San Diego Municipal Code Div. 7 Animals and Poultry

(“Animals” added 2–10–1953 by O–5486 N.S.) (Retitled to “Animals and Poultry” on 5–12–1953 by O–5588 N.S.)

Health regulated businesses shall include the business of trafficking in or raising, selling or exchanging any birds, cats, dogs or other pets, all of which, for the purpose of this Division, are called “pets.” (Retitled to “Pet Shops— Dealing in Animal Pets Regulated” and amended 9-150-1980 by O–15327 N.S.)

No Health Permit for the activities included in this Division shall be valid unless it shall have been approved by the Planning Commission as not being in conflict with ordinances and local regulations concerning planning and zoning. (Retitled to “Pet Shops— Conformance to Zoning Required” and amended 9-15-1980 by O–15327 N.S.)

All animals in pet shops shall be kept not less than twenty (20) feet from any door, window or opening of any private dwelling. If, however, any pet shop has been established in a congested area, the animals shall be held in a soundproof room. (Retitled to “Pet Shops— Proximity to Residence–Soundproofing” and amended 9–15–1980 by O–15327 N.S.)

Suitable holding facilities shall be provided to protect pets from inclement weather.

Adequate feed and water shall be furnished to all pets. All feed shall be stored in
ratproof containers tightly covered and protected against rats and other
contamination. Meat shall be kept in a properly maintained refrigerator until used.
(Retitled to “Pet Shops— Care of Pets” and amended 9–15–1980 by O–15327 N.S.)

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The floors of all structures used for the purpose of housing or keeping pets must be impervious to moisture and be kept in a sanitary condition. All such structures must be whitewashed or painted a light color and maintained in good repair at all times. (Retitled to “Pet Shops— Sanitary Regulations” and amended 9–15–1980 by O–15327 N.S.)

(a) It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog, cat, or rabbit in any pet shop, retail business, or other commercial establishment located in the City of San Diego, unless the dog, cat, or rabbit was obtained from a city or county animal shelter or animal control agency, a humane society, or a non-profit rescue organization. All pet shops, retail businesses, or other commercial establishments selling dogs, cats, or rabbits shall maintain a certificate of source for each of the animals and make it available upon request to animal control officers, law enforcement, code compliance officials, or any other City employee charged with enforcing the provisions of this section.

(1) For purposes of this section, a commercial establishment is defined as
any for-profit business enterprise, including a sole proprietorship
engaged in retail or wholesale commerce related to dogs, cats, and
rabbits, including grooming parlors, canine day care, and boarding
facilities.

(2) For purposes of this section, a non-profit rescue organization is
defined as any California non-profit corporation that is exempt from
taxation under Internal Revenue Code section 501(c)(3), whose
mission and practice is, in whole or in significant part, the rescue and
placement of dogs, cats, or rabbits; or any non-profit organization that
is not exempt from taxation under Internal Revenue Code section
501(c)(3) but is currently an active rescue partner with a City or
County of San Diego shelter or humane society, whose mission is, in
whole or in significant part, the rescue and placement of dogs, cats, or
rabbits.

(3) For purposes of this section, a certificate of source is defined as any
document from the source city or county animal shelter or animal
control agency, humane society, or non-profit rescue organization
declaring the source of the dog, cat, or rabbit on the premises of the
pet shop, retail business, or other commercial establishment

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(b) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they were bred and reared.

(c) Nothing in this section shall prevent the owner, operator, or employees of a
pet shop, retail business, or other commercial establishment located in the
City of San Diego from providing space and appropriate care for animals
owned by a city or county animal shelter or animal control agency, humane
society, or non-profit rescue organization and maintaining those animals at
the pet shop, retail business, or other commercial establishment for the
purpose of public adoption.
(“Pet Shops – Prohibition of the Sale of Dogs, Cats, and Rabbits” added 8-5-2013 by
O-20280 N.S.; effective 9-4-2013.)

Health regulated businesses shall include the keeping or maintenance of more than:

(a) Twenty–five fowl and rabbits; or

(b) 100 racing or homing or fancy pigeons; or

(c) Any combination of (a) and (b) which exceeds 100.

(Retitled to “Fowl, Rabbits, Racing and Homing Pigeons and Fancy Pigeons
Regulated” and amended 1–27–1997 by O–18378 N.S.)
(Amended 2-22-2012 by O-20138 N.S.; effective 3-23-2012.)

