Twentynine Palms Municipal Code Ch. 8.01 Pets

The following words and phrases shall, for the purpose of this Chapter, be defined as follows; unless it is clearly apparent form the context that another meaning is intended.

(a) A "cat" shall mean a feline of either sex, altered or unaltered, that has reached the age of four (4) months.

(b) A "dog" shall mean a canine of either sex, altered or unaltered, that has reached the age of four (4) months.

(c) "Code Enforcement Officers" means the City Code Enforcement Officer or his designee.

(d) "Domestic animal" means dogs, cats, canaries or birds of the psittacine family and fish.

(e) A "pet," herein defined shall mean any animal that is kept and cared for, which is for companionship, protection, or adornment of a home. Pets shall include, but not be limited to; dogs, cats, ornamental or song birds, fish, or small animals kept in a cage such as hamsters, white mice, reptiles, etc. Pets shall not include poultry or animals, kept for profit or sale, or animals not permitted by the laws of the State of California or the County of San Bernardino.

(f) As used herein, "residential unit" means a single-family residence, including a manufactured home or unit in a multi-family residential structure, and the surrounding yard or grounds belonging to that unit.

(Ord. 112 §2, 1993)

Pets may be kept in any residential unit; provided, the keeping of said pets does not constitute a nuisance, hazard or other detriment to the health, safety or general welfare of the community by reason of problems, including, but not limited to, noise and odor.

(a) Dogs And Cats.

(1) Numbers of dogs and cats that may be kept.

Dogs and/or cats (as defined) may be kept in a residential unit in the following numbers maximum except as set out in subsection (b) of this section or where they create a public nuisance, regardless of their number.

(A) OSR, Open Space Residential (RCN):

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

(B) E, Estate (Rural Living):

E-1 (Rul-1) - three (3) dogs and/or three (3) cats, or any three (3) in combination;

E-2.5 (Rul-2.5) three (3) dogs and three (3) cats;

E-5 (Rul-5) four (4) dogs and four (4) cats total per lot.

(C) RS, Single Family Residential:

RS-1 - three (3) dogs and/or three (3) cats;

RS-2 - three (3) dogs or three (3) cats.

RS-3 - two (2) dogs and one (1) cat or two (2) cats and one (1) dog.

RS - two (2) dogs or two (2) cats.

(D) RM, Multiple Family Residential:

Detached Single Family Residences - two (2) dogs or two (2) cats;

Attached units - one (1) dog or one (1) cat.

(E) Legal Nonconforming Residences in Non-residential Zones:

Detached Single Family Residences one (1) acre or larger - three (3) dogs and/or three (3) cats.

Other Detached Residential Dwellings - two (2) dogs or two (2) cats.

Attached Units - one (1) dog or one (1) cat.

(2) Additional Animal Entitlement Permit (AAEP).

(A) Except in the case where a kennel or a cattery is duly approved, the entitlement of any residence shall not exceed four (4) dogs and four (4) cats. Where the zoning entitlement is less than four (4) dogs and/or four (4) cats an additional animal entitlement up to either four (4) dogs or four (4) cats, not both, may be permitted by the issuance of an Additional Animal Entitlement Permit (AAEP).

(B) An AAEP Permit may be issued by the Animal Control Officer (ACO) upon receipt of a completed application on forms provided by the City and receipt of a cost recovery fee as established by City Council Resolution.

(C) A granted AAEP is valid only for the specific animals, property and owner identified in the application. Such an AAEP is neither transferable to another property or 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 application.

(D) In granting or denying an AAEP Permit, the ACO shall apply the following criteria:

(i) There are unusual or extenuating circumstances that warrant the consideration of the permit;

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

(iii) The residences abutting or in close proximity (i.e., within one hundred fifty feet (150′)) are given written notice of the consideration of the request and are given at least five (5) working days to respond in writing expressing any concerns;

(iv) In no case shall an AAEP for additional animals be granted on property that is registered as a location for a dangerous or vicious animal, or for any party that has a history of violations of City Ordinances;

(v) In granting an AAEP, the ACO may set a time limit provided that the permit shall be valid for at least six (6) months;

(vi) If at any time after the issuance of an AAEP, the ACO determines through the receipt of sufficient evidence, that the additional animals have become a nuisance or a problem to the area, the ACO may suspend or revoke the Permit, subject to the applicants right of appeal.

