§ 19.102

The purpose of this Chapter is to provide reasonable standards for the control of domestic animals which improves the quality of life for residents and visitors, improves residential areas, reduces hazards and public nuisances which can result from domestic animals, ensure a safe environment in which to live and preserves the City's quality and character.

This Chapter will allow for keeping of animals in limited amounts with reasonable controls and safeguards that will protect property rights while properly and effectively protecting property values in the City.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

Abandon. To leave or release any animal, confined or unconfined, without care and attention.

B.

AEP. Animal Entitlement Permit.

C.

Animal. Except for humans, any living, breathing creature, including mammals, birds, rodents, dogs, livestock, pets, reptiles, insects, fish, horses, or other non-human creature, whether wild or domestic.

D.

Animal Control Officer. Any person duly appointed by the City Manager, and authorized to act in his behalf in the enforcement of the Animal Codes and Ordinances, and shall include any peace officer, deputy sheriff, Code Enforcement Officer, citizen patrol officer, or other person employed by City Animal Control.

E.

Cat. A domestic cat of the species Felis catus, including its young or kittens.

F.

Cattle. All species of bovine.

G.

CFAC. California Food and Agriculture Code.

H.

CPC. California Penal Code.

I.

Custodian. Any person owning, or having control, care, charge, custody, or possession of any animal.

J.

Dog. An animal, domestic dog of the species canine of either sex, altered or unaltered, that has reached the age of four (4) months.

K.

Enclosure. A fence, pen or structure suitable to securely and humanely prevent the animal from escaping or the entry of unauthorized persons.

L.

Exotic Animal. Any animal that is not normally considered a pet. Exotic animals would include, but are not limited to, domestically bred raccoons, wolves, and wolf hybrids. (Requires additional AEP.)

M.

Home Kennel or Cattery. Home-based breeding of dogs or cats owned by the resident. Includes home dog or cat breeding.

N.

Horse. Animal of the Equus genus, including mule, ass, donkey, and miniatures.

O.

Impoundment. The seizing or picking up of an animal by a duly authorized person and bringing same into the animal shelter for confinement, custody, and disposition.

P.

Kennel/Cattery, Commercial. Commercial keeping, breeding, caring, boarding, training, or marketing of dogs and/or cats. Requires a facility specified in Section 19.102.210 (Kennels and Catteries). Kennel requirements shall not apply to animal shelters operated by governmental agencies, or to pet stores.

Q.

Livestock, Large. All large ranch animals including horses, domesticated bovine (cow or ox), livestock and pigs of any type, except miniature pigs.

R.

Livestock, Small. All domesticated caprine (goat), ovine (sheep), pygmy goats, miniature animals including miniature pigs, llamas, alpacas, ostriches, or other similar animals. Livestock (small) shall not include , horses, miniature horses, miniature cows, donkeys, or burrows.

S.

Owner. Any person or custodian who owns an animal, keeps an animal or has charge, care, custody or control of an animal.

T.

Person. Any person, animal owner, custodian, firm, partnership, corporation, trust and any association of persons.

U.

Pet. Any animal that is kept and cared for, for companionship, protection or adornment of a home. Pets shall include but not be limited to: dogs, rabbits, cats, caged homing pigeons, nonpoisonous insects, ornamental or songbirds, fish, nonpoisonous snakes under six (6) feet long, domesticated hedgehogs, or small animals kept in a cage such as hamsters, lizards, white mice, domestic rodents, or reptiles. Pets shall not include horses, pigs of any type, large or small livestock, or exotic animals.

V.

Pig. All species and sizes of pigs and hogs, genus Sus, excluding pot-bellied pigs. All pigs are prohibited in the City unless in conformance with 19.102.100 (Keeping of Animals) of this Chapter.

W.

Pig, Miniature. Any domesticated miniature Vietnamese, Chinese, or Asian pot-bellied or pot belly pig not exceeding one hundred twenty-five pounds (125 lbs.) in weight and eighteen inches (18") in height measured at the shoulder.

X.

Potentially Dangerous Dog (CFAC 31602).

1.

Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the custodian and the dog are off of the property of the custodian of the dog.

2.

Any dog which, when unprovoked, bites a person causing punctures or wounds that do not result in muscle tears or disfiguring lacerations, and does not require multiple sutures or corrective or cosmetic surgery.

3.

Any dog which, when unprovoked, on two (2) separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic dog off of the property of the custodian of the dog.

Y.

Poultry. Winged and feathered animals including, but not limited to, chickens, hens, roosters, ducks, geese, and turkeys.

Z.

Premises. Any dwelling, parcel of land, structure, residence, building, pen, corral, enclosure, fenced yard, or dog run.

AA.

Prohibited Animals. Animals not allowed by the state of California or the City of Twentynine Palms.

BB.

Property. A piece or parcel of land or real estate, including buildings and easements.

CC.

Residence. A place or structure constructed for the expressed purpose of people living in it, including houses, apartments, and multi-family buildings. This includes the surrounding yard or grounds that belong to that structure.

DD.

Stable, Horse. Riding academy, or any place where horses are rented or held for rent to the public, or where such horses are stabled, kept, or maintained for a fee, or where horses are boarded or cared for by a person or persons other than their owner.

EE.

Stray. Any animal that is loose, unconfined or beyond the control of its custodian.

FF.

Unlicensed Dog. Any dog for which the license for the current year has not been paid, or to which the tag for the current year provided for in this Code is not attached.

GG.

Vicious Animal.

1.

CFAC 31603 (a). Any dog seized under CPC 599aa upon the conviction of the owner under CPC Section 597.5 (a).

CFAC 31603 (b). Any dog which, when unprovoked and in an aggressive manner, inflicts a severe injury or kills a human being. (Severe injury is physical injury to a human being resulting in muscle tears or disfiguring lacerations, or requires multiple sutures, or corrective or cosmetic surgery).

3.

CFAC 31603 (c). Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its owner or custodian has been notified of this determination, continues the behavior described in Section 31602 of the CFAC or is maintained in violation of Sections 31641, 31642, or 31643 of the CFAC.

HH.

Wild Animal. Any animals, whether captive born or caught in the wild, that have not been domesticated, (i.e., have not been genetically controlled over a very long period of time), and specifically adapted to live in close proximity to humans. This includes but is not limited to lions and tigers as well as other dangerous or venomous mammals, fowl, fish or reptiles.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

19.102.030 - Control of Animals.

A.

Stray Animals.

1.

No custodian of any animal shall permit such animal to stray or run at large upon any public property or street, public right-of-way, parking lot, sidewalk, school ground, public park, playground, place of public assembly or any other public place, or any unenclosed private lot or other unenclosed private place, or upon any private place or property without the consent of the property owner or person in control thereof.

2.

Limited Exemption.

a.

Cats may stray or roam free unless they become a nuisance, and are caught or contained by a complaining party.

b.

Cats caught or contained by a complaining party may be impounded by Animal Control, with all applicable fees to be paid prior to its release to its owner or claimant.

B.

Personal Control of Dog. No person may lawfully bring his dog out of his premises or property, unless:

1.

Said dog is restrained by a substantial leash not to exceed six (6) feet in length and is in the charge of a person competent and physically capable of restraining such dog, and is in an area where dogs are permitted; or

2.

Said dog is contained or enclosed in a portable cage or animal carrier; or

3.

Said dog is on unenclosed private property, with permission of property owner; said dog is under immediate and obedient command control of its owner or some other person competent to control such dog in that manner; and said dog does not stray from that private property.

C.

Animal Attack. It is unlawful for the owner of any animal to fail to control, restrict or confine any animal so that it attacks, harasses or bites any person or animal. This does not apply to police dogs in the performance of their duty, or trained guard dogs functioning in their designated capacity, on the property they were protecting.

D.

Animals Prohibited in Parks. Notwithstanding any other section to the contrary, no person owning or having control, care, charge, custody or possession of any animal shall bring such animal (except any licensed service animal assisting its assigned person, or an animal legally in training for such duty) into or upon a public park, or public recreation area; nor shall any such person otherwise allow or permit, knowingly or unknowingly, such animal to enter or remain in a public park or public recreation area, including associated sidewalks and parking lots. However, this section shall not apply to any person participating in a dog training class, dog show, or other animal activity in such public park or public recreation area necessarily involving the attendance of the animals, being conducted under the sponsorship of or pursuant to written permission of the City Department of Community Services.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

It is unlawful for any person to keep an animal confined in an area that is inadequate for its size so that it cannot stand, turn around, lie down and stretch out.

