National City Municipal Code Ch. 8.32 Keeping of Birds and Animals

* Prior ordinance history: Ords. 891 §§ 1—3, 1358 § 2 (part), 1613 § 1, 1621 and 2034 §§ 2, 3.

The following terms are as defined in Section 8.04.015: "animal," "handler," "large animal," "large bird" and "rooster."

(Ord. 2171 § 8 (part), 2000)

A. Except as provided in Section 8.32.015 and in order to protect the public health and welfare and prevent the spread of exotic Newcastle disease, avian flu and West Nile virus, it is unlawful to keep, possess or maintain anywhere within the city limits the following animals, birds or reptiles. Prohibited animals shall include, without limitation, the following:

1. Any venomous snake, lizard or reptile;

2. Any lizard or reptile, including a nonvenomous snake, exceeding six feet in length, or twenty-five pounds in weight;

3. Any ferret, skunk or polecat;

4. Any lion, tiger, leopard, cheetah, wildcat or other members of the feline family, other than a "cat" as defined in Section 8.04.015, regardless of actual weight or age;

5. Any primate (monkey, chimpanzee, etc.) except a monkey which is trained as a service animal and being used to assist a disabled person in dealing with their disability, provided the monkey does not exceed twenty pounds in weight;

6. Any pig;

7. Any wolf, fox, coyote or similar member of the canid or lupus family or any canine hybrid;

8. Any rooster regardless of size or whether it has been surgically de-crowed;

9. Any other large animal that is not a horse, burro, jackass, mule, cow, sheep or goat, llama or alpaca;

10. Any animal or bird whose possession is restricted by federal or state law without a permit.

B. The prohibitions on animals in subsection A of this section shall not apply in the case of a traveling circus or carnival which has obtained a temporary use permit pursuant to Chapter 15.60 to conduct exhibitions of a temporary nature and duration. Animals shall be securely kept and maintained in enclosures or cages in accordance with applicable humane and sanitary laws. It shall be a condition of any permit that the permit holder will be subject to unannounced inspections.

(Ord. 2245 § 6 (part), 2004; Ord. 2171 § 8 (part), 2000)

A. It is unlawful to keep, possess or maintain any animal, bird or reptile not prohibited by Section 8.32.010, except as follows:

1. Only horses, cows, goats, sheep, burros, mules, jackasses, llamas or alpacas may be kept, possessed or maintained, either alone or in combination with each other, not to exceed a total of five combined, on a parcel of land with a minimum area of at least twenty thousand square feet.

2. Any combination of the following classes of animals, not to exceed a total of twenty, with each class limited by a maximum of four adult rabbits, four chinchillas, four turkeys, four ducks, four geese or twenty pigeons may be kept on any property zoned for single-family residential use that is greater than twenty thousand square feet in area. Up to six hen chickens may be kept on any property zoned for single-family residential use. For properties zoned for single-family residential use that are equal to or exceed seven thousand square feet in size, one hen chicken per one thousand square feet of lot area is permitted, but not to exceed twelve hen chickens in total. This number shall contribute to the total allowance of twenty animals.

3. Domesticated rats or domesticated mice, hamsters, parakeets or small ornamental songbirds or other birds or animals not prohibited by Section 8.32.010 may be kept in cages or similar enclosures on any property used for residential purposes.

4. Any number of domesticated mice or domesticated rats, hamsters, parakeets or small ornamental songbirds or other birds or animals not prohibited by Section 8.32.010 may be kept at any laboratory or pet shop properly located in a zone allowing for such use, provided the animals are kept under humane sanitary conditions in cages or enclosures which are designed to prevent them from being at large.

5. A maximum of three dogs and three cats, all over the age of four months, may be kept on any parcel of property less than two acres in size, occupied by a single-family residential dwelling, and on parcels of property greater than two acres in size occupoed by a single-family residence, a maximum of six dogs and three cats all over the age of four months may be kept; provided however, that the exterior area or areas where any dogs are kept must be enclosed at all times by a barrier, fence or pen meeting the requirements of Section 8.16.100.

6. A maximum of two dogs or two cats, all over the age of four months, or a combination not to exceed two may be kept or maintained in any one dwelling unit located within a mobile home park, multifamily dwelling or apartment or condominium complex, if allowed by the regulations of the owner or condominium association.

7. Large birds not exceeding a total of two may be kept on any parcel exceeding twenty thousand square feet in area pursuant to a permit issued by the animal control officer.

8. In addition to any animals allowed by subsection A of this section, a resident of a dwelling unit located in a mobile home park, multifamily apartment or dwelling or condominium may keep a maximum of two small ornamental birds or song birds, if allowed by the regulations of the owner or condominium association.

9. Except as provided otherwise in this section, no more than three cats exceeding four months of age shall be kept on any parcel of land within the city.

10. Only one nonvenomous snake not exceeding six feet in length or one reptile or lizard not exceeding twenty-five pounds in weight may be kept on any property, either alone or in combination with any other animal or combination allowed by this section.

B. 1.

Exemptions to the above limits may be allowed for educational, conservation, religious or preservation purposes upon issuance of an animal permit by the city council or city manager. No permit shall be issued unless it shall affirmatively appear that the increase in numbers or combinations will not adversely affect the public health and safety or be incompatible with uses on contiguous properties. Each permit issued is subject to revocation, nonrenewal or both for violations of this title. An annual permit fee as established in the National City fee schedule shall be paid at the time of application and each renewal.

2. Violations of issued permits shall result in the impoundment of any animals, birds or reptiles in excess of the number or species allowed by subsection A of this section and the revocation of the permit. The permit holder may appeal the permit revocation in accordance with Chapter 1.42 within ten calendar days from the date of revocation to show cause why the permit should not be permanently revoked. Impounded animals shall be kept at the owner's expense during the appeal or pending decision, following which disposition pursuant to Section 8.04.020 shall occur.

