Porterville Municipal Code Art. III Animal Keeping

Animal keeping is allowed as an accessory use to a primary residential use. Animals may be kept in compliance with the following standards:

A. Residential Household Pets: Household pets such as domestic dogs, cats, birds, or other small animals ordinarily permitted inside of a dwelling and kept only for the company and pleasure provided to the occupants shall be permitted. Chickens may be allowed within certain residential zones subject to the conditions specified herein. Household pets shall not include horses, cows, goats, sheep or other equine, bovine, ovine or ruminant animals, pigs, chickens, ducks, geese, turkeys, game birds or fowl which normally constitute an agricultural use. At no time shall the combined number of animals kept exceed seven (7) animals. At no time shall the number of cats, dogs, or chickens exceed three (3) animals. It shall be unlawful to possess a combination of animals kept to exceed seven (7) residential household pets.

B. Keeping Of Chickens In Residential Areas: It is unlawful for any person to keep or maintain within single-family residential uses any chickens, except as follows:

1. A total of not more than three (3) chicken hens may be kept and maintained in a clean and sanitary environment.

2. No part of any structure (i.e., coop) shall be located less than thirty feet (30') from any residence, other than a residence owned and occupied by the person owning or in possession of such chickens. Further, the keeping of chickens shall not create a health or nuisance problem.

3. The permissive keeping of chickens shall be subject to the following minimum standards:

a. All chickens shall be kept in an area which is fenced so as to prevent the chickens from roaming, and such fenced area shall be wholly located within the rear yard of the site where the chickens are kept.

b. Within the fenced area, a shelter shall be provided of sufficient size to provide cover for the chickens kept on the parcel.

c. Enclosure areas shall be of sufficient size to provide adequate and proper housing so as to prevent overcrowding.

d. Roosters are expressly prohibited.

C. Agricultural Animals: The keeping of horses, cows, goats, sheep or other equine, bovine, ovine or ruminant animals is permitted in the AC and RR zone districts on lots one-half (0.5) acre or greater and on lots two (2) acres or larger developed as a single-family residential use, subject to zoning administrator approval, as long as the number of animals does not exceed one per fifteen thousand (15,000) square feet of lot area. The keeping of chickens, ducks, geese, turkeys, game birds or fowl is permitted with the total number not to exceed twelve (12) birds per gross acre. The raising of pigs is permitted in conjunction with an FFA or 4-H project for any recognized fair, the limit being one animal per student residing on the property. All animals other than household pets shall be housed or penned at a minimum distance of thirty five feet (35') from property lines and fifty feet (50') from any residence. All areas and structures used in conjunction with the keeping of animals other than household pets shall be maintained and cleaned so as not to present a public hazard or nuisance.

D. Unlawful To Keep Certain Animals: Except as permitted in subsections B and C of this section, it is unlawful for any person to keep, maintain or permit to be maintained bees, swine, llamas, roosters, chickens, pigeons, turkeys, pea fowl, waterfowl, ostriches and other "ratitae", or livestock on any premises within the city. In addition, predatory, wild, or endangered animals are not allowed within the city.

E. Permitted Animal Offspring: The offspring of any permitted animal may be kept until weaned, as long as they do not exceed the total number of animals allowed herein.

F. Keeping Of Animals For Commercial Purposes: The keeping of animals for commercial purposes shall not violate the provisions of chapter 21 of this code, which regulates kennels, pet stores, veterinary services, and animal raising. (Ord. 1824, 6-16-2015)

The following section provides the minimal requirements for the care and harboring of animals within the city limits. Nothing in this section is intended to conflict with any provision of chapter 21 of this code.

A. Sanitary Enclosure Requirements:

1. All premises, enclosures, or structures used, or intended to be used, for the harboring of animals must be cleaned and kept reasonably free of debris, refuse, manure, excreta, or like material as often as may be necessary to comply with the provisions of this section.

2. The floor of any premises, enclosure, or structure used for the keeping of animals must be smooth and tight to prevent the accumulation of water, debris, refuse, manure, excreta, or like material. A wire floor may be used if appropriate for the type of animal being harbored and if maintained to prevent injury to the animal.

3. Evidence of unsanitary or substandard maintenance of the premises, enclosure, or structure may include, but not be limited to, the following:

a. The accumulation of debris, refuse, manure, excreta, or other like material upon any surface within any such premises, enclosure, or structure used, or intended to be used, for the housing of such animals;

b. Any reasonably obnoxious odor or allergen arising from any condition existing within the premises, enclosure, or structure used or intended to be used for the housing of such animals; and

c. The presence of numerous flies or fly larvae in the vicinity.

