Hawthorne Municipal Code Ch. 6.24 Animal Care and Keeping Animals

Whenever the word "keep" is used in Chapters 6.16 through 6.28, it means and includes keeping, maintaining, harboring, exercising, grazing and allowing to run at large.

(Prior code § 9-200; Ord. 1102 § 1, 1975)

Every person, within the city of Hawthorne, who owns any animal or who owns, conducts, manages or operates any animal establishment for which a license is required by this provision, shall comply with each of the following conditions:

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

B. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.

C. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.

D. All animals shall be so maintained as to eliminate excessive and nighttime noise.

E. No animals shall be without attention more than twelve consecutive hours. Whenever an animal is left unattended at a commercial animal facility, the telephone number of the bureau of animal services, or the name, address and telephone number of the responsible person, shall be posted in a conspicuous place at the front of the property.

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

G. No condition shall be maintained or permitted that is or could be injurious to animals.

H. Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.

I. Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall be at all times be isolated from the other animals.

J. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation.

K. Such person shall take any animal to a veterinarian for examination or treatment, if the director finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so.

L. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein.

M. Every violation of an applicable regulation shall be corrected within a reasonable time to be specified by the director.

N. Such person shall provide proper shelter and protection from the weather at all times.

O. Such person shall not give an animal any alcoholic beverage, unless prescribed by a veterinarian.

P. Such person shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together, or so near each other as to cause injury, fear or torment. If two or more animals are so trained that they can be placed together and to not attack each other or perform or attempt any hostile act to the others, such animals such be deemed not to be natural enemies.

Q. Such person shall not allow the use of any tack, equipment, device, substance or material that is or could be, injurious or cause unnecessary cruelty to any animal.

R. Such person shall give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions.

S. Such person shall not work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.

T. Such person shall not allow any animal which the bureau of animal services has suspended from use to be worked or used until released by the bureau of animal services.

U. Such person shall not display animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.

V. Such person shall not display any animal whose appearance is or may be offensive or contrary to public decency.

W. Such person shall not allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.

X. Such person shall not violate any condition imposed by the director of animal services or the director of licensing and code enforcement.

(Ord. 1730 § 1, 2002)

A. No person shall keep any animal other than a household pet (dog, cat, canary, parrot, or similar animal or bird) on any real property except by special permit issued by the director of animal services or the director of licensing and code enforcement upon written application setting forth the exact nature and numbers of such animals desired to be kept, the reason for the request of issuance of such special permit, a description of the area and facilities where and within which such animals are proposed to be kept and housed, and such other information as may be requested by the director of animal services or the director of licensing and code enforcement. For purposes of this section the word "dog" shall not include any dog trained or with a proven propensity to attack humans or other animals. A permit may be issued only if after a consideration of the place and manner in which the animal will be kept it can be determined that keeping the animal will not jeopardize the public health, safety and welfare; provided, however, that no permit shall be issued if the applicant has had a permit required under this chapter revoked within one year prior to the date of the current application. The director of animal services or the director of licensing and code enforcement may impose such conditions on the grant of the permit as will protect the public health, safety and welfare. The director of animal services or the director of licensing and code enforcement may, in his discretion call for a public hearing on such application before the city council at any regular meeting thereof.

B. An appeal may be taken from a denial or other decision by the director of animal services or the director of licensing and code enforcement in accordance with the appeal procedure delineated in Section 6.04.100 et seq.

(Ord. 1337 § 2, 1985; Ord. 1730 § 1, 2002)

A. No person shall keep any animal, fowl or bird, wild or domestic, other than dogs, cats, canaries or not more than four birds of the Psittacinac family, within thirty-five feet of any habitable dwelling, except by special permit issued by the director of animal services or the director of licensing and code enforcement upon written application setting forth the exact nature and number of such animals desired to be kept, the reason for the request for issuance for such special permit, a description of the area and facilities where and within which such animals are proposed to be kept and housed, and such other information as may be requested by the director of animal services or the director of licensing and code enforcement. The director of animal services may deny such application for such permit summarily and without hearing, may grant same upon such terms and conditions and for such period of time as in his sole discretion may seem appropriate.

B. An appeal may be taken from a denial or other decision by the director of animal services or the director of licensing and code enforcement in accordance with the appeal procedure delineated in Section 6.04.100 et seq.

C. All such permits are subject to revocation or cancellation by the director of animal services. An appeal may be taken from a revocation or cancellation of such permit in accordance with the appeal procedure delineated in Section 6.04.100, et seq. No person shall be prosecuted for any violation of this section occasioned by keeping any animal previously authorized by permit issued by the director of animal services when such permit has been revoked or cancelled unless notice of such revocation or cancellation has been given to such person in writing. For this purpose, it is sufficient if notice of such revocation or cancellation is mailed to the permit holder at the address for which such permit was originally issued.

(Prior code § 9-202; Ord. 1102 § 1, 1975; Ord. 1730 § 1, 2002; Ord. 1735 § 2, 2002)

A.