B.

It shall be unlawful for any person to permit the animal to be kept or placed in any building, vehicle, structure or place, without proper care and attention.

C.

It shall be unlawful for any person to keep any animal without providing water and shelter at all times, or fail to feed the animal at least once a day.

D.

It shall be unlawful for any animal to be left in a vehicle, structure, or in any other place, when, in the determination of an Animal Control Officer, such placement would present a danger to the health of the animal due to excessive heat, lack of adequate ventilation, lack of water, or other dangerous situation. When such conditions are observed, forcible entry may be made and the animal impounded.

E.

It shall be unlawful for any custodian to fail to care for an animal that is under that person's control.

F.

It is unlawful to abandon any animal.

G.

It is unlawful for any person to tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object for a period of time not to exceed three (3) hours in a twenty four (24) hour period unless the custodian is with the dog at all times.

1.

A person may attach a dog to a running line, pulley, or trolley system for a time not to exceed three (3) hours in a twenty four(24) hour period.

a.

The dog shall not be attached to a running line, pulley, or trolley system by means of a choke collar or pinch collar.

b.

The line attached to the dog shall not be capable of wrapping around, catching, or being captured by any pole or inanimate object or other dog.

2.

Dogs must have access to shade, shelter, and clean water at all times.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

Animals may be impounded by an Animal Control Officer for any of the following reasons:

1.

Any animal found straying, running at large, running loose, or unrestrained upon any public street, public right-of-way, school ground, public park, playground, public assembly, or any other public place, or any private property or place without the consent of the property owner or person in control of such property or place.

2.

Any animal found to be without access to water and shelter.

3.

Any animal in need of veterinary assistance or euthanasia due to illness or injury, and an owner cannot be located or fails to take the animal to a veterinarian when directed by the Animal Control Officer.

4.

Any animal found to be abused, injured, physically distressed, or failing to thrive due to neglect, and an owner cannot be located or fails to provide proper care for the animal when directed by the Animal Control Officer.

5.

Any animal that reasonably appears to have been abandoned.

6.

Any animal in physical danger or distress. This includes any animal left inside any vehicle, structure or any other place, when, in the determination of an Animal Control Officer, such placement presents a danger to the health of the animal due to excessive heat, lack of adequate ventilation, lack of water or other dangerous condition. This includes animals left outside without access to shade or shelter.

7.

Any animal restrained in any manner that restricts its ability to move or reach shelter, safety, or water, including but not limited to being wrapped up in a cable or chain, or having such chain or cable wrapped around any object, and an owner cannot be located, or the situation reoccurs after the owner was warned or the property posted with a warning.

8.

Dogs which are not wearing a current City rabies tag, or are unvaccinated.

9.

Prohibited animals.

10.

Any animal involved in an attack or aggressive behavior toward people or other animals.

11.

Any animal which, upon complaint, is a noise nuisance due to barking or whining, or any other noise between the hours of 8:00 p.m. and 8:00 a.m., and where no owner or custodian is present, or such owner or custodian is unable or is unwilling to stop the offending noise.

B.

Prohibited Impoundment.

1.

A dog shall not be seized or impounded, or its owner cited for dog running loose, when the dog has not strayed from and is upon private property with permission of property owner or resident.

2.

A dog shall not be impounded when it strays from, and then returns to, the private property of the custodian, and the custodian is present. The custodian, however, may be cited. If no one is home, the dog may be impounded, providing the house is posted with a Notice of Violation.

C.

Citizen Impounding Animal.

1.

Any person who finds any animal which has strayed or is loose upon public property or his own property, and the owner of the animal is not present, may take possession of and hold same; provided that he shall notify Animal Control of the fact that he has such animal in his possession, within four (4) hours after securing possession of such animal.

2.

If such person takes possession of the animal during days or times Animal Control Officers are off duty, a message left on the answer phone at the Animal Control office, giving the description and location of the impounded dog, will allow the person to possess the dog until Animal Control Officers are able to respond on the next work day, even if this time exceeds four (4) hours.

3.

Any person that captures a stray animal when Animal Control is closed may bring the animal to Animal Control and place it in any available outside pens, leaving information concerning when and where the animal was found.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

19.102.060 Animal - Control Officer/Code Enforcement Officer Authority.

A.

Animal Control Officers and Code Enforcement Officers shall have the authority to enter upon any area, property, vehicle, structure, or premises to enforce the provisions of this Code, and are authorized to do and perform any and all acts necessary to carry out the provisions of this Code and the laws of the state of California and the City of Twentynine Palms pertaining to animals.

B.

It is unlawful for any person to willfully resist, delay, interfere with, or obstruct any Animal Control or Code Enforcement Officer, in the discharge or attempted discharge of any duty of his or her office or employment.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

19.102.070 - Animal Traps.

A.

Live traps may be used to capture stray animals.

B.

It shall be unlawful for any person, not so assigned or directed by an Animal Control Officer, to move, remove, or take any trap owned by the City.

C.

It shall be unlawful for any person, other than an Animal Control Officer, to release any animal that has been caught in a trap owned by the City unless directed by an Animal Control Officer.

D.

It shall be unlawful for any person to damage, interfere with, tamper with, spring, or make nonfunctioning any trap owned by the City.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

19.102.080 - Wild Animals.

A.

Feeding.

1.

It shall be unlawful to feed or, knowingly or unknowingly, provide breeding habitat for wild pigeons.

2.

It shall be unlawful to feed any wild, carnivorous mammal.

B.

Possession. Wild animals may be possessed by a custodian if all of the required state permits are obtained, and if a City Conditional Use Permit and Animal Permit are issued.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

The state of California prohibits a number of animals, including but not limited to primates—apes and monkeys, including rhesus, cynomolgus, and macaque—and ferrets.

B.

The following animals are prohibited by the City of Twentynine Palms.

1.

Pigs, genus Sus, including hogs or swine, unless in conformance with 19.102.100 (Keeping of Animals) of this Chapter. This prohibition does not apply to miniature pigs kept in compliance with this Chapter.

2.

Snakes over 6 feet long.

3.

Wild animals, unless in conformance with Subsection 19.102.080.B of this Chapter.

4.

Poisonous or venomous animals.

5.

Piranha fish.

6.

Beekeeping, hobby or commercial.

7.

Any animal prohibited by the state of California.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

19.102.100 - Keeping of Animals.

A.

It shall be unlawful to keep a number of animals exceeding the numbers set out in this Ordinance, except as may be otherwise approved by kennel or cattery license or land use permit.

B.

Nuisance. Pets may be kept on any residentially zoned property in the maximum numbers identified in Subsection 19.102.100.F, provided the keeping of said pets does not constitute a nuisance.

C.

Animals, including horses, may not be kept on a property as a primary use, but only as an accessory use except where specifically allowed by the applicable land use district.

D.

Keeping of livestock requires payment of fee determined by the City Council.

E.

See City Development Code for applicable land use district requirements.

F.

Limitation on number of animals.

1.

In land use districts that allow large or small livestock, all of these animals are prohibited on parcels less than one (1) acre in size. The density for large livestock shall be one (1) large livestock animal per quarter acre, with a maximum combined total of six (6) large livestock animals, regardless of the acreage in excess of one (1) acre unless otherwise allowed by this Chapter or the City's land use codes.

2.

Only the following animals may be kept in the following land use zones up to the maximum numbers listed except where they create a public nuisance regardless of their numbers.

a.

OSR (Open Space Residential).

i.

Four (4) dogs and four (4) cats.

ii.

Total of twenty five (25) birds including, but not limited to, ornamental birds, parrots, songbirds, poultry or caged pet pigeons.

iii.

One (1) miniature pig meeting the requirements contained in Section 19.102.240.

b.

RL-1 (Residential, Rural Living).

i.

Three (3) dogs and three (3) cats.

ii.

Total of twenty five (25) birds including, but not limited to, ornamental birds, parrots, songbirds, poultry or caged pet pigeons.

iii.

One (1) miniature pig meeting the requirements contained in Section 19.102.240.

iv.

On parcels of at least one (1) acre, one (1) large or small livestock animal is allowed per quarter acre. The maximum combined total of all large and small livestock is six (6), regardless of the acreage in excess of one (1) acre.

c.

