Portola Municipal Code Ch. 6.08 Livestock Control

This chapter shall be known as and may be cited and referred to as the "livestock control ordinance."

(Ord. 261 (part), 1996)

For the purpose of this chapter unless it is plainly evident from the context that a different meaning is intended, the following terms are defined as follows:

"Livestock" means domestic animals customarily kept, used, maintained or raised on a farm or ranch, including but not limited to horses, ponies, burros, mules, donkeys, cows, steers, sheep, goats, swine, rabbits, fowl and other hoofed animals.

"Livestock control officer" means the person duly appointed by the city administrator to act in the enforcement of the livestock control program.

"Owner" means a person who has title to or an interest in, harbors, or has control, custody, or possession of an animal, and the verb form of "to own" includes all these shades of meaning.

"Person" means any person, firm, association, organization, partnership, business, trust, corporation, or company.

"Wild, exotic or nondomestic animals" means animals such as, but not limited to, deer, antelope, cougars, lions, wolves, coyotes, opossums, anteaters, armadillos, boas, pythons, racers, alligators, crocodiles, ferrets or any species of animals which are dangerous to human beings or other animals.

(Ord. 261 (part), 1996)

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land within the city owned by or under the control of such person, any cattle, horses, mules, donkeys, burros, swine, sheep, goats, rabbits, chickens, ducks, geese, turkeys, pigeons, game birds or other domesticated animals or fowl, except as specifically permitted under the provisions of this chapter.

Violation of this section is an infraction, for which punishment is a fine not to exceed two hundred fifty dollars.

(Ord. 261 (part), 1996)

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land within the city owned by or under the control of such person, any animal commonly designated as an "animal, wild" or "wild species," including but not limited to lion, tiger, leopard, bobcat, cheetah, puma, bear, monkey or other member of the ape family, rodent, serpent or reptile, except as specifically permitted under provisions of this chapter.

Violation of this section is an infraction, for which punishment is a fine not to exceed two hundred fifty dollars.

(Ord. 261 (part), 1996)

It is unlawful for any person to keep or maintain within the city, or permit to be kept or maintained upon land within the city owned by or under the control of such person, a hive of bees, except as specifically permitted under provisions of this chapter.

Violation of this section is an infraction, for which punishment is a fine not to exceed two hundred fifty dollars.

(Ord. 261 (part), 1996)

A. Notwithstanding the provisions of Sections 6.08.030, 6.08.040, 6.08.050 of this chapter, a person may keep within the city species of livestock, domestic fowl, wild animals, wild species or bees described in those sections upon obtaining from the livestock control officer a permit to do so. In order to issue such a permit, the livestock control officer must find, after investigation, that such keeping would not endanger persons or property, would not create a public nuisance and would not be contrary to a state law or any other city ordinance, specifically including the city zoning ordinance; he also must determine that the place of keeping is not within twenty-five feet of any family residence or building designated for human occupation, other than a building or residence occupied by the keeper.

B. Before acting upon an application for such permit, the livestock control officer shall submit to the planning agency a copy of the application, together with a copy of his investigation report and a statement of his decision; a copy of the investigation report and of the statement of decision shall at the same time be mailed to the applicant. Within thirty days after the date of such submission, the decision of the livestock officer may be appealed to the city council by the planning agency or by the applicant by filing a written notice of appeal with the city clerk. If no such appeal is filed within the thirty-day period, the livestock control officer may take action to approve the permit, approve the permit subject to conditions, or deny the permit, in accordance with the statement of decision submitted to the planning agency.

C. If an appeal of the livestock control officer's decision is taken pursuant to the provision of subsection B of this section, the city council shall, upon not less than fifteen days' prior written notice to the planning agency and to the applicant, hold a public hearing upon the application. Upon the conclusion of such hearing it shall render its decision, which shall be final.

D. Upon the filing of an application for permit under this section, the livestock control officer may, in his discretion, issue a temporary permit to the applicant if he finds, from all of the circumstances of the particular case, that it would be reasonable to do so and that doing so would not create a danger to persons or property or create a public nuisance. Such temporary permit shall expire on the date that final action is taken upon such application.

E. Fees and charges for filing and processing a permit application under this section shall be established, and from time to time may be amended, by resolution of the city council.

F. Notwithstanding the provisions of this section and of Sections 6.08.030 and 6.08.040 of this chapter, no permit shall be required for the keeping of mice, guinea pigs, hamsters, small birds, and exotic birds (other than birds of prey), which are confined in cages, or tropical fish or gold fish confined in aquariums or ponds.

(Ord. 261 (part), 1996)

An application for any permit required pursuant to Section 6.08.060 of this chapter shall be made to the livestock control officer in writing upon a form furnished by said officer, containing such information as the livestock control officer shall require in order to make a determination. The fee for a permit shall be as established from time to time by resolution of the city council and shall not be refundable. Permits granted shall be for the period of one year. An application for renewal of a permit shall be made at least forty-five days prior to the expiration thereof, and shall be accompanied by the same fee required at the time for an original application.

(Ord. 261 (part), 1996)

The livestock control officer may, for good cause, revoke any permit or modify the terms and conditions of any permit after informal public hearing, written notice of which shall be served upon the holder of the permit at least ten days prior to the date of the hearing; provided, that in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the livestock control officer may suspend or modify any permit without a hearing for a period of not to exceed thirty days.

(Ord. 261 (part), 1996)

Any person aggrieved by an action of the livestock control officer taken pursuant to the provisions of Section 6.08.080 of this chapter may upon the payment of an appeal fee fixed by resolution of the city council, have such action reviewed by the city council but the filing of such an appeal shall not stay any order of revocation or modification of such permit.

(Ord. 261 (part), 1996)