Mountain View Municipal Code Art. III Keeping of Certain Animals

(a) No person shall keep any livestock in any R district.

(b) It shall be unlawful for any person to keep or maintain any equine animal, any bovine animal, any sheep, hog or goat, any live hare, rabbit, chicken, duck, turkey, goose, pigeon or other fowl except as provided in this article.

(c) Any person maintaining any such animal or fowl within the city shall keep the premises upon which such is kept fenced, or if such animal is staked, so as to keep the animal or fowl from leaving the premises upon which such is kept, and shall not permit such animal or fowl to run at large upon the street or upon the property of any other person.

(Ord. No. 4.14, § 1, 4/8/14.)

(a) All structures for housing animals shall be compliant with applicable zoning regulations. No person shall keep any live hare, rabbit, chicken, turkey, goose, duck, pigeon, game bird or other fowl or exotic animal in any structure within the ten-foot setback from the property line of the owner of such animal or fowl, without a permit.

(b) The permit mentioned in subsection (a) of this section shall be issued by the administrator, and only when he/she finds that each such animal may be maintained at such location without injury to its health and the health and safety of any person. If the administrator does not so find and is not satisfied that the animal may be so maintained without injury to its health and the health and safety of any person, no such permit shall be issued.

(c) The permit shall be issued by the administrator only after he/she is assured to his/her satisfaction that each such animal will be maintained at such location in compliance with the following conditions:

(1) Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury.

(2) Sanitary condition of all animals and all animal buildings or enclosures shall comply with Sec. 5.41.

(3) Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals and to provide appropriate protection from the elements.

(4) All animal buildings, cages and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein.

(5) Each animal shall be maintained in a good, healthy condition in a manner not causing injury to the health of any animal or the health and safety of any person.

(d) Said permit shall set forth whatever conditions the administrator may deem necessary to assure compliance with the provisions of this chapter.

(e) Each permit is subject to suspension and revocation whenever an animal is maintained in such a manner that any of the conditions of subsection (c) of this section is violated.

(f) In case of denial, suspension or revocation of a permit issued under this section, the applicant or holder of the permit may appeal the decision by filing a written request for an appeal hearing to the administrator within ten (10) days of receipt or constructive receipt of the decision. The administrator shall appoint a hearing officer for the purpose of the permit appeal. Until the ruling of the hearing officer, the denial, suspension or revocation shall remain in full force and effect.

The hearing officer shall provide notice to the appellant and a date for the hearing within twenty (20) days of receipt of the appeal. The hearing shall be set within twenty (20) days, unless the applicant or holder requests a continuance. At the hearing, both the applicant or holder and staff shall have the right to appear and be represented by counsel and to present evidence and arguments which are relevant to the grounds for the appeal, limited to the grounds for appeal stated in the filing of the appeal. The applicant or holder may appear in person or by submitting written material. A nonappearance shall result in a vacation of the appeal.

Within ten (10) days of the hearing, the hearing officer shall issue a written decision which states whether the initial denial, suspension or revocation of the permit will be upheld, modified or reversed. The decision shall be served on the holder or applicant by mail and the decision of the hearing officer shall be final.

(Ord. No. 4.14, § 1, 4/8/14.)

No rooster over four (4) months old shall be kept on any premises within the city, unless the premises involved are operating on a commercial basis in conformance with existing zoning regulations and state statutes governing their operations.

(Ord. No. 4.14, § 1, 4/8/14.)

Every owner, lessee or tenant of any corral, barn, stable, stall, apartment or other structure in which any horse, cow or other animal is or shall be kept or of any place in which manure or any liquid discharge of any such horse, cow or other animal shall collect or accumulate, shall cause such manure or liquid to be removed and shall, at least once in every fifteen (15) days, cause such corral, barn, stable, stall, apartment or structure to be thoroughly cleaned and disinfected and shall at all times keep the same in a clean and wholesome condition.

(Ord. No. 4.14, § 1, 4/8/14.)

No person shall, at any time, maintain any lot or other premises, or any portion thereof in the city, upon which any animal is kept, in an unsanitary condition. No person shall maintain any such lot or other premises, or portion thereof, upon which any animal is kept, in such condition as to cause the same to be infested with flies or insects or increase any noxious or offensive odors.

(Ord. No. 4.14, § 1, 4/8/14.)

(a) Not more than four (4) animals, in all, including hares, rabbits, guinea pigs, feline, bovine, sheep, hogs, goats, chickens, turkeys, geese, ducks, game birds, or other fowl or any combination thereof shall be kept on any premises within the city, unless the premises involved are operating on a commercial basis in conformance with existing zoning regulations and state statutes governing their operations. This section shall not apply to fish.

(b) The administrator may allow more than four (4) animals, but no more than twenty-five (25) animals, upon finding that the animals will be maintained in a healthy and sanitary condition, and will not be foreseeably injurious to the health, or indecent or offensive to the senses, so as to unreasonably interfere with the comfortable enjoyment of neighboring properties. In making this determination, the administrator shall consider:

(1) The lot size of the premises on which the animals will be kept;

(2) Whether or not the animals will be located or housed in a manner that will eliminate views, noise or odors to the adjoining properties;

(3) The animals can be cared for in a manner that produces no noticeable noise or odor beyond the premises on which they will be kept;

(4) The animals are restricted to a portion of the premises that is not proximate to any adjoining residences;

(5) Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury;

(6) Sanitary condition of all animals and all animal buildings or enclosure shall comply with Sec. 5.16;

(7) Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals and to provide appropriate protection from the elements;

(8) All animal buildings, cages and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein;

(9) Each animal shall be maintained in a good, healthy condition in a manner not causing injury to the health of any animals or the health and safety of any person;

(10) All structures for housing animals shall be compliant with applicable zoning regulations; and

(11) Said permit shall set forth whatever conditions the administrator may deem necessary to assure compliance with the provisions of this chapter.

(c) At least ten (10) days before making a decision on whether or not to allow more than four (4) animals, the administrator shall mail a notice by first-class United States mail addressed to the addresses of all residential parcels located within fifty (50) feet of the property boundaries of the premises where the animals would be kept. The notice shall describe the nature of the exception being requested and the street address of the property boundaries where the animals would be kept. The notice shall further advise the recipients they must contact the administrator within ten (10) days from the date the notice was mailed with any concerns they may have about the requested exception in writing or by telephone at an address and telephone number provided in the notice.

(d) At the end of the ten-day period, and no later than thirty (30) days after receipt of the request for more than four (4) animals, the administrator shall render his or her decision, which shall be final.

(e) Any exception granted pursuant to this section may be revoked by the administrator upon finding that the additional animals are not being maintained in a healthy or sanitary condition, or are creating a condition that constitutes a public nuisance. At least ten (10) days prior to revoking any approval for more than four (4) animals, the administrator shall notify the owner of the animals, by first-class United States mail, of his/her intention to consider revocation of the approval, and the basis for that revocation. The notice shall also set forth an address and telephone number at which the owner can contact the administrator and shall advise the owner that if the owner opposes the revocation, the owner must contact the administrator within ten (10) days from the date the letter was mailed. The administrator's decision on the revocation shall be final.

(Ord. No. 4.14, § 1, 4/8/14.)