state fish and game department to do so and has complied with all terms and conditions of such permit. In addition, such animal, reptile, or snake shall at all times be confined, controlled and restrained in such a manner as to not endanger the life, limb, or property of any person lawfully entering such premises. Skunks may not be kept for any purpose except by permit of the state department of health. If the above permits are not in place, or if wild animals, reptiles or snakes are not controlled as stated in this section, such animals are subject to summary seizure and impoundment.

(Ord. No. 2021-1, exh. A(6.08.060), 3-8-2021)

It is unlawful for any owner of an animal to suffer or permit that animal to destroy or cause damage to property not belonging to or under the control of the owner. The owner is liable for the damage or destruction of such property.

(Ord. No. 2021-1, exh. A(6.08.070), 3-8-2021)

(a) Purpose. The purpose of this section is to establish certain requirements for beekeeping within the town, to avoid issues which might otherwise be associated with beekeeping in populated areas.

(b) Compliance does not constitute defense. Compliance with this section shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance or violates applicable ordinances, but such compliance may be offered as evidence of the beekeeper's compliance with acceptable standards of practice among beekeepers within the town.

(c) Number of hives permitted. A maximum of three hives on a property less than one acre and a maximum of six hives on a property between one and two acres. For properties over two acres, an additional three hives per acre are permitted.

(d) Removable frames or combs required. Bees shall be kept in hives with removable frames or combs, which shall be kept in a sound and usable condition.

(e) Hive location. Hives shall not be placed in a front yard. A beehive must be located ten feet from a dwelling.

(f) Flyway barrier. The flyway barrier must be up to six feet and may consist of a wall, fence, dense vegetation or a combination thereof, such that the bees will fly over rather than through the material to reach the colony. A flyway barrier is not required if the property adjoining the apiary lot line is undeveloped or is zoned agricultural or industrial.

(g) Sale of bee related products. Products generated on site from bees, such as honey, shall be permitted to be sold on the property per applicable business license or home occupation regulations.

(h) Swarms. If the beekeeper serves the community by removing swarms of honeybees from locations where they are not desired, the beekeeper shall be permitted to temporarily hive the swarm on their property for up to 30 days from the date acquired, at which time the hive limit requirements of this section shall apply.

(i) Inspection. The town's animal control officer shall have the right to inspect any apiary for the purpose of ensuring compliance with this section between 8:00 a.m. and 5:00 p.m. once annually upon prior notice to the owner of the apiary property or upon complaint without prior notice.

(j) Notice of violation; penalties. The owner maintaining an apiary in violation of this chapter may be served with a written notice of violation by any enforcement officer of the town. The notice may be served upon the person in possession of or owning such apiary or apiaries, personally or by mail, or if the address of such person is not known, by posting the notice in a conspicuous place on the apiary. Violations shall constitute an infraction subject to fines as provided in the town bail schedule.

(k) Nonexclusive remedy. This section is an alternative to and does not supersede any other provision of the law that authorizes nuisances to be abated or enjoined.

(Ord. No. 2021-1, exh. A(6.08.080), 3-8-2021)

It is unlawful to tie any animal to any fence, tree or bench upon any public or vacant lot or place within the town. A violation of this section by any animal owner may be cited as an infraction and will be subject to fines as specified in the town bail schedule.

(Ord. No. 2021-1, exh. A(6.08.090), 3-8-2021)

(a) It is unlawful to keep any livestock, domestic fowl or other animals in such a manner which will endanger the health, peace and safety of the citizens of the town. The owner shall ensure that such livestock, domestic fowl and other animals are kept in a clean and sanitary condition at all times and are not subject to suffering, cruelty or abuse.

(b) The owner of any animal within the town shall be responsible for removing and managing the manure and feces deposited by such animal, so that it will not create a public nuisance or hazard to public health and safety. This shall include public parks, sidewalks, public streets or private property of another. It shall also include accumulation on the private property of a kennel operator or any other owner or controller of an animal.

(c) It is unlawful to keep any livestock, domestic fowl or to place any pen, hutch or other structure to contain such animal in the front yard of any parcel within the town. Pens and containment structures must be maintained at least 20 feet from any other landowner's property lines.

(d) Livestock will be permitted in a residential area on a minimum parcel of one-half acre under the following conditions:

(1) Large livestock, over 400 pounds, such as cattle, horses, llamas and donkeys over six months of age with a maximum number of one animal per one-half acre. All male animals must be castrated before they become six months of age.

(2) Small livestock, under 400 pounds, such as sheep, goats and other similar animals over six months of age are limited to two per one-half acre. All male animals must be castrated before they become six months of age.

(3) In computing animal density as specified above, combinations of species, both large and small, will be permitted as long as the maximum number of animals does not exceed one animal per one-half acre, as set forth in subsection (d)(1) of this section or two per one-half acre, as set forth in subsection (d)(2) of this section.

(e) Chickens, ducks and turkeys are the only domestic fowl that will be permitted in a residential area under the following conditions:

(1) Parcels on lots less than one-half acre will be permitted to have a maximum of four chickens or ducks, including one rooster or drake over six months of age and a maximum of two turkeys, including one tom over six months of age.

(2) Parcels of one-half acre or more will be permitted to have a maximum of six chickens or ducks, including one rooster or drake over six months of age and a maximum of four turkeys, including one tom over six months of age per one-half acre.

(f) Owners/possessors that owned, kept or harbored livestock or domestic fowl prior to the passing of this chapter must show proof, such as bill of sale or veterinary records, and register them with the town clerk or code enforcement or law enforcement officer. The code enforcement or law enforcement officer shall be allowed to inspect premises and verify such registration when it is convenient with owner, within 72-hours of registration. All livestock or domestic fowl that do not conform to this section shall be removed from the premises.

(g) It is unlawful for any person to keep or maintain livestock or domestic fowl other than for the manner described in this section. A violation of this section by any animal owner may be cited as an infraction and subject to the fine provided in the town bail schedule.

(Ord. No. 2021-1, exh. A(6.08.100), 3-8-2021)