Chapter 6.20 — FOWL AND LIVESTOCK RESTRICTIONS

No person, owning or having control of any ox, steer, bull, cow, horse, colt, jack, mule, calf, sheep, goat or any animal commonly referred to as a "wild specie" shall:

A.

Permit such animal to run at large in the city;

B.

Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public place; or

C.

Tie, stake or pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the city, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property; or

D.

Permit any of said animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope or chain of sufficient strength to restrain such animal to some permanent object of sufficient size, strength and weight to effectively restrain such animal; or

E.

Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise.

(Ord. 4384 § 4.01, 1956)

It is hereby declared to be a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowls or rabbits, owned or controlled by him or it, to run or fly at large or go upon the premises of any other person in the city.

(Ord. 4384 § 4.02(a), 1956)

A.

It is declared to be a nuisance, and no person shall keep geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowls or rabbits, owned or controlled by him or it within 50 feet of any street line or within 50 feet of any property line,

or within 100 feet of any dwelling house or structure used as a dwelling, church, school, hospital or place where food products are kept, stored, manufactured or served to the public, unless such house or structure is occupied by him or it.

B.

It is declared to be a nuisance, and no person shall keep chickens owned or controlled by him or it within 35 feet of any dwelling house or structure used as a dwelling, church, school, hospital or place where food products are kept, stored, manufactured or served to the public, unless such house or structure is occupied by him or it, and not within a required setback as prescribed in the zoning code, or to keep any rooster inside the city limits of Pasadena.

(Ord. 5574 § 1, 1982: Ord. 4384 § 4.02(b), 1956)

(Ord. No. 7239, § 2, 2-10-2014)

Adequate enclosure or fencing shall be required sufficient to contain live chickens on the property to prevent escape. The enclosure shall be a minimum size of ten (10) square feet of permeable land per chicken. Adequate shelter shall be required sufficient to protect chickens from the elements, and to prevent wildlife or other predators from gaining entry.

(Ord. No. 7239, § 3, 2-10-2014)

No person shall have, keep, maintain, or have custody or control of live chickens on residential property within the city without first registering with the poundmaster, and submitting a completed self-certification which verifies that the owner complies with the requirements of this chapter.

(Ord. No. 7239, § 4, 2-10-2014)

It is declared to be a nuisance and no person shall keep on any premises more than 10 in all of chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowls, rabbits, or birds of the psittacinae family; provided, however, that this provision shall not apply to veterinary hospitals, pet shops, or medical and research laboratories.

(Ord. 5574 § 2, 1982: Ord. 4384 § 4.02(c), 1956)

No person shall dye, color or otherwise artificially treat any rabbit, baby chick, duckling or other fowl.

(Ord. 4384 § 4.02(d), 1956)

No person shall display, sell, offer for sale, barter or give away any rabbit, baby chick, duckling or other fowl under the age of 4 weeks in quantities of less than 6.

(Ord. 4384 § 4.02(e),1956)

Nothing in this title shall prohibit the display or sale of any natural rabbit, chick, duckling or other fowl by any dealer, hatchery or store engaged in the business of selling the same to be raised for food purposes whenever the dealer, hatchery or store has the proper facilities for the display and care of such animals or fowls.

(Ord. 4384 § 4.02(f), 1956)

It is declared to be a nuisance, and no person shall keep or maintain in the city cattle at or upon premises owned, occupied or controlled by him.

(Ord. 5574 § 3, 1982: Ord. 4384 § 4.04(a), 1956)

A.

It is declared to be a nuisance and no person shall stable or corral any horse or horses within 100 feet of any street line.

B.

It is declared to be a nuisance and no person shall stable or corral any horse or mule within 100 feet of any dwelling house other than that occupied by him or it, or to stable more than 2 horses or mules within 200 feet of any dwelling house other than that occupied by him or it.

C.

No person, firm or corporation shall keep or stable any burro or burros, or donkey or donkeys, within 200 feet of any dwelling house other than that occupied by him or it.

D.

Necessity for Horse Registration—Exception. No person owning or having custody or control of any horse shall keep such horse unless the horse is validly registered or licensed with the city as provided by this chapter; provided, however, that the provisions of this title shall not apply to any horse temporarily brought into the city for a period of not to exceed 30 days for the exclusive purpose of being entered in a horse show or exhibition.

