Part 7 — SMALL ANIMALS AND LIVESTOCK

A.

It is unlawful for any person to maintain livestock or more than six (6) small animals without a permit.

B.

A person that maintains fewer than seven (7) small animals in violation of this title or state law may become subject to the permit requirement of this part. The administrator must provide the owner/guardian or person with a right to control the small animals written notice of the requirement to obtain a permit.

C.

The permit requirements do not apply to circuses, carnivals, agricultural shows or exhibits, and other similar enterprises which operate for limited periods only, where a permit to conduct such enterprises has been granted in accordance with this title relating to the operation of such enterprises, nor to any pet shop, pet grooming business or animal menagerie as said terms are defined in this title.

(Ord. 28079.)

It is unlawful for any person to maintain livestock or more than six (6) small animals in violation of this part.

(Ord. 28079.)

A.

Applicants for a permit to maintain livestock or small animals must submit the application form to the administrator.

B.

A permit may only be issued after the applicant shows, through an inspection of the premises, that he or she would comply with the provisions of this title and state law.

C.

The permit is valid for a period of two (2) years from the date of issuance.

(Ord. 28079.)

The fee for a permit to maintain livestock or small animals must be set forth in the schedule of fees adopted by resolution of the city council. No application may be accepted as complete until all fees so imposed have been paid.

(Ord. 28079.)

Any person issued a permit to maintain livestock or small animals may renew the permit for an additional two (2) years subject to similar permit conditions. The application for renewal must be submitted to the administrator prior to the expiration of the permit.

(Ord. 28079.)

The permit to maintain livestock or small animals may not be sold, assigned or transferred, and may cover only the premises designated and the person to whom the permit was originally issued.

(Ord. 28079.)

The administrator may deny or revoke a permit issued pursuant to this part in any of the following situations:

A.

The administrator has determined by inspection of the premises where the livestock or small animals are maintained that the applicant cannot comply with the requirements of this part, the title, or applicable state law, or the permit holder is in violation of the permit conditions.

B.

The administrator has reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for a permit.

(Ord. 28079.)

If the administrator seeks to deny the application or revoke the permit, the administrator must send the applicant or permit holder a notice of intent to deny or revoke, which must state the following:

The reasons for the denial or revocation;

That the applicant or permit holder must remove all livestock and small animals from the premises covered by the permit or permit application, within ten (10) business days after service of the notice of intent to deny or revoke. Service may be personally or by first-class mail, postage prepaid;

That the applicant or permit holder may appeal the intended decision by requesting a hearing in writing;

That the request for a hearing must be received by the administrator within five (5) business days after service of such notice if he or she wishes to challenge the denial or revocation. Service may be personally or by first-class mail, postage prepaid;

If the written appeal to the hearing officer is made, the applicant or permit holder may maintain the livestock and small animals on the premises if the maintenance of these animals on the premises pending the hearing will not result in harm to the animals or unreasonably impact the public health and safety of the neighboring community;

That the failure to request a hearing within the time specified may result in the seizure of the livestock and small animals; and

That the failure to appeal the administrator's intended decision terminates the applicant or permit holder's right to a hearing.

(Ord. 28079.)

A.

Upon receipt of a request for a permit denial or revocation hearing, the hearing officer must set the date, time, and place for the hearing. The hearing officer must cause notice of the hearing to be mailed to the person requesting a hearing at least five (5) business days before the date of the hearing.

B.

At the hearing, the applicant or permit holder and the administrator may be represented by counsel, may present evidence, and may cross-examine witnesses. Strict rules of evidence do not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

C.

Any witness appearing may present evidence.

D.

The hearing officer may also cause notice to be sent to the owners of each property within three hundred (300) feet of the property designated in the permit or permit application. This notice must state:

The date, time, location, and nature of the hearing;

The reasons for the denial or revocation; and

That the parties notified have a right to present any relevant evidence with regard to the denial or revocation of the permit.

(Ord. 28079.)

A.

The decision of the hearing officer is final. Any appeal of the final administrative decision must be pursuant to Section 1.16.010.

B.

The hearing officer's decision must be supported by evidence on the record.

C.

If the hearing officer upholds the decision to deny the permit application or revoke the permit, then the hearing officer may direct that the owner/guardian and person with a right to control the livestock or small animals remove all livestock and small animals from the premises covered by the permit or permit application within ten (10) business days after service of the notice of decision. Service may be personally or by first-class mail, postage prepaid.

(Ord. 28079.)

A.

The owner/guardian and person with a right to control the livestock or small animals must keep the premises where the livestock or small animals are maintained fenced to prevent such animal from straying or running at large upon any public street or other public place, or upon any private place or property or common area of any planned development, cluster, townhouse, or condominium project without the consent of the owner or person in control thereof.

