Stanton Municipal Code Ch. 8.04 Animals

Note: Prior ordinance history: Ordinances 99, 149, 282 and 378.

Division 1 of Title 4 in its entirety and those portions of Division 1, 2 and 3 of Title 5 of the codified ordinances of Orange County, relating to animal control, animal welfare, animal license and animal health requirements are adopted by reference as if set forth fully herein except as follows:

A. Where the term "county" is used in the county code, the term means "city."

B. Where the term "board of supervisors" is used in the county codes, the term means "city council."

(Prior code § 8.04.010; Ord. 789 § 19, 1997)

A. Prohibitions. Under no circumstances shall any wild animal, rooster or member of the swine family be kept or maintained within the city except pursuant to a special permit issued by the city council.

B. Limitations. No more than three adult dogs, cats, rabbits or fowl and their offspring, shall be kept upon any premises in the city, except for aviaries, racing/homing pigeon lofts, boarding and grooming facilities, or hospital and veterinary facilities permitted or subject to a conditional use permit pursuant to the zoning code of the city. For the purposes of this chapter, "adult" means animal of four months of age or older.

(Prior code § 8.04.020; Ord. 667 § 2, 1987; Ord. 789 § 19, 1997)

Except as otherwise expressly permitted in this chapter, no person shall allow any animal under his ownership or control to enter upon any public property or upon any private property not owned by such person.

(Prior code § 8.04.030)

Cats and dogs may be permitted to enter upon publicly owned property unless otherwise expressly prohibited; provided, however, that no dog shall be permitted upon any public property or upon any unenclosed property whatsoever unless the dog is upon a leash not exceeding six feet in length, in the hands of a person capable of controlling the dog.

(Prior code § 8.04.040)

Horses may be ridden upon unpaved and unlandscaped portions of public streets and rights-of-way; may be led across streets in designated pedestrian or equestrian crosswalks; and may be ridden or led at any other location which is specifically posted to permit such activity.

(Prior code § 8.04.050)

A. No person in ownership or control of any animal shall allow such animal to defecate or urinate upon any public property except in a gutter or upon any private property not under the ownership or control of such person.

B. It shall constitute a separate and distinct violation of this section if the owner fails to clean up and remove such matter immediately upon the receipt of knowledge that such unlawful activity has occurred.

(Prior code § 8.04.060)

It is unlawful for any person owning, controlling or having in his care or keeping any animal, whether licensed or unlicensed, to suffer or permit such animal to disturb any other person in the quiet enjoyment of his or her property or damage or destroy the property of any person other than that of the owner of such animal.

(Prior code § 8.04.070)

A. The minimum lot area for keeping of any hoofed animals is fifteen hundred square feet. No more than one such animal may be kept for each five thousand square feet of property. No more than five adult hoofed animals shall be kept upon any one lot.

B. A minimum of three hundred eighty-four square feet of corral space and ninety-six square feet of usable covered shelter shall be provided for each hoofed animal.

C. If only one such hoofed animal is kept on any premises, it shall be kept at a minimum distance of fifty feet from any habitable dwelling unit. For each hoofed animal over one which is kept on any premises, an additional ten feet of distance shall be required between such animals and any habitable dwelling unit located on any adjacent property.

(Prior code § 8.04.080)

No chicken coop, pen or other enclosure for the housing of fowl shall be located within fifty feet of any habitable dwelling unit.

(Prior code § 8.04.090)

Nothing in this chapter shall restrict the operation of any bona fide commercial business which is lawfully conducted pursuant to the applicable laws and ordinances of the state, the county and the city.

(Prior code § 8.04.110)

A. Notwithstanding Section 8.04.020(B), it is unlawful to keep, maintain or permit a barking dog upon any premises in the city. For purpose of this section "barking dog" means a dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for thirty minutes or more in any twenty-four-hour period, or intermittent barking for sixty minutes or more during any twenty-four-hour period. A dog shall not be deemed a "barking dog" for purposes of the section if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked.

B. A violation of this section may be enforced by the issuance of an administrative citation either in accordance with the provisions of Chapter 1.12 of this code or, if enforcement is by an authorized representative the Orange County health care agency, in accordance with the applicable provisions Division 1 of Title 4 of the codified ordinances of the county of Orange pertaining to barking dog civil citations (the "county barking dog law"). For purpose of this section, an "enforcement officer" shall have the same meaning as set forth in Chapter 1.12 of this code and shall include any authorized animal care services employee or agent of the Orange County health care agency.

C. Any administrative citation issued pursuant to this section shall be subject to the following:

1. Any enforcement officer has the authority to issue an administrative citation to any responsible person for a barking dog violation that the enforcement officer did not see or hear occur based on a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog. A responsible person to whom a civil citation is issued shall be liable for and shall pay the fine or fines described in the barking dog citation when due. Where the responsible person is a minor under the age of eighteen years, the minor's parents or legal guardian shall be liable for and held responsible for payment of their minor child's citation fines and/or late penalties. In any case, the responsible person (by his or her parents when the responsible person is under the age of eighteen) shall have the right to appeal the issuance of the citation pursuant to the provisions of Chapter 1.12 or the county barking dog law.

2. Prior to issuing an administrative citation for a barking dog, the responsible person shall be given a ten-day period within which to correct the problem.

3. Each day a barking dog violation exists beyond the initial ten-day period allowed for correction shall be a separate violation and be subject to a separate citation and fine.

(Ord. 939 § 2, 2007)