RL - 2.5 (Residential, Rural Living).

i.

Three (3) dogs and three (3) cats.

ii.

Total of twenty five (25) birds, including, but not limited to, ornamental birds, parrots, songbirds, poultry or caged pet pigeons.

iii.

Two (2) miniature pigs meeting the requirements contained in Section 19.102.240.

iv.

On parcels of one (1) acre or larger, one (1) large livestock animal is allowed per quarter acre, up to a maximum of six (6) large livestock animals.

v.

On parcels of one (1) acre or larger, one (1) small livestock animal is allowed per quarter acre, up to a maximum of twelve (12) small livestock animals.

vi.

On parcels of two point five (2.5) acres or larger, the maximum combined total of all large and small livestock is twelve (12), regardless of the acreage in excess of two and a half (2.5) acres.

d.

RL-5 (Residential, Rural Living).

i.

Four (4) dogs and four (4) cats.

ii.

Poultry, one hundred (100) per acre.

iii.

Total of twenty five (25) birds (except poultry), including, but not limited to, ornamental birds, parrots, songbirds, or caged pet pigeons.

iv.

Two (2) pot-bellied pigs meeting the requirements contained in Section 19.102.240.

v.

On parcels of one (1) acre or larger, one (1) large livestock animal is allowed per quarter acre, up to a maximum of twelve (12) large livestock animals.

vi.

On parcels of one (1) acre or larger, one (1) small livestock animal is allowed per quarter acre, up to a maximum of twelve (12) small livestock animals.

vii.

On parcels of five (5) acres or larger, the maximum combined total of all large and small livestock is twelve (12), regardless of the acreage in excess of five (5) acres.

e.

RS-1 (Residential).

i.

Three (3) dogs and three (3) cats.

ii.

One (1) miniature pig meeting the requirements contained in Section 19.102.240.

f.

RS-2 (Residential).

i.

A combined total of three (3) dogs and cats, not to exceed two (2) dogs.

ii.

One (1) pot-bellied pig meeting the requirements contained in Section 19.102.240.

g.

RS-3 (Residential).

i.

A combined total of three (3) dogs and cats, not to exceed two (2) dogs.

ii.

One (1) miniature pig meeting the requirements contained in Section 19.102.240.

h.

RS-4 (Residential).

i.

Two (2) dogs and two (2) cats.

ii.

One (1) miniature pig meeting the requirements contained in Section 19.102.240.

i.

RS-E (Residential, Estate).

i.

Three (3) dogs and three (3) cats.

ii.

Total of twenty five (25) birds including, but not limited to, ornamental birds, parrots, songbirds, poultry or caged pet pigeons.

iii.

Two (2) miniature pigs meeting the requirements contained in Section 19.102.240.

iv.

On parcels of one (1) acre or larger, one (1) large livestock animal is allowed per quarter acre, up to a maximum of six (6) large livestock animals.

v.

On parcels of one (1) acre or larger, one (1) small livestock animal is allowed per quarter acre, up to a maximum of twelve (12) small livestock animals.

vi.

On parcels of two point five (2.5) acres or larger, the maximum combined total of all large and small livestock is twelve (12), regardless of the acreage in excess of two point five (2.5) acres.

j.

RM (Residential, Multi-Family). One (1) dog and one (1) cat.

k.

CG (General Commercial). One (1) guard dog.

l.

CO (Office Commercial). One (1) guard dog.

m.

CT (Tourist Commercial). One (1) guard dog.

n.

CN (Neighborhood Commercial). One (1) guard dog.

o.

CS (Service Commercial). One (1) guard dog.

p.

IC (Community Industrial). One (1) guard dog.

G.

Exceptions.

1.

Equestrian Area.

a.

City Council Resolution 09-26 adopted an equestrian area bordered by Adobe Road to the east, Mesquite Springs Road to the west, Amboy Road to the south and Valle Vista to the north.

b.

The equestrian area allows a greater number of horses to be kept on the property under the following circumstances.

i.

No more than four (4) horses per acre, or fraction thereof (i.e., one (1) horse per quarter acre), with no upper limit, may be kept on any lot or parcel designated an equestrian area.

ii.

If an excess of ten (10) horses is requested or kept, a Site Plan Review shall also be required prior to the establishment of the additional horses.

2.

No horses may be kept in any area designated as a "non-equestrian area" and any property containing legally existing horses in said area shall have a legal nonconforming status when the property in question has been designated a non-equestrian area by City Council resolution.

H.

Exotic Animals.

1.

Exotic animals require an Animal Entitlement Permit.

2.

Dangerous exotic animals, such as wolves or wolf hybrids, must be kept in an enclosure inspected and approved by Animal Control.

a.

The enclosures for dangerous exotic animals shall be chain link, brick, or concrete, with roof, floor, and door that is kept locked so that entry cannot be made by unauthorized persons. Enclosure shall provide shade and shelter at all times of the day, and water must be provided at all times.

b.

Wolves or wolf hybrids shall not be permitted to be outside of their enclosure or its owner's residential structure at any time, except when on a substantial leash, not over six (6) feet in length, held by a person physically capable of controlling the animal.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

Sick or Injured Animal. Any Animal Control officer impounding an animal shall make a reasonable attempt to notify the custodian of the animal as soon as possible. If such animal is not claimed and the applicable fees are not paid within the time limit specified by state law or San Bernardino County Code, the animal shall be adopted out or destroyed in accordance with the provisions of this Code.

B.

City Animal Control Officers having custody of any impounded animal may, by humane methods, summarily destroy the same in accordance with California state laws if:

1.

The animal is seriously injured, or suffering from any incurable or contagious disease and the custodian is unknown, or cannot be immediately contacted. Should the custodian of a euthanized animal be identified, the custodian of said animal shall be notified of its destruction as soon as practicable.

2.

An impounded animal, which has been kept for the period of time required by law, which has not been redeemed or adopted.

C.

Potentially Dangerous or Vicious Animal. If there is probable cause to believe that a dog is potentially dangerous or vicious, and the custodian is known, the Animal Control Officer shall schedule a vicious animal or potentially dangerous animal hearing pursuant to Section 19.102.160 (Administrative Hearing Procedure) of this Chapter prior to disposing of the dog.

D.

Redeeming Impounded Animals.

1.

An impounded dog may be redeemed by payment of a fee in addition to any impound charges, any medical fees and any other charges for each day the dog has been held.

2.

Any impounded dog or cat that is over four (4) months old shall not be released from the pound unless it is licensed in accordance with the provisions of this Code.

E.

Fees pertaining to animals shall be as set forth in the City Council adopted fee schedule.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

Animal Entitlement Permit (AEP).

1.

Except in the case of an approved kennel or cattery, the issuance of an AEP allows the custodian to possess exotic animals, and animal(s) in excess of the number allowed by this Chapter, up to a maximum of four (4) additional dogs and/or four (4) additional cats and/or up to two (2) additional miniature pigs.

2.

An AEP may be issued by the Animal Control upon receipt of a completed application on forms provided by the City and receipt of a cost recovery fee as established by City Council fee schedule.

3.

A granted AEP is valid only for the specific animals, property and owner identified in the application. Such an AEP is neither transferrable to another property or another owner of the same property, nor applicable to any other animal or other type of animal or animal owner other than the ones identified in the permit.

4.

The AEP is subject to revocation if any of the provisions or conditions are not adhered to.

5.

It is unlawful to keep or possess any animal subject to a revoked AEP.

6.

In granting or denying an AEP, the Animal Control Officer shall apply the following criteria:

a.

There are unusual or extenuating circumstances that warrant the consideration of the permit.

b.

The property in question is suitably sized and equipped to accommodate the requested additional animals without creating noise or odor problems.

7.

The residences abutting or within three hundred (300) feet are given written notice of the consideration of the request and are given at least ten (10) business days to respond in writing expressing any concerns.

8.

In no case shall an AEP for additional animals be granted on property that is registered as a location for a dangerous or vicious animal, is currently in violation of any City Codes or Ordinances, or for any party that has a history of animal complaints or violations.

a.

In granting an AEP, the Animal Control Officer may set a time limit provided that the permit shall be valid for at least six (6) months.

b.

If at any time after the issuance of an AEP, the Animal Control Officer determines through the receipt of sufficient evidence, that the additional animals have become a nuisance or a problem to the area, the Animal Control Officer may suspend or revoke the AEP, subject to the applicant's right of appeal.