3. Violations are also subject to administrative or criminal actions, as appropriate, notwithstanding the revocation of the permit.

C. The authority granted by subsection A of this section to keep or maintain animals, reptiles or birds shall not apply on any property, including a mobile home park, condominium association or apartment where other restrictions or prohibitions on the keeping of animals, birds or reptiles exist, either by regulation, lease, zoning or restrictive covenants.

(Ord. 2249, 2004; Ord. 2245 § 6 (part), 2004; Ord. 2196 § 5 (part); Ord. 2171 § 8 (part), 2000)

(Ord. No. 2025-2543, § 2, 9-2-2025)

Except where a prohibition or restriction is specifically made applicable to "any person," it is unlawful for an owner, handler or any other person charged with the keep, care, possession or maintenance of an animal, bird or reptile to fail to comply with the following regulations:

A. All dead birds, animals and reptiles, and all manure, feces, feathers, skins and related detritus shall be removed and disposed of in a sanitary manner within forty-eight hours of death or occurrence. Pending disposal, the materials shall be stored in fly-tight, air-tight containers.

B. All stables, pens, coops, cages and other enclosures for animals, birds and reptiles shall be cleaned at intervals not to exceed two days between cleanings and at all other times maintained in a clean, sanitary condition, free from offensive odors. An odor is offensive if it can be detected at the adjoining property line.

C. All enclosures where animals, birds, reptiles are kept shall be painted at an interval not to exceed twelve months.

D. The floors of every enclosure where birds are kept shall be kept smooth and impermeable to water, and no accumulation of filth droppings or water shall be permitted.

E. Floors of runs or pens for animals shall be constructed of cement or nonporous material impermeable to water. Pens shall be maintained in a clean, sanitary condition at all times.

F. No large animals shall be kept or maintained within twenty-five feet of any dwelling used or intended for habitation by humans, including that of the owner.

G. All rabbits and, except as provided in subsection H, all birds shall be kept within an enclosure that is at least twenty-five feet distant from any dwelling used or intended for human habitation. Enclosures shall be situated in the rear yard, and shall not encroach into any side yard or rear yard set back required by Title 18 of this code.

H. Parakeets, canaries and similar small domestic ornamental birds or song birds may be kept in a cage within a dwelling unit.

I. Chinchillas, hamsters, rats, mice, guinea pigs and similar rodents may be kept in an enclosure in a basement, garage or in a building attached to a dwelling unit; otherwise these animals shall be kept in a hutch or similar enclosure that is at least twenty-five feet from any other dwelling used or intended for human habitation.

J. Except for cats, no animals shall be allowed to run at large. Notwithstanding, a cat owner shall control his or her cat or cats so as to avoid the creation of a public nuisance. Cats at large may be trapped using a nonlethal, humane trap and shall be turned over to an animal shelter or an animal control officer within twenty-four hours. The city shall not be responsible for trapping or transportation.

K. No feral pigeons shall be fed or maintained on any property in the city by any person. In order to prevent attracting wild animals and birds, domestic pigeons may only be fed within a coop on the property of the owner or handler, and cats may only be fed within a residence or an enclosure on the property of the owner.

L. No rat or mouse that is being lawfully maintained pursuant to this chapter shall be released or allowed to run at large within the surrounding community.

M. No person shall feed any wild bird upon the premises of any restaurant or facility serving or selling food for human consumption.

N. No animal or bird shall be allowed to howl, bellow, squawk, or make a sound characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of ten p.m. and seven a.m. daily for more than three minutes, or at other times for more than ten consecutive minutes or for more than a total of fifteen minutes within any sixty minute period. This provision shall not apply to public zoos. Interference by noise shall also constitute a public nuisance. The procedures set forth in Sections 8.16.050 and 8.16.055 shall be utilized in responding to noise complaints and requests for abatement, in so far as applicable, under this section.

(Ord. 2245 § 6 (part), 2004; Ord. 2196 § 5 (part); Ord. 2171 § 8 (part), 2000)

It is unlawful to keep any animal in the city affected with a zoonotic or communicable disease, mange, ringworm or other parasitic condition, unless the animal is kept isolated under the care and active treatment of a veterinarian. Any animal found in violation of this section shall be impounded and disposed of in accordance with Section 8.04.020, unless the owner shall immediately place the animal under the physical control and treatment of a licensed veterinarian.

(Ord. 2171 § 8 (part), 2000)

The keeping of any animal, bird or reptile in violation of this chapter is unlawful and a public nuisance, and is punishable as a misdemeanor.

(Ord. 2171 § 8 (part), 2000)

The prohibitions and restrictions enacted and made applicable to the possession of animals and birds in this chapter shall not apply to any animal or bird lawfully owned by a resident of the city until July 1, 2004, after which date the animal shall be immediately removed from the city or be surrendered to the animal control officer for disposition or placement when possible or for destruction when not possible. After July 1, 2004, it is unlawful for any person to possess or maintain an animal or bird in violation of this chapter. This transition provision shall not apply to any bird or animal that was regulated or prohibited by the adoption of Ordinance 2171 in the year 2000, the transition period for compliance having since expired and for which any prohibition, regulation or restriction is now fully applicable.

(Ord. 2245 § 6 (part), 2004: Ord. 2171 § 8 (part), 2000)

It is unlawful to offer for sale, sell, or to exchange or transfer for any form of consideration puppies or kittens on public property or on private property open to the public, including but not limited to areas in front of stores, commercial shopping areas, commercial parking areas, swap meets and auctions.

(Ord. 2258 § 3, 2005)