(E) The ACO shall render a decision on the granting or denial of an AAEP within fifteen (15) working 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. The applicant, in the case of denial, revocation or suspension, or any of the notified neighbors, in the case of approval, may file an appeal of the decision of the ACO. The appeal shall be in writing, be filed with the City within ten (10) days of the date of decision and be accompanied by the appropriate fee for appeals set by the City Council. The appeal must state the reason for the appeal and where, in the opinion of the appellant, the ACO erred in the decision. In the case that an appeal is duly filed, a noticed public hearing shall be conducted by the Planning Commission, said notice given not less than ten (10) days prior to the hearing date. Notice shall be published in a newspaper of general circulation and mailed to the applicant, the appellant (if different) and any person who responded to the consideration in writing. After conducting the public hearing, the Planning Commission shall render a decision. The Planning Commission's decision shall be final and conclusive.

(b) Ornamental And Song Birds. Twenty-five (25), unless an aviary is permitted by the applicable Zoning or Land Use District Regulations. No AAEP is required or available for larger numbers.

(c) Other Small Rodents And Reptiles. Twenty-five (25), if kept indoors in cages. No AAEP is required or available for larger numbers.

(d) Fish. No specified limit.

(e) Poultry.

(1) Except for the OSR (RCN) and the E (Rul) Zones, no poultry shall be permitted on a property except where both, the property is at least one (1) acre in size and the ACO has issued an AAEP pursuant to subsection (a) of this section.

(2) Subject to subsection (e)(1) of this section, the following ratios apply to the keeping of poultry:

(A) OSR (RCN): one hundred (100) per acre;

(B) E (Rul): fifty (50) per acre, maximum two hundred (200);

(C) All other zones: twenty-five (25) per acre, maximum one hundred (100).

(f) Unlawful to Exceed Limits. It is unlawful to keep a number of dogs, cats, birds or poultry exceeding the numbers set out in subsections (a) through (e) of this section, except as may be otherwise approved by kennel license or use permit.

(Ord. 112 §3, 1993)

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

(a) Dwelling Unit. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within twenty feet (20′) (6.10m) of any dwelling on the same lot or parcel of land.

(b) Front Lot Line. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within seventy-five feet (75′) (22.86m) of any front lot line.

(c) Side Street. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within seventy-five feet (75′) (22.86m) of any side street or closer to any side street line than a distance equal to one-half (½) of the width of the lot or building site abutting such side street, whichever distance is lesser.

(d) Interior Lot Line. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within fifteen feet (15′) (4.57m) of any interior side lot line.

(e) Rear Lot Line. No pen, corral, stable, coop or other animal enclosure shall be constructed or maintained within ten feet (10′) (3.05m) of any rear lot line; provided, however, where the rear lot line is parallel with and contiguous to any alley, such structures may be erected, placed or maintained up to such rear lot line, except that this provision shall not authorize the erection, placement or maintenance of any accessory building or structure in the rear yard of any agricultural use.

(Ord. 112 §4, 1993)

No pet or group of pets, regardless of the number permitted, shall be kept or maintained in any manner so as to constitute a nuisance, hazard or other detriment to the public health, safety or general welfare of the community or neighborhood wherein the pet or pets are kept or maintained, including, but not limited to any condition resulting in breeding flies, mosquitos, gnats or rodents, or other pests, the failure to remove animal waste; or allowing excessive disturbing or offensive noise, such as barking, whining, growling or bleating.

(Ord. 112 §5, 1993)

The City Manager shall assign an Administrative Hearing Officer; who may be any City employee other than a Planning Commissioner, Councilmember or an employee of the Animal Control Department; to conduct an administrative hearing to consider evidence as to whether any pet or pets constitute a nuisance, hazard or detriment to the community or neighborhood. Such hearings may be initiated by either:

(a) Submittal of a petition signed by twenty-five percent (25%) of the neighbors within three hundred feet (300′) (91.44m) of the property on which the pet or pets are kept or maintained, stating the basis of the nuisance allegation; provided, that there is a minimum of five (5) valid signatures; or

(b) By the recommendation of duly authorized investigating officer employed by, or contracted by, the City of Twentynine Palms Animal Control Department or any duly established police agency; based upon the officer's findings during the investigation of the situation.

(Ord. 112 §6, 1993)

If the person having charge, care, custody and control of the pet, takes necessary corrective measures in advance of the hearing and so notifies the Code Enforcement Officer or develops a plan to correct the problems which is acceptable to the Code Enforcement Officer, the hearing may be canceled or postponed based upon the determination of the Code Enforcement Officer.

(Ord. 112 §7, 1993)

(a) Administrative Hearing. Upon proper initiation of a Nuisance Hearing the Code Enforcement Officer shall schedule an administrative hearing and notify, by mail, all property owners within three hundred feet (300′) (91.44m) of the subject property of the time and place of said hearing. Said notice shall be given not less than ten (10) days after receipt of the petition or administrative initiation.

(1) During the conduct of the hearing, the Administrative Hearing Officer shall take testimony or receive evidence pertaining to the alleged nuisance violation. This testimony shall be that on which reasonable people would rely.