B.

If the small animal is a homing pigeon, the homing pigeon must be confined to the enclosure or structure and may only be released for exercise, training or competition if the homing pigeon is fitted with a leg band which contains a serial number issued by a pigeon registry and the homing pigeon does not perch or otherwise linger on the building or property of another without their consent.

(Ord. 28079.)

A.

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

B.

The floor of any premises, enclosure, or structure for the use of small animals must be smooth and tight to prevent the accumulation of water, debris, refuse, manure, excreta, or like material, and the harboring of vermin and wild animals. A wire floor may be used if appropriate for the small animal and is maintained to prevent injury to the animal.

C.

Evidence of a lack of sanitary maintenance of the premises, enclosure, or structure may include (1) 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 small animals or livestock, (2) 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 small animals or livestock, and (3) the presence of numerous flies or fly larvae in the vicinity.

(Ord. 28079.)

A.

Any small animal or livestock must have adequate enclosures, structures, or shading to allow an animal maintained outdoors to (1) protect themselves from the direct rays of the sun when the sunlight is likely to cause overheating or discomfort, and (2) remain dry during the rain;

B.

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

C.

The enclosure or structure must be situated to prevent exposing the animal to (1) unreasonably loud noise or (2) teasing, abuse, or injury by another animal or person;

D.

If the livestock or small animal is confined in an enclosure or structure, the enclosure or structure must be:

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

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

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.

(Ord. 28079.)

A.

Any small animal or livestock 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 or the ground.

B.

Water containers must be clean and must be emptied and refilled with fresh water every twenty four (24) hours or alternatively if the water is provided by an automatic or demand device, the water supply connected to the device must function twenty four (24) hours a day. This subsection does not apply to livestock that is pastured.

(Ord. 28079.)

A.

Any small animal or livestock 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.

B.

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.

C.

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

(Ord. 28079.)

Any small animal or livestock must receive veterinary treatment from a veterinarian licensed by the State of California when such treatment is necessary to alleviate the animal's suffering or prevent the transmission of disease.

(Ord. 28079.)

Any small animal or livestock 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.

(Ord. 28079.)

Any small animal or livestock must be handled, moved, or shipped in a manner consistent with Section 7.40.090 and to insure the health and safety of the animal.

(Ord. 28079.)

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 fly proofed container until the material is removed from the premises or buried under the soil surface as fertilizer.

(Ord. 28079.)

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

(Ord. 28079.)

A.

It is unlawful for any person to keep livestock within two hundred (200) feet of any dwelling unit other than the dwelling unit of the owner/guardian of the livestock or person with a right to control the livestock.

B.

It is unlawful for any person to keep livestock within thirty-five (35) feet of the dwelling unit of the owner/guardian of the livestock or the person with a right to control the livestock.

(Ord. 28079.)

A.

Lands which are annexed to the city and upon which any barn, stable or roofed structures are existing and were being used for the shelter of livestock at the time of annexation, are exempt from the provisions of Section 7.60.800. This exemption from the requirements of Section 7.60.800 does not apply to structures which are placed on the annexed lands after the date of annexation.

B.

The following regulations apply to those lands exempted under Subsection A. of this section:

Any barn, stable, or roofed structures existing at the time of annexation and used for the shelter of livestock must be located no closer than one hundred (100) feet to any dwelling unit or swimming pool on the property adjacent to the property where said animals are kept.

All barns, stables, or roofed structures existing at the time of annexation and used for the shelter of livestock must be located no closer than twenty-five (25) feet from a residence on the subject property.

Any corral, fenced area, or restraint for livestock may not be located closer than sixty (60) feet to a dwelling unit or swimming pool on the property adjacent to the property where said animals are kept.

C.

Nothing herein contained, nor any exemption granted hereunder permits the maintenance of a public nuisance or permits the violation of any other applicable law, ordinance, or regulation.

(Ord. 28079.)

It is unlawful for any person to keep livestock or small animals subject to a permit under this Part within any side setback area as defined by San José Municipal Code Section 20.200.1110.

(Ord. 28079.)

It is unlawful to maintain more than the maximum number of small animals either of the same type or combination thereof within the designated distances as set forth below in this section. Designated distances are the distance measured from the enclosure or structure housing such small animals to the nearest dwelling unit other than the permittee's.

Designated Distance Maximum Number of Small Animals

Less than 20 feet 0

More than 20 feet but less than 40 feet 6

More than 40 feet but less than 50 feet 10

More than 50 feet 20

(Ord. 28079.)

It is unlawful for any person to maintain a rooster over four (4) months of age.

(Ord. 28079.)