B. Enclosure, Structure, Shading Requirements:

1. All animals must have adequate enclosures, structures, or alternate forms of shading to allow an animal maintained outdoors to:

a. Protect itself from the direct rays of the sun when the sunlight is likely to cause overheating or discomfort; and

b. Remain dry during the rain or other wet conditions.

2. The enclosure, structure, or shading must be accessible to the animal at all times.

3. The enclosure or structure must be situated to prevent exposing the animal to:

a. Unreasonably loud noise; and/or

b. Teasing, harassment, abuse, or injury by another animal or person.

4. If the animal is confined in an enclosure or structure, the enclosure or structure must be:

a. Of adequate size inside and outside the enclosure or structure to allow the animal to stand, sit, turn around freely, or lie down in a normal position, relieve itself away from its confinement, and safely interact with any other animal;

b. Adequately lighted to provide regular lighting cycles of natural or artificial light uniformly diffused throughout the shelter, and sufficient illumination for routine inspections and maintenance of the animal; and

c. Supplied with clean and dry bedding material or other means of protection from the weather elements to maintain the shelter at a temperature that is not harmful to the health of the animal.

C. Water Requirements:

1. All animals must have access to clean potable water at all times unless restricted for veterinary care. If the water is kept in a container, the container must be designed to prevent tipping and spilling of the water or be secured to a solid structure, object or the ground.

2. Water containers must be clean and must be emptied and refilled with fresh water as necessary to maintain cleanliness or, alternatively, if the water is provided by an automatic or demand device, the water supply connected to the device must be functional at all times.

D. Food And Feeding Requirements:

1. All animals must be provided food that is wholesome and be of sufficient quantity and nutritive value to maintain a healthy body weight and meet the normal daily requirements for the condition and size of the animal.

2. The food receptacles must be accessible to the animal and be placed in a location to minimize contamination from excreta and insects. Feeding pans must be durable and kept clean. Disposable food receptacles may be used and must be discarded after each feeding. Self-feeders may be used for dry food and must be sanitized regularly to prevent molding, deterioration, or the dense compaction of food.

3. Spoiled or contaminated animal food must be disposed of in a sanitary manner.

E. Veterinary Treatment Requirement: All animals must receive veterinary treatment from a veterinarian licensed by the state of California when such treatment is necessary to alleviate the animal's apparent suffering or prevent the transmission of disease.

F. Exercise Requirements: All animals must be provided the opportunity to exercise in order to maintain normal muscle tone and mass for the age, size, and condition of the animal.

G. Transportation Requirements: All animals must be handled, moved, or shipped in a manner to ensure the health and safety and overall comfort of the animal.

H. Refuse Container Requirements: Any debris, refuse, manure, excreta, or other like material conducive to the breeding of flies or that creates a reasonably obnoxious odor must be placed in a flyproofed container until the material is removed from the premises or buried under the soil surface as fertilizer.

I. Food Storage Containers: All grain or cereal intended for use as food for animals must be kept in containers with tightly fitted covers or other containers constructed to keep out vermin and wild animals.

J. Disposal Of Deceased Animals:

1. Upon the death of any animal, the owner or person in charge thereof shall provide for the burial, incineration or other disposition of the body of such animal in a manner not likely to result in an unsanitary condition. It shall be unlawful to dispose of any dead animal in any trash or garbage receptacle, whether public or private, to be hauled and carried into the general municipal solid waste stream. If the owner or person in charge of any dead animal is unable to provide for burial or other disposition, he/she may request the police department to remove and dispose of the body of such animal for a fee as set forth by a resolution of the city council in a fee schedule.

2. Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, the police department may remove and dispose of such body immediately. The owner or person who had legal custody of such animal at the time of removal shall, immediately upon city's demand for payment, pay the police department for costs incurred as established by a resolution of the city council in a fee schedule. (Ord. 1824, 6-16-2015)

Prohibited animals brought into the city limits as the result of a property annexation may be maintained on the annexed property for a maximum transitional period of three hundred sixty five (365) days from the date of annexation as long as the animals in question can legally be owned or possessed by law, are not classified as or presumed to be dangerous, and are in compliance with the ordinances of the county of Tulare at the time of annexation. Subsequent to the transitional period, the animals/property must be brought into compliance with the ordinances of the city of Porterville. (Ord. 1824, 6-16-2015)

A. It shall be unlawful for any person charged with the care of any animal or animals to cause or permit such animal to enter or remain in city owned or city managed buildings other than a building used for the purpose of care, detention, control, or treatment of animals, or a building used for training classes, shows, or exhibitions. This subsection shall not apply to persons using service animals, nor to dogs utilized by a public safety agency as a part of an Emergency Service Therapy Dog Program.