Regulations and Exceptions

(a) No fowl or rabbits shall be kept or maintained within fifty feet of any building
used for residential purposes, except as may be permitted in section
42.0709(e).

(b) All food for fowl, rabbits or racing or homing or fancy pigeons shall be stored
in containers which offer protection against rodents as required in this
Chapter.

(c) All fowl, rabbit or racing or homing or fancy pigeon droppings and food
scraps shall be properly disposed of at least once a week or more frequently if,
in the opinion of the Director of Public Health, it is necessary to prevent an
unsanitary condition.

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(d) No person shall keep or maintain in a residential zone more than:

(1) Twenty–five fowl and rabbits; or

(2) 100 racing or homing or fancy pigeons; or

(3) Any combination of (1) and (2) that exceeds 100.

(e) Keeping or maintaining chickens located on a premises zoned for a single
dwelling unit, developed with a single dwelling unit, developed with a
community garden in accordance with section 141.0203, or developed with a
retail farm in accordance with section 141.0506, is subject to the following
requirements, except that section 42.0709(e) shall not apply to single dwelling
units located in agriculture base zones.

(1) No rooster shall be permitted on the premises.

(2) The number of chickens permitted and the location of the chicken
coop are as follows:

(A) Up to five chickens may be kept on a premises, provided that
the coop is located outside of all required setbacks as
established by Chapter 13, Article 1 of this Code;

(B) Up to fifteen chickens may be kept on a premises, provided
that the coop is located outside of all required setbacks, as
established by Chapter 13, Article 1 of this Code, or 15 feet
from the property line, whichever is greater; and

(C) Up to twenty-five chickens may be kept on a premises, provided that the coop and the enclosure are a minimum of 50 feet from any structure used for residential purposes.

(3) All chickens shall be housed in coop that is designed to be:

(A) Predator proof;
(B) Thoroughly ventilated;
(C) Watertight;
(D) Easily accessed and cleaned; and
(E) A minimum of six square feet of area per chicken.

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(4) Direct access from the coop to an outdoor enclosure shall be provided
with the outdoor enclosure designed to be:

(A) Predator proof;
(B) Easily accessed and cleaned;
(C) Fenced to contain the chickens; and
(D) A minimum of ten square feet of ground area per chicken.

(f) Nothing contained in this section shall be deemed or construed to prohibit the
keeping of fowl, rabbits, or racing, homing, or fancy pigeons:

(1) In a coop, box or run located and kept within a schoolhouse, museum
or zoo for the purpose of study or observation;

(2) In a coop, box or run located and kept within a physician’s office or
laboratory, for medical research, medical treatment or scientific
purposes;

(3) On premises zoned for AG-1-1, AG-1-2, AR-1-1, AR-1-2, IL-3-1, and
IH-2-1;

(4) On premises where the fowl, rabbits, or racing, homing, or fancy
pigeons are sold in the ordinary and customary course of business, and
are not raised, bred or grown on such premises.
(Retitled to “Fowl, Rabbits, Racing or Homing Pigeons or Fancy Pigeons
Maintenance— Regulations and Exceptions” amended 1–27–1997 by O–18378 N.S.)
(Amended 2-22-2012 by O-20138 N.S.; effective 3-23-2012.)
(Amended 2-22-2017 by O-20793 N.S.; effective 4-12-2017.)

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Whenever any pets shall appear to have any communicable disease, the Health Department shall be notified immediately of such condition with such information as may be necessary and such pets shall be immediately isolated from healthy pets. If in the discretion of the Health Officer said pet is considered a menace to the health of other pets or people, he shall condemn said pet to be removed entirely from the premises and, if necessary, destroyed. No diseased pets shall be sold or given away, nor shall they be otherwise disposed of except in the manner authorized by the Health Officer. (“Diseased Pets — Notice to Health Department” added 2–10–1953 by O-5486 N.S.)

The presence of obnoxious odors or unsanitary conditions, or the failure to muzzle or place in sound proof kennels all dogs barking excessively or to a degree that annoys the immediate neighborhood, is hereby declared to be a public nuisance and may be summarily abated by the Health Officer. (“Pets — Noise, Odors — Declared Nuisance” added 2–10–1953 by O–5486 N.S.)

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Article 2: Health Regulated Businesses and Activities