9.

The Animal Control Officer shall render a decision on the granting or denial of an AEP within fifteen (15) business days after finding the application complete. Written notice of the decision shall be given to the applicant and any person who has responded to the proposal in writing.

10.

If the AEP application is denied, revoked, or suspended, the applicant may appeal such action or decision to the Planning Commission. If the AEP is approved, any neighbor of the applicant that is affected by the approval may appeal that approval. All appeals shall be processed in accordance with Section 19.28.120 (Appeals).

B.

Exotic Animals.

1.

Prior to bringing an exotic animal into the City, the applicant must have an approved AEP, and must have installed a cage or enclosure on his property that meets the requirements of Animal Control Department.

a.

When submitting an Animal Permit application for an exotic animal, the applicant must submit a Site Plan and plans for any exterior enclosure or cage.

b.

Fees shall be specified in the City's fee schedule adopted by the City Council.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

Except as otherwise approved by kennel license, pens, stables, barns, kennels, corrals or similar structures used for the keeping of permitted animals may be erected, placed or maintained only as follows:

1.

No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within twenty (20) feet of any dwelling on the same lot or parcel of land; and

2.

No pen, corral, stable or other animal enclosure shall be constructed or maintained within seventy five (75) feet of any front lot line; and

3.

No pen, corral, stable or other animal enclosure shall be constructed or maintained within seventy five (75) feet of any side street or closer to any side street line than a distance equal to one-half (1/2) of the width of the lot or building site abutting such side street, whichever distance is lesser; and

4.

No pen, corral, stable or other animal enclosure shall be constructed or maintained within fifteen (15) feet of any interior side lot line or rear lot line.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

It shall be unlawful, and a public nuisance, for any person to keep, feed, or maintain any animal or group of animals or any condition, regardless of the number of animals permitted, in any manner so as to constitute a danger, nuisance, disturbance, hazard or menace to a person or the property of another, or a detriment to the public health, safety or general welfare of the community.

1.

This shall include, but is not limited to, any condition resulting in insects, wild pigeons, rodents, or other pests. It shall also include, but is not limited to, the failure to remove animal waste; allowing excessively disturbing or offensive odor, behavior, or noise, such as barking, whining, growling, or bleating; or allowing any animal, except for pet felines, to run loose off of the custodian's property.

2.

Notification of Nuisance. When an animal or property is determined to be a nuisance, the owner of such animal or property shall be notified of the violation and may be cited with the appropriate code violation or the Animal Control Officer may schedule a nuisance abatement hearing in accordance with the abatement procedure in Section 19.102.160 (Administrative Hearing Procedure).

B.

Impounding Nuisance Animal. Any animal that is being kept or maintained in a manner that constitutes a nuisance, or whose actions constitute a nuisance, may be impounded pending a Nuisance Abatement Hearing.

C.

Animal Waste.

1.

The custodian of any animal shall not permit, either willfully or through failure to exercise due care or control, any such animal to defecate or urinate upon public property, park, sidewalk, or building used by the public, or upon any private property not owned or occupied by the custodian of the animal.

2.

Where any animal defecates on property not owned by the custodian, the custodian of the animal shall immediately clean up, remove, and dispose of the waste in an appropriate manner.

3.

Animal custodians may not allow animal waste to accumulate on their property.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

19.102.150 - Filing Animal Nuisance Complaints.

A.

Citizens may initiate an animal complaint by contacting the City's Animal Control Department.

1.

Animal nuisance complaints.

a.

If the Animal Control Officer observes an animal violation, the officer may warn the custodian or issue the custodian a citation, including impounding the animal if the situation warrants it.

b.

If the Animal Control Officer does not observe the violation, the officer cannot issue a citation as the complainant. The complainant does have the right to sign a ticket that will be issued to the custodian of the animal. This will require the complainant to identify the animal that was in violation and the person he/she wants to cite. The complainant must then sign a citation, complete a sworn statement, and agree to appear and testify at any scheduled hearing or trial.

c.

The Animal Control Officer may schedule an administrative hearing to resolve the animal nuisance problem.

B.

Corrective Measures Prior to Administrative Hearing. If the custodian of the animal takes necessary corrective measures in advance of the hearing and so notifies the Director of Animal Control or his/her designee, or develops a plan to correct the problem(s) which is acceptable to the Animal Control Department, the hearing may be canceled or postponed.

C.

Animal Remains a Danger Prior to Administrative Hearing.

1.

If an animal exhibits behavior that constitutes a threat or danger to public health or safety, or it harasses or attacks other animals, and the owner is unwilling or unable to correct the situation immediately, the animal may be impounded prior to a hearing.

a.

The animal shall be kept at the City's Animal Control facility or with a veterinarian designated by the owner, at the owner's expense.

b.

Considering the potential danger or menace to public safety, the animal impounded pending a potentially dangerous or vicious animal hearing may remain impounded during the entire hearing and appeal process. Should the hearing or appeal result in the animal being returned to the owner, the owner shall be responsible for payment of all fees and charges prior to the release of the animal. Failure of the owner to redeem the animal within ten (10) days of its ordered release will result in the animal being euthanized.

D.

Prohibited Destruction of Dog Believed to be Potentially Dangerous or Vicious, Prior to Hearing. California Food and Agriculture Code (CFAC) Section 31645 provides that destruction of a dog believed to be potentially dangerous or vicious may only occur after notice to the dog owner and an administrative hearing pursuant to CFAC Section 31621, unless the dog owner signs the dog over for destruction. If the owner of the dog fails to pick up the dog within ten (10) days of the dog being available for release, the dog may be adopted out or destroyed.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

A hearing officer shall be a Code Enforcement Officer, Community Development Director, City Official, City Manager, or Animal Control Officer, from this City or another City. The hearing officer shall not have any personal involvement in the case to be heard.

B.

When an administrative hearing is scheduled, all property owners within three hundred (300) feet of the subject property shall be notified by mail of the date, time and location of the hearing. Said notice shall be given not less than ten (10) calendar days before the hearing is scheduled to be held.

C.

The City's administrative hearings are limited civil cases, and shall be open to the public. The hearings shall be held to hear and dispose of complaints concerning animal nuisances, or potentially dangerous or vicious animals. A jury shall not be available. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this Chapter.

D.

When an administrative hearing has been scheduled to determine whether an animal is a nuisance, or potentially dangerous, or vicious, the custodian of the animal shall be served personally with Notice of the Hearing, or it shall be sent to him/her by certified mail (return receipt requested). At the hearing he/she may present evidence as to why the animal should not be declared a nuisance, or potentially dangerous, or vicious.

E.

The hearing shall be held within no less than five (5) business days nor more than ten (10) business days after service of the notice upon the custodian (CFAC 31621).

F.

Whenever possible, any complaint received from the public, which serves as evidentiary basis for the Animal Control Officer to find probable cause, shall be verified and sworn to by the complainant and shall be attached to the complaint. The hearing officer shall admit into evidence all relevant evidence including incident reports, photos, medical reports and receipts, and the affidavits of witnesses. The officer may limit the scope of discovery, and may shorten the time to produce records or witnesses (CFAC 31621).

G.

The hearing officer may find, upon a preponderance of the evidence, that the animal is a nuisance, and/or is potentially dangerous or vicious and shall make other orders authorized by CFAC 31621 that will remedy the nuisances.

H.

The custodian of the animal shall be notified in writing of the determination and orders issued, either personally or by certified mail (return receipt requested).

I.

Custodians of animals that are found to be potentially dangerous or vicious at the administrative hearing shall comply with the requirements specific to each type of designation in this Chapter, and with any other requirements that the hearing officer orders.

J.

Upon completion of the hearing, the hearing officer shall determine by a preponderance of the evidence:

1.

Whether the evidence placed on the record is sufficient to support the allegation; and

2.

If findings are supported, determine the manner in which said nuisance shall be abated and the date by which said nuisance shall be abated.

K.

Within ten (10) business days of the completion of the hearing, the hearing officer shall issue a written order to Animal Control Department and the custodian of the animal, informing them of the hearing officer's decision.

L.

If the hearing officer rules that the animal is potentially dangerous or vicious, the hearing officer may establish a time schedule to ensure compliance with this Chapter, but in no case more than thirty (30) days subsequent to the date of the hearing officer's decision, or thirty five (35) days if the service of the decision is by certified mail (return receipt requested) (CFAC 31622 (b)).