E.

Application for Horse Registration—Fees. Application for horse registration shall be made to the city assessor, tax and license collector or his deputies accompanied by a registration fee of $5.00 per year for each horse.

F.

Horse Registration to be Posted. Every person obtaining a horse license as provided by this chapter shall post such certificate of registration and keep the same posted at all times at or near the door, gate or other entrance to the place where the horse is usually kept.

G.

Registration Period. All registrations provided for in this chapter shall be valid for the year of issue only, and shall expire on the 30th day of June following the issuance of the registration unless otherwise provided in this chapter.

(Ord. 5574 § 4, 1982: Ord. 5368 § 11, 1978; Ord. 4384 § 4.04(b), 1956)

A.

It is declared to be a nuisance and no person shall keep or maintain any goat within 100 feet of any dwelling house other than that occupied by him or it, or 2 goats within 200 feet of any dwelling house other than that occupied by him.

B.

It is declared to be a nuisance and no person shall keep or maintain more than two goats on any premises within the city of Pasadena.

C.

No person shall keep or maintain any male goat exceeding the age of 6 months within the city.

(Ord. 5574 § 5, 1982: Ord. 4384 § 4.04(c), 1956)

It is declared to be a nuisance, and no person shall keep or maintain any hog or hogs within the city of Pasadena.

(Ord. 4384 § 4.07, 1956)

It is declared to be a nuisance, and no person shall keep, maintain or permit upon any lot or parcel of land within the city under his control, any animal or animals, including any fowl or fowls, which by any sound or cry shall disturb the peace and comfort of any neighborhood, or interfere with any person in the reasonable and comfortable enjoyment of life or property.

(Ord. 4384 § 5.02, 1956)

Except as provided in Section 6.20.030(B), no person shall keep any animal, fowl or bird, wild or domestic, other than dogs, cats, canaries, or birds of the psittacinae family, within 50 feet of any property line and within 100 feet of any inhabited structure, school or hospital; provided, however, that when any person keeps more than 4 birds of the psittacinae family, he shall keep such birds at least 35 feet from any of said structures.

(Ord. 5574 § 6, 1982: Ord. 4661 § 8, 1964: Ord. 4384 § 4.09, 1956)

(Ord. No. 7239, § 5, 2-10-2014)

The exterior boundaries of any property consisting of two or more contiguous lots shall constitute the property line for purposes of compliance with any of the distance requirements set forth in this chapter; provided, that the contiguous lots form 1 property and all of the contiguous lots are held in record title by the same person.

(Ord. 6003 § 1, 1983)

Subject to the provisions of this chapter, the poundmaster may grant an exemption from the distance requirements set forth in Sections 6.20.030, 6.20.080, 6.20.090, 6.20.100 and 6.20.130 and as a requirement thereof may impose such conditions or restrictions as the poundmaster deems appropriate in any specific case. No exemption shall be granted unless the poundmaster has conducted an exemption hearing as required herein.

(Ord. 6003 § 2 (part), 1983)

(Ord. No. 7239, § 6, 2-10-2014)

Any person affected by the distance requirements set forth in Sections 6.20.030, 6.20.080, 6.20.090, 6.20.100, and 6.20.130 may petition the poundmaster for an exemption from any of the said requirements. The petition must be in writing on a form prescribed by the poundmaster, and must contain a complete description of the property involved and a statement of facts

relied upon by the petitioner to support the exemption. The petition may be filed only by either the record owner of the land or a tenant lawfully in possession who has the written consent of the record owner of the land to make such petition.

(Ord. 6003 § 2 (part), 1983)

(Ord. No. 7239, § 7, 2-10-2014)

Any exemption granted pursuant to this chapter shall not be transferable.

(Ord. 6003 § 2 (part), 1983)

An exemption authorized by the poundmaster shall not take effect until the 30th calendar day after the mailing of the notice of the decision granting said exemption; provided, however, that the exemption shall be stayed if any person appeals the decision of the poundmaster pursuant to Section 6.20.270 of this chapter, and the stay shall remain in effect unless the exemption is sustained by the city manager or designee.

