Tracy Municipal Code Art. 3 Other Than Household Pets

The Council does hereby find and determine that the growth and development of the City for residential purposes has reached such a stage that the keeping of animals or poultry within the City, unless properly regulated as to location and sanitary conditions and as to certain animals unless definitely limited in number or entirely prohibited, is detrimental to public health, safety and general welfare and that the public interest requires that the Council prescribe the following rules and regulations with respect thereto set forth in this article.

(Prior code § 5-2.301)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

(a) Wherever the word "animals" is used herein, it shall be construed to include horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, rabbits and all other domestic or domesticated animals other than household pets.

(b) "Poultry" shall be construed to include pigeons, chickens, ducks, geese, turkeys, and all other domestic or domesticated fowls other than household pets.

(c) "Household pets" shall be construed to include cats, dogs, canaries, parrots and other kindred animals and birds usually and ordinarily kept as household pets.

(d) "Dwelling" shall be construed to mean the main or principal dwelling located on the property of a person other than the keeper of the animals or poultry.

(Prior code § 5-2.302)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

It is hereby declared to be a nuisance and it shall be unlawful for any person to keep or permit to be kept upon any premises, any animals or poultry or household pets in a foul, offensive, obnoxious, filthy unsanitary or inhumane condition.

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 5-2.303)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

It is hereby declared to be a nuisance and it is unlawful for any person to allow or permit animals, poultry or household pets, to run at large upon any public street or place, or to trespass upon the property of another. This section shall not apply to community cats, as described in Article 6 of this chapter.

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 5-2.304)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

The Chief of Police and all police officers and other persons employed to perform any of such duties are hereby authorized and empowered to take up and impound any animals or poultry running at large in violation of the provisions of this article, and to keep such animals or poultry confined at the animal shelter or at such other place as the Chief of Police may provide, for not less than three (3) days unless such animals or poultry be redeemed by the payment in the amount established by resolution of the City Council. Notices containing a description of the animals or poultry impounded shall be posted publicly for at least three (3) days.

If after five (5) days the animals or poultry are not redeemed, the Chief of Police shall be deemed to have acquired jurisdiction over the animals or poultry and is hereby authorized to humanely euthanize, or to sell, or to otherwise dispose of them, and any proceeds derived therefrom shall accrue to the City, to be deposited in its general fund.

(Prior code § 5-2.305)

(Ord. No. 1159, § 14, 6-7-2011; Ord. No. 1308, § 1(Exh. A), 6-1-2021)

It is hereby declared to be a nuisance and it shall be unlawful to keep, maintain, or permit on any lot or parcel of land, any animals, poultry or household pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood or interfere with any person in the reasonable and comfortable enjoyment of life or property.

(Prior code § 5-2.306)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

It is hereby declared to be a nuisance and it shall be unlawful to keep or permit to be kept, upon any premises in the City, any rabbits or poultry:

(a) Within twenty-five (25) feet of any dwelling, school, church, or hospital, or,

(b) If more than thirty (30) in all of any such rabbits or poultry are kept, within fifty (50) feet of any dwelling, school, church or hospital.

(c) If more than 200 in all, of such rabbits or poultry, except by special permit of the Council first had and obtained, or to keep any rooster over four (4) months old within fifty (50) feet of any dwelling, school, church, or hospital. This provision limiting the maximum number of rabbits or poultry to 200 in all shall not be retroactive or effective as to rabbit or poultry ranches actually in operation as to the effective date hereof, where the average number of rabbits or poultry ordinarily kept at any such establishment exceeds the number.

(Prior code § 5-2.307)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

It is hereby declared to be a nuisance and it shall be unlawful to keep or permit to be kept upon any premises in the City, any horse, mule, jack, jenny, cow, bull, calf, heifer, sheep, goat (except pygmy goats), swine, hog or pig (except pot belly pigs):

(a) On any lot containing less than 20,000 square feet; or

(b) In any corral or barn within seventy-five (75) feet of any dwelling.

(Prior code § 5-2.308)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

It is hereby declared to be a nuisance and it shall be unlawful to use hog manure as a fertilizer within the City limits, unless such hog manure is turned into the soil within twenty-four (24) hours after it is spread.

(Prior code § 5-2.309)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

Any cessation of operations of existing dairies, coupled with a change in the use of the premises for other purposes, shall be construed to be an abandonment of the premises for such original purpose.

(Prior code § 5-2.310)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

The provisions of this article shall not be retroactive so as to apply to dairies actually in operation on November 21, 1950. No extensions or additions shall be permitted to be made to any such dairies except such alterations or repairs as may be required to be made therein to fulfill any requirements of the San Joaquin Department of Environmental Health and in such event such alterations or repairs may be made only upon the express permission of the Council, issued upon written approval of the San Joaquin Department of Environmental Health stating the necessity therefor; and provided further, that no enlargement of any existing dairy shall be permitted by adding to the number of animals kept upon any premises in the City in connection with such use.

(Ord. 1120 § 3, 2008: prior code § 5-2.311)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

From and after November 21, 1950, no riding academies, clubs, or schools having horse, mule or pony corrals or barns in connection therewith, may be commenced, maintained or operated within the City, excepting upon special permit from the Council first had and obtained.

(Prior code § 5-2.312)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

In the event that any person believes that unreasonable restrictions or unnecessary and extraordinary hardship or damage will be imposed upon him or her from the carrying out of the strict letter of any of the provisions of this article, he or she may request a hearing thereon before the Council, and, after a public hearing thereon held upon notice to claimant, if the Council finds that unreasonable restrictions, unnecessary and extraordinary hardship or damage will be imposed upon him or her, then any of the provisions or regulations hereby may be modified in harmony with the general purposes and objectives hereof to the end that the public health, safety and welfare of the people may be secured and substantial justice done.

(Prior code § 5-2.313)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

Pygmy goats and pot belly pigs shall be allowed to be kept within the corporate limits of the City. All such pygmy goats and pot belly pigs will require registration and licensing with the City's Animal Services Officer.

(a) The license fee for pygmy goats and pot belly pigs shall be determined by resolution of City Council.

(b) Such license shall entitle the owner of the pygmy goat/pot belly pig for which such license is issued to keep such pygmy goat/pot belly pig in the City during the term for which the license was issued; provided, however, such owner at all times shall keep such pygmy goat/pot belly pig securely enclosed in a room, pen, or enclosure or shall keep such pygmy goat/pot belly pig secured or on a leash.

(c) It shall be unlawful for any person at any time to have, own, or possess any pygmy goat/pot belly pig within the City, whether the pygmy goat/pot belly pig shall be licensed or not, unless such pygmy goat/pot belly pig shall be kept so enclosed or on a leash as provided in subsection (b) of this section.

(d) It shall be unlawful for any person to keep a pot belly pig greater than nineteen (19) inches at the shoulders or weighing more than 150 pounds.

(e) It shall be unlawful for more than two (2) pygmy goats/pot belly pigs to be kept at any dwelling, establishment or residence within the City.

(Prior code § 5-2.314)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)