1. Revocation of Permit. All permits issued under this chapter may be revoked by the director of animal services or the director of licensing and code enforcement whenever the holder of any permit fails to comply with any law, including but not limited to violations of this title, regulating the keeping of animals or the removal of manure or any condition of the permit. Whenever the holder of any permit issued under this chapter fails to comply with any law, including but not limited to violations of this title, regulating the keeping of animals or the removal of manure it shall be conclusively presumed that the keeping of such animal on such real property constitutes a public nuisance and endangers the public health and the director of animal services or the director of licensing and code enforcement may revoke the animal permit, after five days written notice to the permit holder and a hearing before the director of animal services or the director of licensing and code enforcement.

2. An appeal may be taken to the city council from a revocation of the special permit referred to in subsection A of this section or from any decision reached as a result of the hearing referred to in subsection (A)(3) of this section. Such appeal shall be filed in writing with the city clerk within ten days after the date of the decision being appealed. The city clerk shall schedule such appeal on the agenda for the next regular city council meeting following the date of filing thereof. The decision of the city council shall be final.

a. Every animal kept or found under conditions which constitute a violation of this chapter and every animal which shall have bitten a human or another animal may be impounded by the director of animal services. After five days written notice to the owner and a hearing before the director of animal services the owner may be required as a condition of the release of the animal, in addition to paying all costs of impoundment, to sign an agreement containing such conditions, but not limited to, the following:

i. To keep the animal confined in his premises in an enclosure approved by the director of animal services;

ii. To keep the animal securely muzzled, leashed and under the control of a person eighteen years of age or older, and who is physically capable of restraining the animal when the animal is off his property;

iii. To prove financial responsibility by posting a bond or certificate of insurance for the amount of one hundred thousand dollars or more; and

iv. To immediately inform any city, county, postmaster, utility company meter readers, and anyone else that comes on the property with implied consent or peaceably and lawfully of the animal's viciousness and to inform again if the animal is moved to another location.

b. If any animal owner fails or refuses to obtain the release of any animal impounded pursuant to this subsection within forty-five days of impoundment, such animal shall be considered abandoned and may be disposed of in the same manner as unclaimed stray dogs. Nothing contained in this section shall be deemed to affect any provision of law pertaining to the disposal of any animal.

B. Permit Not Transferable. No permit granted under this chapter shall be in any manner assignable or transferable, nor shall it authorize the keeping of any animal other than the one therein mentioned, nor shall it authorize the keeping of such animal upon any real property other than the real property therein mentioned.

C. Permit Fees. The city council may establish by resolution fees for any permit issued under this chapter.

(Ord. 1337 § 4, 1985; Ord. 1730 § 1, 2002)

No person shall keep any crowing roosters or more than ten domestic fowl or birds, or more than five rabbits on any real property, the use of which is restricted to residential purposes, church purposes or educational purposes by this code or any other ordinance of the city.

(Prior code § 9-204; Ord. 1102 § 1, 1975; Ord. 1730 § 1, 2002)

No person shall keep any hive or swarm of bees within two hundred feet of any residence, hospital, sanitarium, public eating place, school, church, office building, store, home, apartment house, rooming house, or any other place of habitation. This section shall not apply to the keeping of bees within an educational institute for study or observation, or within a physician's office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large.

(Prior code § 9-205; Ord. 1102 § 1, 1975)

Every person owning or occupying premises where any animal, fowl or bird is kept shall at all times keep the stable, barn, stall, pen, coop, building or place in which such animal is kept in a clean and sanitary condition.

(Prior code § 9-206; Ord. 1102 § 1, 1975)

No person shall keep any manure within forty-five feet of any window or door of any inhabited structure, or within one hundred feet of any church, school, hospital or place where food products are kept, stored, manufactured or served to the public.

(Prior code § 9-207; Ord. 1102 § 1, 1975)

Every person owning or occupying premises where manure from any horse, pony, mule, cow or other animal accumulates shall provide for the removal of manure daily. Unless all manure accumulated on any premises be removed daily, boxes, bins or receptacles of a design and construction acceptable to the health officer shall be provided by the owner or occupant of such premises, and such boxes, bins or receptacles shall be used only for the purpose of containing the accumulation of manure, and shall be kept tightly closed at all times except when manure shall be placed therein or removed therefrom, and in no instance shall manure be so placed in such boxes or receptacles in such a manner as to prevent the tight closing of a lid; provided however, that nothing contained herein shall apply to manure which is spread as fertilizer over or around cultivated plants, vines, vegetables, lawns, bushes, shrubs or trees, or to manure kept by any nursery for commercial fertilizer purposes, unless such manure creates a nuisance either from fly breeding or excessive, obnoxious odors. The boxes, bins or receptacles shall be constructed of brick, stone, concrete, metal, or wood lined with metal or other sound material, and shall be proof against access to the contents thereof of flies. The contents of the boxes, bins and receptacles shall be removed once a week.

(Prior code § 9-208; Ord. 1102 § 1, 1975)

No person who is ordered by the health officer or the bureau of animal services to clean or disinfect any stable, barn, stall, pen, coop, building or place in which any horse, pony, mule, cow or other animal is kept, or who is ordered by such officer to clean or disinfect any box, bin or receptacle used for the accumulation of manure, shall fail, neglect or refuse to clean and disinfect such stable, barn, stall, pen, coop, building, place, box bin or receptacle.

(Prior code § 9-209; Ord. 1102 § 3, 1975; Ord. 1730 § 1, 2002)