(Ord. 6003 § 2 (part), 1983)

(Ord. No. 7239, § 8, 2-10-2014)

The exemption hearing shall be noticed with said notice to be given by posting notices on both sides of each street on which the property proposed for exemption abuts; the posting of such notice shall extend along such street or streets for a distance of not less than 300 feet from the exterior limits of such property. Such notice shall also be placed upon all property which abuts or adjoins the property involved. Notice shall also be mailed to the petitioner and any person who resides at or who is assessed on any property located within 300 feet of the exterior limits of the property for which the exemption is sought.

(Ord. 6003 § 2 (part), 1983)

Upon the filing with the poundmaster of a petition for exemption, the matter shall be set for a public exemption hearing before the poundmaster within 60 days of the filing of the petition.

(Ord. 6003 § 2 (part), 1983)

(Ord. No. 7239, § 9, 2-10-2014)

A.

The poundmaster upon application for an exemption shall investigate all matters relating to the petition.

B.

The poundmaster in considering the petition shall take into consideration the character of the activity proposed by the petitioner, the land proposed to be occupied, the general effect upon the neighborhood of such exemption, and the effect upon all residential properties located within 300 feet of the exterior boundaries of petitioner's property. If the poundmaster finds that the enforcement of the distance requirements of this chapter in the specific case would result in unnecessary hardship to the petitioner and that the proposed exemption will not be detrimental to the public welfare or convenience nor injurious to the neighborhood, the poundmaster may grant the exemption.

(Ord. 6003 § 2 (part), 1983)

(Ord. No. 7239, § 10, 2-10-2014)

Any person aggrieved by a decision of the poundmaster to approve or deny an exemption shall have the right of appeal, provided that the appeal is perfected within 15 days after notice of the decision. The appeal shall be perfected by filing a letter of appeal with the city manager or designee with the basis for the appeal stated therein, and paying a filing fee in an amount established by resolution adopted by the city council.

(Ord. 6003 § 2 (part), 1983)

(Ord. No. 7239, § 11, 2-10-2014)

Failure to file a letter of appeal within the 15 days shall constitute a waiver of appellant's right to an appeal hearing, but the city manager or designee in his discretion may nevertheless grant such appeal hearing.

(Ord. 6003 § 2 (part), 1983)

(Ord. No. 7239, § 12, 2-10-2014)

The city manager or designee shall fix the time and place of the appeal hearing at a date within 30 days after his receipt of the letter of appeal. The city manager or designee shall appoint an appeal hearing officer, and shall give the appealing party and any other person requesting same at least 10 days' notice of the time and place of such hearing. The notice shall be substantially in the following form, but may include other information:

You are hereby notified that a hearing will be held at _______, on _______ at the hour of _______, at which time you may show cause why the appeal which you have filed should be sustained. You may be represented by counsel at the hearing.

(Ord. 6003 § 2 (part), 1983)

(Ord. No. 7239, § 13, 2-10-2014)

A.

At the time and place set for the appeal hearing, the appeal hearing officer shall give the appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the poundmaster should not be upheld. In all such cases, the burden of proof shall be upon the appellant, who may be represented by counsel, to show that the decision of the poundmaster is not appropriate as measured by the standards specified in Section 6.20.260.

B.

The appeal hearing officer shall submit a written report to the city manager or designee. The report shall contain a brief summary of the evidence considered, findings of fact and the recommendations of the appeal hearing officer. In addition, the report shall contain a proposed decision, in such form that it may be adopted by the city manager or designee as his decision in the appeal. If the city manager or designee approves the decision of the appeal hearing officer, it shall be final and conclusive. The city manager or designee shall transmit the decision to the poundmaster who shall comply with the decision. If the city manager or designee does not approve the decision, he shall independently review the evidence taken at the hearing for the purpose of determining if the decision of the poundmaster should be upheld. The decision of the city manager or designee shall contain findings of fact, a determination of the issues presented, and shall be final and

conclusive. The city manager or designee shall transmit the decision to the poundmaster who shall comply with the decision. The poundmaster shall, within 30 days of receipt of the city manager's or designee's decision, mail a copy of the decision to the appellant. It should be conclusively presumed that the appellant received the decision within 5 days after same was mailed.

(Ord. 6003 § 2 (part), 1983)

(Ord. No. 7239, § 14, 2-10-2014)

Additional procedures for appeals and hearings under this chapter may be adopted by a resolution of the board of directors.

(Ord. 6003 § 2 (part), 1983)