B. It shall be unlawful for any person, other than an individual actually in the process of working a dog or other animal for ranching purposes, to transport or carry the animal in a motor vehicle on any public highway, public roadway, or lot open to the public unless the animal is safely enclosed within the vehicle or secured by means of a container, cage or other device which will prevent the animal from falling from, jumping from, or being thrown from the motor vehicle. Dogs riding in the open area of a truck must be either in a secured cage or cross tied to the truck.

C. It shall be unlawful for any person to leave any dog or other animal in a vehicle or other enclosure without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which may adversely affect the health or well being of the animal. (Ord. 1824, 6-16-2015; amd. Ord. 1878, 11-7-2020)

A. It shall be unlawful for any person owning or having charge of any animal which that person knows to be infected with any disease transmittable to humans or detrimental to other animals to permit such animal to remain within the city limits other than at an approved veterinary hospital unless the police department or other appropriate authority approves an alternative means of confinement.

B. The police department is authorized to seize any animal reasonably believed to be infected with disease transmittable to humans or detrimental to other animals. (Ord. 1824, 6-16-2015)

It shall be unlawful for any person to engage in any activity likely to cause harm or maliciously, wilfully, or recklessly kill, maim, wound, mutilate, torment, torture or physically abuse any animal as defined in section 597 of the California Penal Code. (Ord. 1824, 6-16-2015)

It shall be unlawful to abandon any animal within the city limits. "Abandonment", as used herein, refers to acts clearly indicating intent on the part of an owner or person in control of an animal to permanently relinquish control over the animal. (Ord. 1824, 6-16-2015)

It shall be unlawful to kill, slaughter, or sacrifice any game animal or fowl inside the city limits of Porterville within the public view except on the premises or within the confines of establishments licensed for that purpose or within the confines of a recognized/licensed teaching institution as part of a curriculum. This section does not apply to police department employees acting in the capacity of animal control duties. (Ord. 1824, 6-16-2015)

A. It is declared to be a nuisance, and it shall be unlawful, for any person owning or having control or custody of any animal to do any of the following:

1. Permit an animal to defecate or urinate on any privately owned or occupied property other than that of the owner or the person having control of the animal;

2. Permit an animal to defecate on public property without immediately cleaning or removing the excrement to a proper receptacle;

3. Permit unsanitary conditions to exist on any premises where an animal is kept which would cause foul or obnoxious odors, attract flies or vermin or otherwise threaten public health and safety; or

4. Cause or permit any animal to run or wander on any public property or privately owned or occupied property or premises without the consent of the owner or occupant of the property.

B. If an unaltered animal is determined to be a nuisance pursuant to this subsection, upon a second offense the owner may be required to have the animal altered.

C. The owner or person in control of an animal that has been determined to be a nuisance on a second or subsequent occasion may be required to have a microchip inserted into the animal for identification purposes. In such instances, the microchip must be implanted by a licensed veterinarian within twenty (20) days of being classified as a nuisance for a second or subsequent offense and shall be at the expense of the owner or person in control of the animal. The owner or person in control of the animal shall provide the police department with a certificate of completion and provide the information listed on the microchip, which will be included in the licensing record for that animal.

D. Any police department employee acting in the capacity of animal control may seize and impound any animal causing a public nuisance.

E. Any private person may maintain an action under Civil Code section 3493 for enforcement of this chapter declaring certain acts a public nuisance, if such acts are especially injurious to such person. (Ord. 1824, 6-16-2015)

A. The police department may enter upon any yard, lot, or parcel of land for the purpose of investigating animal related nuisances.

B. If the investigating officer has reason to believe a nuisance exists, he/she may serve written notice of correction to the person or persons owning or having control of, or acting as agent for, leasing or occupying such premises, to abate or remove such nuisance within forty eight (48) hours or other reasonable time as stated in the notice. Such notice shall be served personally or, where the person responsible for such nuisance cannot be located, by posting the notice in a conspicuous place on the front door or entranceway.

C. It shall be unlawful for any person to knowingly, wilfully, or negligently fail to abate the nuisance alleged in the notice or fail to contest the allegations in the notice within forty eight (48) hours (or other time as specified in the notice) following receipt or knowledge of same.

D. Where the person upon whom the abatement notice is required to be served under subsection B of this section has been properly served but does not abate the nuisance within the time specified in the notice, the police department shall have the authority to do the following:

1. Where the nuisance is caused by an at large animal, a wild or exotic animal or a dangerous animal, the police department may follow the procedures relating to seizure and impoundment.