M.

The animal shall not be released until all of the conditions at the animal's residence are in compliance with the hearing officer's orders, and compliance is verified by Animal Control.

N.

If the owner or custodian fails to appear at the hearing, the hearing shall nevertheless proceed and an appropriate order shall be issued. Failure of the animal owner or custodian to appear, or receive notice of the hearing, shall not affect the validity of any proceedings under this Chapter.

O.

The animal owner may stipulate in writing that the animal is potentially dangerous or vicious, as alleged in the complaint or petition, agree to all of the conditions for such animal, and the hearing shall not be held.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

Review of Hearing Officer's Decision.

The decision and determination of the hearing officer shall be reviewed by the Community Development Director or his/her designee on appeal within five (5) business days following the conclusion of the hearing.

a.

If the Director finds that the actions of the hearing officer are in compliance with the provisions of this Code, the Director shall affirm the hearing officer's decision and determination, notifying the defendant of such affirmation within ten (10) business days.

i.

The custodian of the animal has ten (10) business days to claim the animal, paying all of the impounding, boarding and medical bills and fees.

ii.

Should the custodian fail to pay all of the impounding, boarding and medical bills and fees the animal shall not be released, but shall be processed as a normal unclaimed animal after the ten (10) day period.

b.

If the Director finds that the decision of the hearing officer was not in conformance with the provisions of this Code, the Director shall overturn the decision and determination of the hearing officer, notifying the defendant of such action.

i.

In the event that the hearing officer's decision is overturned, the animal will be released to the custodian without charges, penalties or fees, except for annual City licensing fees, if needed.

B.

Appeal of Hearing Officer's Order.

1.

Any person who is affected by the hearing officer's order may appeal the decision pursuant to Section 19.28.120 (Appeals). In cases where an appeal is filed, abatement by the City shall be stayed until such time as a decision is rendered by the appeal authority.

2.

At the time and place for such appeal hearing, the Planning Commission shall hear from staff and shall receive all relevant oral and written evidence on the alleged violation.

3.

If the animal is in custody at the time of an appeal, the animal shall remain in custody until all appeals are exhausted.

C.

Notice of Planning Commission Decision.

1.

If the Planning Commission finds from the evidence presented at its hearing that the action taken was in conformity with the provisions of this Chapter, it shall require compliance with the original hearing officer's order within thirty (30) calendar days after the mailing of the Planning Commission's order to the owner or custodian of the animal, unless a period of time in excess of thirty (30) calendar days is specifically authorized.

2.

A copy of the Commission's order shall be mailed to the complainants, the owner or custodian of the animal, and to any other person requesting the same, within five (5) business days after conclusion of the Planning Commission's hearing and decision. The Commission's decision shall be final and conclusive unless appealed to the City Council pursuant to Section 19.28.120 (Appeals).

3.

If the nuisance is not brought into compliance within the thirty (30) day period or within such longer period as the Commission may provide, the Animal Control Officer or Code Enforcement Officer is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

19.102.180 - Potentially Dangerous and Vicious Animals.

A.

Complaint of Potentially Dangerous or Vicious Animal.

1.

It is unlawful for an animal to attack or be aggressive toward any person or other animal.

2.

In addition to a citation, the Animal Control Officer may schedule an administrative hearing pursuant to Section 19.102.160 (Administrative Hearing Procedure) to determine whether the animal should be declared potentially dangerous or vicious.

B.

Exemptions. Exemptions for dog attacks pursuant to CFAC 31626 are:

1.

No dog may be declared potentially dangerous or vicious if it injures any person who, at the time the injury was sustained, was committing a willful trespass or other tort upon premises occupied by the custodian of

the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.

2.

No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

3.

No dog may be declared potentially dangerous or vicious for injuring or damaging a domestic animal when probable cause exists that the dog was defending itself from harassment or an attack initiated by that domestic animal.

C.

Potentially Dangerous Animals.

1.

When probable cause exists that an animal is potentially dangerous, a potentially dangerous animal hearing shall be scheduled pursuant to Section 19.102.160 (Administrative Hearing Procedure) of this Code.

2.

Requirements for a dog to be declared potentially dangerous.

a.

If there are no additional instances of potentially dangerous animal behavior within thirty six (36) months of being designated a potentially dangerous dog, the dog will be removed from the list of potentially dangerous dogs (CFAC 31644).

b.

All potentially dangerous dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the dog. The owner shall pay an annual potentially dangerous dog registration fee in addition to the regular licensing fee in an amount to be determined by resolution of the City Council (CFAC 31641).

c.

A potentially dangerous dog, while on the owner's property, shall at all times be kept indoors, or in a securely fenced, locked yard from which the animal cannot escape, and into which children cannot enter. A potentially dangerous dog may be off the owner's premises only if it is restrained by a substantial chain or leash, and under the control of a responsible adult, who is capable of controlling such animal (CFAC 31642).

d.

The owner of a potentially dangerous dog shall notify City Animal Control, in writing, within two (2) calendar days, if the animal dies or is sold, transferred, or permanently removed from the City of Twentynine Palms (CFAC 31643).

e.

It is unlawful to possess any dog in violation of any of the restrictions placed upon it at a potentially dangerous dog hearing. Any dog in violation of these requirements may be impounded and held pending a vicious dog hearing.

3.

Exemptions.

a.

This Chapter does not apply to licensed kennels, humane society shelters, animal control facilities or veterinary clinics.

b.

This Section shall not apply to any dog utilized by any police department or any law enforcement officer in the performance of police or law enforcement work.

D.

Vicious Animals.

1.

When probable cause exists that an animal is vicious, a vicious animal hearing shall be scheduled pursuant to Section 19.102.160 (Administrative Hearing Procedure) of this Code.

2.

An animal may also be considered to be vicious when it has previously been determined to be potentially dangerous by hearing or stipulation, and the owner has failed to meet any part of the requirements of the hearing officer as set forth in the potentially dangerous animal hearing.

3.

Requirements for Vicious Animals.

a.

All vicious animals shall be properly licensed and vaccinated. In addition, the licensing authority shall include a designation of vicious in the registration records of such animal. The owner shall pay an annual vicious animal registration fee, in addition to the regular license fee as determined by resolution of the City Council.

b.

The owner shall, at his or her own expense, have the vicious animal registration number assigned to the animal permanently tattooed upon the animal's left ear or, if the left ear is not available, in the left inner thigh, by a licensed veterinarian or person trained and licensed to do business as a tattoo artist. In addition, a conspicuously colored tag, provided by the City of Twentynine Palms Animal Control Services, shall be securely affixed to the animal, and must remain on the animal at all times.

c.

The owner of a vicious animal shall, within ten (10) calendar days of such determination, present said animal at Twentynine Palms Animal Control and allow photographs and measurements of the animal to be taken for purposes of identification.

d.

Any required enclosure for the animal shall prevent the entry of young children, and shall be suitable to confine a vicious animal in conjunction with other measures. The enclosure shall have an exercise area and shall be designed so that the animal cannot escape. The owner shall conspicuously display signs with words or symbol warning of the presence of a vicious animal as approved by the Animal Control Officer.

e.

While off of the owner's premises, a vicious animal shall at all times be restrained by a substantial metal or leather chain or leash not exceeding six (6) feet in length, held by and under the control of a responsible adult, and the animal shall wear a muzzle approved by the City of Twentynine Palms Animal Control Services.

f.

The vicious animal also shall be spayed or neutered, at the owner's expense, within thirty (30) days of the determination of vicious animal.

g.

Inspection. The Animal Control Officer is authorized to make inspections he/she deems reasonably necessary to ensure compliance with these provisions.

h.

Notification of change of status. The owner of a vicious animal shall notify the City of Twentynine Palms immediately if said animal is loose, unconfined, has attacked another animal or human being, or has died. A vicious animal shall not be sold, bartered, or given away, or placed in a new home without prior notification of and approval by the City of Twentynine Palms Animal Control Services. Any new owner must be advised of the animal's status as a vicious animal and must comply with all of the stipulations set forth at the previous administrative vicious animal hearing.

4.

Time Limit to Meet Requirements Regarding Euthanasia.

a.

All requirements for owners of vicious animals must be satisfied within the time limit specified by the hearing officer after the animal was deemed to be vicious at a vicious animal hearing, or within thirty (30) days of the final appeal, when the appeal decision was an affirmation of the hearing officer's decision.

b.

