San Anselmo Municipal Code Ch. 1 Animals

Pursuant to California Government Code Section 50022.9, the Marin County regulations addressing animals, which are set forth in Title 8 (Animals) of the Marin County Code, along with the fees to be collected for animal control services, are hereby adopted by reference and shall be in full force and effect within the Town of San Anselmo. This section will be automatically updated with any amendment to Title 8 of the Marin County Code.

(§ 1, Ord. 773, eff. November 22, 1979, as amended by § 1, Ord. 916, eff. March 15, 1991, § 1, Ord. 923, eff. November 21, 1991, Ord. 948, eff. August 13, 1993, Ord. 980, eff. April 10, 1997, Ord. 994, eff. June 25, 1998, and § 1, Ord. 1035, eff. November 25, 2003; repealed and replaced by Ord. 1063, eff. May 8, 2008)

(Ord. No. 1123, § 2, 5-22-2018)

(a) As provided in Section 8.04.070, any owner failing to procure and pay for such license within the period allowed in Section 8.04.030 of this chapter shall pay a delinquent penalty in the amount set forth by separate ordinance of the Board of Supervisors. The delinquent penalty may be waived where failure to pay is due to reasonable cause and circumstances beyond the control of the dog owner/guardian which shall be determined by the animal services agency or the County Administrator's Office. Any person dissatisfied with a determination denying waiver of the delinquent penalty shall be entitled to a hearing which shall be conducted pursuant to the provisions of Section 8.04.122.

(b) As provided in Section 8.04.184(c), any person or entity other than a licensed California wildlife rehabilitator or an American Zoological Association (AZA) accredited facility, who boards, has, keeps, maintains, displays, or has in his/her possession or control, for any length of time, any wild and/or undomesticated animal in violation of any of the provisions of Sections 8.04.182 through 8.04.184 of this chapter shall be guilty of a misdemeanor and shall be subject to imprisonment in the county jail for not more than six (6) months or a fine not to exceed one thousand ($1,000.00) dollars or both.

(c) As provided in Section 8.04.260(a), except where otherwise provided, any person violating any of the provisions of Section 8.04.179, 8.04.180, 8.04.181, 8.04.225, 8.04.230, 8.04.240, 8.04.245 and 8.04.246 of this chapter is guilty of a misdemeanor.

(d) As provided in Section 8.04.260(b) of the Marin County Code, except where otherwise provided, any person or persons violating any provision or provisions of this chapter is guilty of a misdemeanor and punishable by a fine of not more than five hundred ($500.00) Dollars or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

(e) As provided in Section 8.08.030 of the Marin County Code, any person or persons violating any provision or provisions of Chapter 8.08 shall be deemed guilty of a misdemeanor and punishable at a fine of not more than Five Hundred and no/100ths ($500.00) Dollars or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

(f) As provided in Section 8.12.020, every owner, guardian, or claimant of any dog accustomed to or having the propensity to hunt, chase, course or kill deer who suffers or permits such hound or hounds or other dogs to go or run at large in the County of Marin shall be guilty of a misdemeanor.

(g) As provided in Section 8.12.030, any person violating any provision of Chapter 8.12 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by fine of not less than One Hundred and no/100ths ($100.00) Dollars, nor more than Five Hundred and no/100ths ($500.00) Dollars.

(Ord. 995 (part), eff. June 25, 1998, and § 2, Ord. 1035, eff. November 25, 2003; repealed and replaced by Ord. 1063, eff. May 8, 2008)

(Ord. No. 1123, § 2, 5-22-2018)

Excluded from the provisions of Section 5-1.01 are ostriches housed at any ostrich farm existing on the operative date of this amendment, so long as the owner or operator of any such ostrich farm obtains a permit from the Marin Humane Society within sixty (60) days thereafter. Any such ostrich farm may continue to exist as permitted until such farm is closed or abandoned for a period of six (6) months.

