Tustin Municipal Code Part 2 General Regulations

(a) It shall be unlawful to keep, maintain, or cause to be kept or maintained on any single parcel of property the following in the City:

(1) More than three (3) dogs or more than three (3) common house cats, except those under three (3) months of age, or any combination thereof.

(2) More than ten (10) birds, fowl, hamsters, white rats, mice, squirrels, chipmunks, nonpoisonous snakes, insects or rabbits or any combination thereof. No crowing type birds or fowl are authorized with the exception of roosters which are permitted pursuant to regulations contained in subsections (a)(3) and (b).

(3) More than one (1) rooster on R-1 (single-family) District lots within the Cultural Resources Overlay District that are a minimum of fifteen thousand (15,000) square feet in size. The keeping of roosters is prohibited elsewhere in the City.

(4) More than one (1) beehive or colony. No occupied beehive shall be closer than one hundred (100) feet from any adjacent residential structure or street or highway.

(5) Any animal, bird, fowl, insect, serpent, or rodent not permitted under any of the preceding subsections.

(b) No bird, fowl or rabbit shall be maintained outside a residence any closer than fifty (50) feet from any neighboring residence. Roosters as authorized by this section shall be subject to all regulations contained in this subsection as well as more restrictive regulations contained in subsection (b)(3).

(1) Such poultry and animals shall under no circumstances be permitted to run at large, but shall be at all times confined within a suitable house or coop with an enclosed runway.

(2) Such house or coop runway shall at all times be maintained in a clean and sanitary condition and shall at all times be free of offensive odors.

(3) A rooster shall be maintained, a minimum of one hundred (100) feet from any dwelling structure, and as close as possible to the rear property line, in a house or coop which is fully enclosed with solid construction material restricting light from entering the coop roosting area from sunset to sunrise and acting to dampen or muffle the noise impacts of any crowing. Any house or coop in which a rooster is maintained shall also be screened from view of any neighboring residential property. Screening shall consist of a fence, hedge or wall and shall be in keeping with all requirements of the Tustin City Code.

(c) It shall be unlawful to keep animals or fowl for commercial purposes in any residential zone other than the R-A District or authorized Planned Community District (PC).

(d) This section shall not prohibit the keeping of animals in authorized pet shops and kennels. (Ord. No. 826, Sec. 1, 5-19-80; Ord. No. 1090, Sec. 2, 7-6-92)

It shall be unlawful to keep any equine, bovine, swine, sheep or goat within the corporate city limits, except in the R-A District and, where authorized by development guidelines, PC Districts. A use permit shall be required for the keeping of such animals within these districts. (Ord. No. 826, Sec. 1, 5-19-80)

a Wild Animals Defined

The term "wild animal" means and includes any animal, reptile, fowl, or fish which is not naturally tame or gentle but is of a wild nature or disposition or which is known to be vicious and or dangerous to the health or safety of people who might come in contact with it, and which must be kept in confinement to be brought within the immediate power of the owner.

b Wild Animals Not Permitted in the City; Exceptions

It is unlawful for any person to keep and maintain any wild animal within the City. This section shall not prohibit the keeping of:

(1) Wild animals in a bona fide zoo;

(2) Wild animals in a bona fide, licensed veterinary hospital for treatment;

(3) Wild animals in any entertainment establishment provided by conditional use permit, specifically providing for such use;

(4) Wild animals in a bona fide educational institution for the purpose of instruction, provided such animals are securely confined and are properly cared for in a manner satisfactory to the Orange County Pound Master;

(5) Any hamster, guinea pig, white rat and or mouse, turtle, salamander, newt, chameleon, kangaroo rat; any nonpoisonous reptile (not exceeding six (6) feet in length or three (3) in number); and nonpoisonous toad, lizard or spider. (Ord. No. 826, Sec. 1, 5-19-80)

(a) No person shall keep, maintain, or permit on any lot, parcel of land, or premises under his control, any animal which by sound or cry disturbs the peace and comfort of the inhabitants of the neighborhood or interferes with any person in the reasonable and comfortable enjoyment of life and property.

(b) Nor, shall any person maintain any animals in such a manner as to cause a breeding of flies or the creation of obnoxious odors, or in any manner which becomes or is a nuisance or health hazard. Nothing in this article nor compliances with the regulations or conditions provided herein, shall be construed to grant anyone the right to maintain a nuisance. (Ord. No. 826, Sec. 1, 5-19-80)

(a) No person shall bring into any park any animal, reptile or fowl of any kind, unless such animal is, at all times, physically restrained and controlled by leash, tether, cage or other device. Nor shall any person bring into any public park any animal that constitutes a safety hazard or detriment to the enjoyment of the area by the public.

(b) It shall be the responsibility of any person having charge of any such animal to remove any defecation emanating from the animal and to dispose of same in a sanitary manner.

(c) Animals are not permitted in areas of parks which are delineated by playground equipment, sandboxes or recreational court facilities specifically designed for such sports as basketball, handball, tennis or volleyball.

(d) The provisions of this section shall not apply to the use of seeing eye dogs by the visually handicapped, provided that the dog is at all times kept under control and does not constitute a danger to others.

(e) This section shall not prevent the City or its lessees from holding public events in City parks in which animals participate or from completely prohibiting animals in parks where appropriate signs are posted. Upon obtaining a permit from the City, animals may be brought into parks for the purpose of animal shows, exhibits, fairs and the like. In these situations, animals shall be kept under control by their handlers at all times, either through restraint or command. (Ord. No. 826, Sec. 1, 5-19-80; Ord. No. 1121, Sec. 1, 2-22-94)

EDITOR'S NOTE: Ord. No. 1121, Sec. 2, adopted Feb. 22, 1994, provided for the deletion of section 4226, animals within parks, as derived from Ord. No. 826, Sec. 1, adopted May 19, 1980.