If all requirements for vicious animals are not satisfied within thirty (30) days of the finding or final appeal, or within an extension of such time granted by the Animal Control Officer in writing, or the owner is unwilling to implement them, the animal shall be humanely euthanized pursuant to San Bernardino County Code.

5.

Impounding Vicious Animal.

a.

Any registered vicious animal shall be immediately impounded by the City of Twentynine Palms Animal Control if:

i.

The animal's registration is not properly maintained.

ii.

Inspection by the Animal Control Officer reveals that the animal is not maintained in the required enclosure.

iii.

The animal is outside of the dwelling of the owner or the defined enclosure and not under the physical restraint control of a responsible adult.

iv.

The animal is being kept in violation of any of the requirements set forth in Subsection 19.102.180.D(3).

6.

Even if the owner is in compliance with the regulations for keeping such a vicious animal, if the animal again attacks, bites, causes injury, or otherwise threatens the safety of a human being or domestic animal, then:

a.

Thereafter, the animal may be impounded and shall be kept at an appropriate facility designated by the City at the owner's expense pending the outcome of a hearing and any appeal that may be filed, to determine whether the animal is a threat to the public health and safety and whether the animal must be humanely euthanized or whether the animal can be returned to the owner under certain conditions.

b.

The owner of an animal determined to be vicious may be prohibited by the City from owning, possessing, controlling, or having custody of any dog for a period of up to three (3) years, when it is found at a hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare (CFAC 31646).

7.

Destruction of Vicious Animal.

a.

An animal determined to be vicious may be ordered destroyed by Animal Control when it is found, at a hearing, that the release of the animal would create a significant threat to the public health, safety, and welfare (CFAC 31645).

b.

If it is determined that an animal found to be vicious shall not be destroyed, the hearing officer shall impose conditions upon the ownership of the animal that protects the public health, safety, and welfare.

8.

Vicious Animal Brought to Twentynine Palms from Another Jurisdiction. It is unlawful for any animal owner or custodian to bring an animal into the City of Twentynine Palms that has been declared vicious by another jurisdiction.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

Duty to Report Animal Bites. It shall be the duty of any person having knowledge that any animal subject to rabies (all warm-blooded mammals), whether or not the animal is suspected of having rabies, has bitten any human being within the City of Twentynine Palms to immediately report the fact to City Animal Control or the sheriff with full information in regard to the incident.

B.

Duty to Report Rabid Animals.

1.

It is the duty of any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies to report the fact immediately to City Animal Control. If such person is the owner or possessor or has custody of such animal, he shall immediately confine it and keep said animal strictly confined until it is established to the satisfaction of said official that such animal has or does not have rabies.

2.

Where such owner or possessor does not have the proper facility for such confinement, or where the owner of such rabid or suspected rabid animal is not known, such animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in a pound, veterinary hospital, or other adequate facility in a manner approved by City Animal Control, and shall not be killed or released for at least ten (10) calendar days after the onset of symptoms suggestive of rabies.

3.

If such animal creates a menace to the public health and safety, the Animal Control Officer or his representative may kill or destroy the animal forthwith and examine it for rabies in the laboratory using the fluorescent rabies antibody (FRA) test in the County Health Department Laboratory.

4.

Whenever any such owned biting animal is quarantined in a place other than the premises of its owner, all expenses incurred in its confinement shall be the liability of the owner or custodian of such biting animal.

C.

Confinement of Biting Animal.

1.

Upon receipt of a report that a person has been bitten by an animal subject to rabies, any person authorized to enforce the provisions of this Chapter is hereby empowered to enter upon any private property, including the home or residence where the biting animal is kept or has strayed, to inspect and strictly isolate, and seize and impound if necessary, any such animal for a period of ten (10) calendar days (for dogs and cats) and fourteen (14) calendar days (for other animals).

2.

Notwithstanding the foregoing provisions, the Animal Control Officer may authorize, with permission of the owner, the euthanasia of a biting animal for the purpose of laboratory examination for rabies using the fluorescent rabies antibody (FRA) test in the County Health Department Laboratory.

3.

It shall be unlawful for any person to remove from any place of isolation or quarantine any animal which has been isolated or quarantined under the provisions of this Chapter, without the consent of City Animal Control.

D.

Disposition of Animals Bitten by Rabid Animals.

1.

Any animal that is subject to rabies, that is bitten by, or bites, an animal believed to have rabies, shall, upon notification by or of its owner or custodian, be:

a.

Immediately given a rabies vaccination (regardless whether the animal has had a recent rabies vaccination) and quarantined at a location approved by Animal Control for a period of six (6) months; or

b.

Immediately destroyed unless the animal suspected of having rabies is determined by laboratory examination to be negative from rabies.

2.

If the custodian of an animal bitten by a suspected rabid animal fails to euthanize or quarantine their animal, or the custodian of the animal is unknown or cannot be contacted, Animal Control may, at its discretion, immediately euthanize or quarantine the animal.

3.

The carcass of any dead animal exposed to rabies will, upon demand, be surrendered to Animal Control.

4.

At the discretion of the Animal Control Officer, the County Health Laboratory shall examine high-risk or medium-risk animals for rabies when they are involved in a biting incident. Specimens of low-risk animals may be examined upon payment of reasonable laboratory fees.

5.

Posting of Quarantine Sign. It shall be the duty of any person authorized to enforce the provisions of this Chapter to post an appropriate sign in a conspicuous place at a location where a dog or cat or any biting, vicious or rabid animal is being quarantined or confined to warn the public of this fact. It shall be unlawful for anyone to obstruct the posting of such a sign or to remove or destroy such a posted sign without permission of Animal Control.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

19.102.200 - Animal Licensing and Vaccination.

A.

Dog License. Every resident in the City of Twentynine Palms who owns, has an interest in, harbors and feeds, or has the care, charge, custody, or possession of a dog four (4) months of age or over, and whether such dog is confined or not, shall obtain a City dog license for such dog.

B.

Possession of Unvaccinated Dog. It shall be unlawful for any person in the City of Twentynine Palms to own, have an interest in, harbor and feed, or have the care, charge, custody, or possession of a dog over the age of four (4) months, whether such dog is confined or not, unless such dog has a current vaccination with a rabies vaccine approved by the California Department of Public Health and is officially tagged as provided for in this Chapter. Said vaccines shall be used exclusively to vaccinate all dogs in the City of Twentynine Palms. Vaccinations with said vaccines shall be valid for a period not to exceed three (3) years.

C.

Vaccination.

1.

Said rabies vaccination shall be administered only by a veterinarian who is duly licensed to practice in the state of California. Vaccination for rabies may be done in any veterinary clinic or hospital or in a low-cost rabies vaccination clinic sponsored by the County or any incorporated city.

2.

Each dog shall have a current rabies vaccination as evidenced by a valid rabies certificate issued by the veterinarian who performed the vaccination as a requisite to licensing. Provided further that rabies vaccination certificate shall not be required if the license is obtained at the time the dog is vaccinated at a County or City low-cost clinic.

3.

While a dog is being used as a guard dog in the City, it must have a City dog license and the license tag must be securely fixed to the dog's collar regardless of where the owner resides and whether a license has been obtained for that jurisdiction.

D.

Exceptions to Vaccination.

1.

Notwithstanding the provisions of this Chapter, a dog may be licensed without a rabies vaccination if the custodian of such dog provides Animal Control with a letter from a licensed veterinarian attesting to the fact that the dog cannot receive a rabies vaccination due to an infirmity or disability.

2.

The owner or custodian of such dog shall, within ten (10) days after the termination of such infirmity or disability, have the dog vaccinated and licensed.

3.

Any such dog with infirmity or disability shall be securely confined within its custodian's premises so that it does not come in contact with any other animal or person.

E.

Licensing of Animal Establishments Other Than Dog Kennels and Catteries. No person shall, in the City, conduct or operate any pet shop, pet grooming parlor, or any other type of commercial business involving animals, without first conforming to the requirements of the City's Animal Control, obtaining a City business license, obtaining any other permits required by the City, and receiving approval of the appropriate planning permit from the City's Community Development Department (if required). Any such establishment shall also conform to the appropriate development codes.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

Commercial kennels and catteries shall only be located in Service Commercial (CS) or Community Industrial (IC) land use districts.