2. Where the nuisance is in the nature of noise or odors and is caused by an animal or animals by animal waste or other conditions on the premises that are the result of the keeping of the animals, the police department may abate the nuisance by substantially following the notice, hearing, and the abatement procedure. Cost recovery procedures will follow the same as set forth in the impoundment recovery procedures defined in this chapter pursuant to a fee schedule adopted by resolution of the city council. (Ord. 1824, 6-16-2015)

A. The police department may declare any animal to be dangerous whenever it has attacked, bitten or caused injury to any human being or other animal, or where there is evidence that an animal has acted in a threatening manner toward any human being, or has exhibited characteristics of being trained for fighting or attacking. Within two (2) days after an animal, which is wearing a license tag or can otherwise be identified, is impounded pursuant to this section, the police department shall serve notice of the finding to the owner of record via registered mail or deliver the same in person, advising the owner that the animal is dangerous and of the owner's right to a hearing on the issue of whether or not the animal is dangerous.

B. The owner of an animal confined or impounded pursuant to this section may, within the six (6) business day time period, not including the date of impound, provide application for redemption of the animal, requesting a hearing to determine whether or not the animal is dangerous.

C. When a hearing is requested pursuant to subsection B of this section, a date and time for such a hearing shall be set, and notice thereof shall be served to all involved parties including, but not limited to, the owner, witness(es), and victim(s) within five (5) business days. (Ord. 1824, 6-16-2015)

A. A hearing requested in accordance with this chapter shall be conducted before a person appointed by the chief of police to serve as a hearing officer.

B. The hearing shall be open to the public. The animal owner may be represented by an attorney. The hearing officer shall hear all pertinent evidence offered by any interested persons. The technical rules of evidence shall not be applicable to the hearing, except that the hearing officer's decision may not be based solely on hearsay evidence. All persons giving evidence shall be sworn in before testifying. The hearing will be recorded electronically by an uninvolved member of the police department. Copies of the hearing recording will be provided to the involved parties upon request.

C. Any animal which has attacked, bitten, or caused injury to a human being or other animal is presumed to be dangerous and the burden is on the owner to present evidence that the animal is not dangerous.

D. In making a determination that an animal is or is not dangerous, evidence of the following shall be considered:

1. Any previous history of the animal attacking, biting, or causing injury to a human being or other animal;

• 2. The nature and extent of injuries inflicted and the number of victims involved;
• 3. The place where the bite, attack, or injury occurred;
• 4. The presence or absence of any provocation for the bite, attack, or injury;
• 5. The extent to which property has been damaged or destroyed;

6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

7. Whether the animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or animals;

8. Whether the animal can be effectively trained or retrained to change its temperament or behavior;

9. The manner in which the animal had been maintained by its owner or custodian;

10. Any other relevant evidence concerning the maintenance of the animal;

11. Any other relevant evidence regarding the ability of the owner or custodian to protect the public safety in the future if the animal is permitted to remain in the city; and

12. Any other relevant evidence concerning the characteristics or behavior of the animal, or concerning the circumstances of the incident. (Ord. 1824, 6-16-2015)

A. At the conclusion of the hearing, the hearing officer may determine:

1. That the animal is not dangerous and should be returned to its owner; or

2. That the animal is not dangerous but that the attack, bite, or injury was the result of improper or negligent training, handling, or maintenance; or

3. That the animal is dangerous and it should be humanely destroyed after all appeal processes have been exhausted following the receipt of the hearing officer's decision.

B. If it is determined that the animal is not dangerous, but that the bite, attack, or injury was the result of improper or negligent training, handling, or maintenance and the owner is unable or unwilling to properly train, handle, or maintain the animal and that a similar incident is likely to occur in the future without proper training, handling, or maintenance, the animal may be destroyed.

C. If it is determined that the animal is not dangerous, but that the bite, attack, or injury was the result of improper or negligent training, handling or maintenance, but also that the owner is able and willing to properly train, handle, or maintain the animal and that similar incident is not likely to occur in the future with proper training, handling and maintenance, the animal may be returned to the owner with documentation of how to prevent future incidents.

D. The decision of the hearing officer shall be in writing and shall be delivered personally to the owner or mailed to him/her by certified mail.

E. The owner may, within ten (10) days of receipt of the hearing officer's written decision, appeal the hearing officer's decision to the Tulare County superior court pursuant to California Code Of Civil Procedure section 1094.6. The police department will be notified by the owner of the appeal in writing on the same date as the appeal was filed. (Ord. 1824, 6-16-2015)