(§ 1, Ord. 773, eff. November 22, 1979, as amended by § 1, Ord. 916, eff. March 14, 1991; repealed by Ord. 925, eff. November 21, 1991, as amended by Ord. 994, eff. June 25, 1998, and § 3, Ord. 1035, eff. November 25, 2003)

(a) It shall be unlawful for the owner or person having control of any dog to allow such dog to defecate upon any public property or any private property not owned or possessed by the person owning or having control of the dog unless the person immediately removes and disposes of the feces in a sanitary manner.

(b) Any person violating this section shall be guilty of an infraction and upon conviction shall be subject to payment of a fine not to exceed the limits set forth in Section 36900 of the Government Code.

(§ 1, Ord. 965, eff. May 11, 1995, as amended by Ord. 994, eff. June 25, 1998)

Keeping a small number of chickens is consistent with residential use. Chickens are permitted to be in all Residential Zoning Districts subject to the following provisions:

(a) No rooster may be kept within the municipal limits of the Town of San Anselmo with or without a permit.

(b) No person shall keep hens within the municipal limits of the Town of San Anselmo without a permit issued by the Town of San Anselmo. All permits are issued subject to the conditions and requirements set forth in this section. The permit may be revoked for any violation of this section or applicable zoning regulations.

(c) Permit review and approval procedures.

1. Application. An application for a residential chicken-keeping permit shall be filed with the Planning Department on forms prescribed by the Planning Director, along with any plans or additional information required and a fee as established by a resolution of the Town Council. The application shall include, in part, evidence supporting the requirements of this section:

2. Review and Approval Authority. The Planning Director or her/his designee shall review and approve, conditionally approve, or deny a chicken-keeping permit application administratively with no public meeting.

(d) Criteria for Permit. A residential chicken-keeping permit shall be issued if the property owner agrees to comply with all of the following standards:

1. Chicken coops shall be located at least twenty five feet from neighboring residences.

2. Chicken coops shall comply with applicable setback regulations of Title 10, Chapter 3, Table 4A, regardless of height. Exceptions to the setback requirements may be granted with a Minor Exception pursuant to Title 10, Chapter 3, Section 10-3.411 Table 4B.

3. Maximum of six hens. A residential chicken-keeping permit allows a property owner to keep a maximum of six hens. However, the Planning Director may approve a permit to allow up to twelve hens with written consent of all adjacent property owners or when special circumstances exist that would mitigate any impacts from a larger number of hens including, but not limited to, large parcel size, distance from adjoining parcels, and use of adjacent sites.

(e) Nonconforming chickens and coops. Chickens being lawfully kept prior to the adoption of this section shall be allowed to remain until they are sold, moved, or have lived out their life. Owners of nonconforming chickens shall be subject to the minimum standards for keeping chickens in Section 5-1.05(g) of this chapter. Legal nonconforming chicken coops and runs that existed prior to the adoption of this section may remain subject to Section 10-3.607 (Nonconforming uses and improvements) and subject to the minimum standards for keeping chickens in subsection (g) of this section.

(f) Expiration. Any residential chicken-keeping permit shall be valid until revoked.

(g) Minimum standards for keeping chickens. Sheltering facilities and outdoor areas for chickens shall be maintained in a clean condition so as not to be foul, hazardous or detrimental to the health, safety or welfare of humans or animals. Feed must be stored in rodent-proof containers. It is unlawful to allow any smell or noise associated with keeping fowl, whether permitted or not, which causes annoyance or discomfort to a reasonable person of normal sensitivity in the area. Evidence of unclean conditions includes, but is not limited to, numerous flies, fly larvae in the vicinity of the chickens or on the property, an accumulation of debris, refuse or manure, or offensive odors and rat droppings. An odor is offensive if it can be detected at the adjoining property line. Rooster crowing may be considered an annoying noise.

(h) Penalties for Violation.

1. Any violation of the provisions of this section is hereby declared a public nuisance and shall be subject to abatement in the manner set forth in Title 1 Chapter 2.

2. Any person violating provisions of this section may be deemed guilty of an infraction and shall be subject to penalties pursuant to Section 36900 of the California Government Code, as amended.

3. Each and every day that any violation of this section continues, is committed or is permitted to continue shall be regarded as a new and separate offense.

4. The remedies provided in this section shall be cumulative and not exclusive.

(Ord. No. 1108, § 1, 7-26-2016)