B.

License Requirement. Every person, firm, or corporation engaged in the operation, control, or management of a kennel or cattery as herein defined shall obtain a City Business license, meet requirements of the City Animal Control, and pay annual license fees as determined by resolution of the City Council.

C.

Kennel License Requirement.

1.

The license must be renewed annually.

2.

All dogs or cats owned by, under the control of, or in possession of a kennel or cattery operator shall be subject to the provisions of this Chapter. The City Animal Control shall have the power, upon the giving of ten (10) days' notice by United States mail or by personal delivery to any licensee under this Section, and an opportunity to be heard, to revoke any license granted to a kennel or cattery operator for violations of this Chapter.

3.

Any person convicted of any crimes against animals within the past ten (10) years will not be permitted to operate, control or manage a kennel or cattery in the City of Twentynine Palms.

D.

Kennel and Cattery Facility Standards.

The facilities shall be structurally sound and maintained in good repair to prevent injury to animals, contain the animals, and restrict the entrance of other animals.

2.

Reliable and adequate potable water shall be available.

3.

Facilities for isolating animals under quarantine or treatment for disease shall be in a room that is separated from healthy animals.

4.

Facilities shall be provided for the storage of food and bedding in covered containers, protected against infestation or contamination by vermin.

5.

Refrigeration shall be provided for perishable items of the diet normally requiring refrigeration.

6.

Provisions shall be made for the removal and disposal of excretion, bedding, dead animals, and debris. Disposal facilities shall be so constructed and operated as to minimize vermin infestation, offensive odors, and disease hazards.

7.

Washrooms, sinks and basins shall be provided to maintain cleanliness of personnel.

8.

Facilities shall be heated or cooled when necessary to protect the animals and to provide for their health and comfort.

9.

Facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. All rooms shall be provided with fresh air by air conditioning or evaporative cooling. They shall be ventilated so as to minimize drafts, offensive odors, and moisture condensation.

10.

Facilities shall have ample light by natural or artificial means. Animal enclosures shall be placed as to prevent discomfort to animals.

11.

The interior building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily sanitized.

12.

A suitable method shall be provided to rapidly eliminate excess water. Rooms shall be provided with drains and sloped for adequate flushing. If closed drainage systems are used, they shall be equipped with traps.

13.

The animal waste in kennels, cages or pins shall be removed at least once a day and the kennel, cage or pin sanitized.

E.

Commercial Kennels.

1.

Runs shall be constructed of concrete or other suitable nonporous material. The floors shall slope onequarter (1/4) inch per foot to a drain or to a drain way. All such drains shall be properly plumbed, trapped and vented and shall be connected to an approved underground disposal system which shall consist of a septic tank and seepage pit or leaching line as required by the County Health Department.

2.

Kennels shall not be constructed closer than three hundred (300) feet away from any structure on adjacent property used for human habitation nor closer than forty (40) feet to any dwelling on the premises, except that of the owner/operator's home.

3.

Provisions shall be made in boarding and breeding kennels for the separation of kennel owned dogs from those owned by other persons.

4.

A perimeter fence made of chain link or other suitable sturdy fencing and six (6) feet high is required around the kennel.

5.

Runs made of chain link or block walls are required.

6.

Access to clean food and water is required.

7.

Floors shall be constructed to prevent injuries to animals; wire and mesh which allow animals' feet to pass through shall not be used.

If dogs are housed in rooms, pens, or runs, a minimum of eight (8) square feet of floor space shall be provided for each dog measuring two (2) feet or less in length, and a minimum of twelve (12) square feet of floor space for each dog measuring more than two (2) feet in length. No more than five (5) dogs may be housed in one (1) pen or run.

9.

A dog shall not be housed in a cage unless the interior height of such cage is six (6) inches or more in excess of the height of the dog as measured from the floor to the apex of its shoulders while in a standing position, and the width and depth are six (6) inches or more in excess of the length of the dog as measured from the end of its nose to the base of its tail. No more than one (1) dog or five (5) puppies shall be housed in any one (1) cage.

10.

All dogs eight (8) weeks of age must receive a series of puppy vaccinations as directed by the local veterinarian. All adult dogs must receive all annual boosters required for prevention of contagious disease.

11.

All dogs four (4) months of age or older shall be currently vaccinated against rabies with chick embryo modified live virus rabies vaccine. The state of California requires that a licensed veterinarian administer all rabies vaccinations.

12.

All dogs shall be individually vaccinated and have a current City dog license attached to their collar.

13.

Records of all dogs and their vaccinations must be kept and made available to the Animal Control upon request.

14.

All kennels, runs, buildings and other equipment and facilities used for the care of dogs shall be cleaned daily and shall be disinfected as necessary to prevent the spread of disease. Boarding kennels shall disinfect all facilities used in the care of dogs between each separate usage.

15.

All droppings shall be removed from the kennel daily. Soiled papers and bedding materials shall be removed from the kennel as frequently as necessary to maintain the kennel in a clean, sanitary manner. All such waste material shall be disposed of in a manner satisfactory to Animal Control.

16.

When any dog is sold, the purchaser shall be provided with a copy of the "Certificate of Vaccination" issued by a veterinarian and shall be advised to obtain a dog license in their name within thirty (30) calendar days from the date of purchase.

17.

The kennel shall be constructed with sound-deadening materials so that barking cannot be heard one hundred (100) feet from the structure.

F.

Commercial Catteries.

1.

Individual animal cages shall be constructed of concrete, plastic, stainless steel, or other suitable, washable, nonporous material, and shall be maintained so as to provide sufficient space for the animal to make normal postural adjustments with adequate freedom of movements and to remain dry and clean.

2.

Interior height of cages shall be at least two (2) feet and a minimum of three (3) square feet of floor space shall be provided for each adult cat. No more than two (2) adult cats without kittens shall be housed in one (1) cage. No more than one (1) cat with nursing kittens shall be housed in one (1) cage.

3.

If cats are housed in pens or runs, a minimum of three (3) square feet shall be provided for each cat. The maximum number of cats without nursing kittens housed in a pen shall not exceed five (5).

4.

Operation, Construction, and Maintenance.

a.

All cats shall be confined and not allowed to run at large.

b.

Adequate housing shall be provided for the protection of cats from the elements.

c.

The building within which cats are to be housed shall be provided with adequate ventilation and lights, and shall be constructed so as to be easily kept clean and sanitary at all times. Adequate ventilation shall be that which minimizes drafts, avoids offensive odors, and prevents moisture condensation. Cat odors shall not be allowed to persist inside the building.

d.

Adequate heating and cooling shall be provided.

e.

Cat cages shall be within an enclosed building and shall be a nonporous material, such as plastic, fiberglass or stainless steel or other material that will prevent the escape of the animal through decomposition of the material of which the cage is made, and at the same time permits easy cleaning. The minimum floor space of each cage shall be three (3) square feet for each adult cat. Each cage shall be at least two (2) feet in height. No more than two (2) adult cats without nursing kittens or one (1) cat with nursing kittens shall be placed inside each cage.

f.

Inside runs shall be so constructed that a minimum space of three (3) square feet is provided per cat, and that the maximum number of cats without nursing kittens to be housed in each pen shall not exceed five (5). Wire netting used between pens shall be such that the cats cannot put their feet through the wire netting spaces. If dividers are of solid construction, this shall be of uniform material and make. Enclosures shall be constructed so as to enable the animals to remain dry and clean.

g.

Each pen shall be provided with a cat scratching post.

h.

Cat resting or sleeping shelves shall be provided and shall be uniform and of approved construction.

i.

All cats shall be provided with sufficient clean litter to contain excreta and these shall be disposed of daily in a manner approved by Animal Control.

j.

Adequate provision shall be made for the disposal of dead animals which shall be satisfactory to Animal Control.

k.

Boarded cats shall be caged or penned individually and separated by a floor to ceiling solid partition, unless they belong to the same owner, in which case they may stay together provided there is adequate space.

l.

The operator of every cattery shall be responsible to take the appropriate preventive measures to preclude outbreaks of infectious and contagious diseases, as well as external parasites, among the cats.

m.

Adequate disinfection shall be provided. Beddings shall be cleaned and laundered at the end of each boarding period prior to use by another cat.

n.

Provisions shall be made for convenient access to clean food and water. Food and water containers shall be kept clean and sanitary. Animal feed shall be properly stored and protected from contamination and vermin infestation.

o.

All cats are required to have annual vaccinations against all infectious diseases, including rabies. Kittens must have a series of vaccinations. Proof of vaccinations must be made available upon request of the Animal Control Officer.

G.

Home Kennel or Cattery.

1.

A home kennel or cattery is for the private breeding of dogs or cats, not for the commercial kenneling of dogs or cats owned by other persons. The number of adult breeder dogs and/or cats cannot exceed the number allowed in the land use zone where the animals are kept. Puppies or kittens under four (4) months old are not considered in the number of dogs and cats allowed on the property.

2.

A City Business License is required.

3.

Breeding facilities must be approved by Animal Control before a Business License can be issued.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

19.102.220 - Horses.

A.

Keeping of Horses.

1.

Horses may be kept on residential land use district property that is at least one (1) acre or greater and is not designated a non-equestrian area.

2.

Horses are prohibited on parcels less than one (1) acre in size. Horse density shall be one (1) horse per quarter acre, with a maximum of six (6) horses when not combined with other large livestock animals, regardless of the acreage in excess of one (1) acre.

3.

Horses are an accessory use in all land use zones.

4.

The permitted number of horses shall not include horses less than twelve (12) months old.

5.

All stables, corrals, and horse boarding facilities shall at all times furnish a shelter for all the horses kept on the property, providing them with shade from the sun and shelter from the elements. The horses shall be provided with fresh water at all times, and shall be fed daily. Such facilities shall meet all requirements of Twentynine Palms and California Codes. Construction of animal shelters over one hundred and twenty (120) square feet requires a Building Permit.

6.

It is unlawful for any person to neglect or fail to care for any animal in their care, or to allow any horse, or any other animal, to suffer or be treated cruelly, or to fail to provide veterinary care.

7.

Any property that boards or houses a horse or horses in numbers that exceed the allowable limits shall comply with the provisions of this Chapter within one hundred and eighty (180) days of the date of adoption of this Chapter.

8.

Waste from horses or any other large animal may be disposed of by a person or company licensed to dispose of such waste, or it may be tilled into the ground. Such waste shall not be allowed to accumulate, and shall not create an insect, malodorous, or visual nuisance.

9.

Ridden or Driven Horses or Livestock. It shall be unlawful for any person to willfully or negligently permit any livestock or horses to be ridden, led, driven across, or left on any private lands, public lands, streets, sidewalks, or public right-of-way in the City of Twentynine Palms without obtaining prior consent of the private owner or public agency holding or governing such lands.

10.

Equestrian Area. Any residential property of at least one (1) acre in size, in an area declared to be an equestrian area by the City Council, may have one (1) horse per quarter acre with no upward limit on the total number of horses.

a.

See Equestrian Overlay District.

b.

Notwithstanding the foregoing, if an excess of the ten (10) horses is requested or kept, a Site Plan Review shall be required prior to the establishment of the additional horses.

Non-Equestrian Area.

a.

No horses may be kept in any area designated as a non-equestrian area by City Council resolution. Any property containing legally existing horses in said area shall have a legal nonconforming status when the property in question has been designated a non-equestrian area by City Council resolution. In considering adoption of such a resolution, the Planning Commission and City Council shall hold a public hearing, notice of which is given pursuant to Section 65090 of the California Government Code. The City may impose a fee for the processing of requests to have property designated a non-equestrian area; in the event that a petition for a non-equestrian area is submitted, and is signed by at least five (5) contiguous property owners, no application fee will be required.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

Public stables or horse boarding will only be permitted, and a permit issued, on property zoned for such use.

B.

Stables or horse boarding may only be permitted upon the granting of, and in conformance with, a Conditional Use Permit issued by the Planning Commission.

C.

It shall be unlawful to operate, or permit to be operated, any stables or horse boarding business without a valid permit to do so.

D.

Compliance with Rules and Regulations.

1.

No such permit shall be issued unless the applicant agrees in writing to comply with such rules and regulations as may be promulgated by the City's Animal Control for the location, operation, maintenance and care of the horses. The applicant shall also agree to handle and properly remove the waste from such horses so that it does not create an offensive odor or a danger to human or animal health or become a public nuisance.

2.

Such permit may be revoked by the Planning Commission for failure to comply with such rules and regulations, or if at any time such place becomes a menace to human or animal health, or a public

nuisance.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

A.

License, compliance with regulations. Notwithstanding the provisions of this Title, it is unlawful for any person to own or have custody, control or possession of any pot-bellied pig within the City unless such pot-bellied pig is licensed pursuant to the provisions of this Chapter within ten (10) calendar days upon said pot-bellied pig's entry to the City and unless said pot-bellied pig complies with the regulations as set forth in this chapter.

B.

Licensing procedures. Any person owning or having custody or control of a pot-bellied pig within the City may obtain a license for such pot-bellied pig from the Animal Control Department in accordance with the following procedures:

1.

Application. File with the Animal Control Department an application on a form provided by the City.

2.

License fee. The application shall be accompanied by a nonrefundable license fee in an amount as may be established by resolution of the City Council.

3.

Veterinary certification. The application shall be accompanied by a statement signed by a licensed veterinarian certifying that the pot-bellied pig has been spayed/neutered, that the pig is in good health and has received all necessary vaccinations, and the height and weight of the pig. Such certification shall be no older than thirty (30) calendar days when submitted to the Animal Control Department.

C.

Issuance, term, renewals.

1.

Issuance of license. The Animal Control Department shall issue a license for the keeping of a pot-bellied pig on a lot within the City zoned for such use upon the filing of a completed application and a finding that the animal meets the requirements set forth in Paragraphs 1 through 4 of Subsection D of this Section.

2.

Term of license. Any license issued pursuant to this Section shall be valid for a period of one (1) year from the date of issuance; provided, however, any license expiring on a Saturday, Sunday or holiday, shall be

valid until the next work day.

3.

Renewals. Any license issued pursuant to this Section may be renewed for periods of one (1) year each upon the filing of an application for such renewal with the Animal Control Department accompanied by a nonrefundable renewal fee in an amount as may be established by resolution of the City Council. The renewal application shall be on such form as provided by City. The Animal Control Department shall issue such renewed license unless it is found that the pot-bellied pig is not in compliance with the regulations as set forth in Subsection D of this Section.

D.

Regulations. The owner or person having custody, control or possession of a pot-bellied pig within the City shall comply with the following regulations:

1.

Spayed/neutered. The pot-bellied pig shall be spayed or neutered.

2.

Weight. The pot-bellied pig shall not weigh more than one hundred and twenty five (125) pounds.

3.

Height. The pot-bellied pig shall not exceed eighteen (18) inches in height as measured from the shoulder of said animal.

4.

De-tusked. Any male pot-bellied pig two (2) years of age or older must have his tusks removed.

5.

Confinement on premises. Each pot-bellied pig shall be provided with a fenced yard designed to assure that the animal is confined and managed in a safe, clean and odor-free manner when out-of-doors. Notwithstanding any other provision of this Code, the pot-bellied pig may be kept as a pet in the residence on the lot upon which said pot-bellied pig resides.

6.

Harness requirements. Each pot-bellied pig while on a street, sidewalk or other public place shall be restrained by a harness and leash or similar restraint not longer than six (6) feet in length held by a competent person.

E.

Revocation of license. The license for a pot-bellied pig issued pursuant to this Section may be revoked by the Animal Control Department upon the finding that the provisions of Paragraphs 1 through 4 of

Subsection D of this Section have been violated and not corrected within ten (10) calendar days of issuance by the Animal Control Director or a deputy of the Animal Control Director of a notice of such alleged violation or within such longer period as may be specified in the notice of violation. Upon failing to correct the violation within the required time, the Animal Control Director shall issue a written notice of the revocation of the license and the pot-bellied pig must be removed from the City within ten (10) calendar days thereafter or such longer period as may be set forth in the notice of revocation.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

Any person violating any of the provisions of this Chapter shall be guilty of an infraction.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

If any Section, Subsection, sentence, clause, phrase, or portion of this Ordinance shall be found for any reason to be invalid or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each Section, Subsection, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one (1) or more Sections, Subsections, phrases, or portions be declared invalid or unconstitutional.

(Ord. No. 303, § 3(Exh. A), 2-15-2023)

Chapter 19.104 - Automobile and Vehicle Related Uses