(2) Upon completion of the hearing the Administrative Hearing Officer shall determine:

(A) Whether the evidence placed on the record is sufficient to support findings that a nuisance exist; and

(B) If findings, based upon evidence presented at the hearing, indicate that a nuisance does in fact exist, determine the manner in which said nuisance shall be abated and the date by which said nuisance shall be abated. After service of an Order of the decision of the Hearing Officer, abatement measures may include but are not limited to the following actions: seizure of the animals in question, in severe cases; the City contracting for the cleaning and removal of any physical nuisance and billing the property owner for such costs, including legal and administrative costs; the City placing a cloud on the title of the property designating that it is under violation of City Code, until such time as the nuisance is abated; and, notifying the County Tax Collector to place a lien on the tax bill of the property to cover any unpaid bills imposed upon the property owner for public costs to correct deficiencies or abate nuisances.

(b) Appeal of Hearing Officer's Decision Procedure. Any party aggrieved by the decision of the Administrative Hearing Officer may appeal such decision to the Planning Commission who shall set a date for an appeal hearing and notice said hearing in accordance with the procedures established in Section 8.01.090.

(Ord. 112 §8, 1993)

(a) The Hearing Officer shall within ten (10) days of the close of the hearing give written notice of the decision to the person having care, custody, charge or control of the pet and any other person requesting the same in writing. The notice shall contain an order of abatement, if a nuisance has been determined to exist, directed to the person having custody, care, charge or control of the pet, and shall set forth the nature of the nuisance, its location and time and manner of its abatement.

(b) Abatement measures may include a requirement that the number of pets at a residence be reduced; that animal wastes be removed or that noisy pets be silenced or removed.

(c) Where an appeal is filed as provided in Section 8.01.090, the order of abatement shall be suspended pending the review of the determination in the manner set forth in the ordinance codified in this Chapter.

(Ord. 112 §9, 1993)

(a) The person having care, custody, charge or control of the pet shall have the right of the appeal to the Planning Commission.

(b) The appeal shall be filed with the Secretary to the Planning Commission within five (5) working days following receipt of the written decision of the Hearing Officer. The appeal shall be in writing and shall state the grounds for the appeal. The appropriate appeal fee must be paid at the time of submission to the City.

(c) The Secretary to the Planning Commission shall set the matter for a de novo hearing before the Planning Commission at a date and time not less than fifteen (15) nor more than thirty (30) calendar days following the filing of the appeal. The ACO shall then notify the appellant and the person having custody, care, charge or control of the pet by mail of the date and time of hearing.

(d) The fee for the processing of an appeal shall be established or changed by the City Council resolution.

(e) The Hearing Officer shall provide its files regarding the matter to the Secretary to the Planning Commission at the time notice of the hearing is given.

(Ord. 112 §10, 1993)

(a) At the time and place for such hearing, the Planning Commission shall hear from staff and shall receive all relevant oral and written evidence on the alleged violation. The Planning Commission may continue the hearing from time to time.

(b) 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 order of abatement within thirty (30) calendar days after the mailing of a copy of its order to the person having care, custody, charge or control of the pet unless a period of time in excess of thirty (30) calendar days is specifically authorized within which to abate the nuisance.

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

(Ord. 112 §11, 1993)

A copy of the Commission's order shall be mailed to the appellant, the person having charge, care, custody and control of the pet and to any other person requesting the same, by the ACO within five (5) working days after conclusion of the hearing and decision. The Commission's decision shall be final and conclusive. Pursuant to the Code of Civil Procedure Section 1094.6, any action to review the decision of the Commission shall be commenced not later than the ninetieth (90th) day after the date the Commission's order is adopted, and the statement of decision shall so provide.

(Ord. 112 §12, 1993)

Where the Code Enforcement Officer is required to cause the abatement of a public nuisance pursuant to the provisions of this Chapter, an accounting of the costs shall be kept including incidental expenses of abatement. The term "incidental expenses" includes but is not limited to the actual expenses and costs of the City in the preparation of notices, including legal, inspection, animal control or related costs. Upon conclusion of the abatement, the Code Enforcement Officer shall submit an itemized statement of costs to the City and set the same for a hearing before the Planning Commission. The Code Enforcement Officer shall cause notice of the time and place of the hearing to be given to the person having care, custody, charge or control of the pet, the owner of the residential unit (where different) and to any other interested person requesting the same, by United States mail, first class, postage prepaid, to the person at his last-known address at least five (5) calendar days in advance of the hearing.

(Ord. 112 §13, 1993)

At the time and place fixed for receiving and considering the report, the Planning Commission shall hear and pass upon the report of the Code Enforcement Officer together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon the Planning Commission shall make such revision, correction and modification as it deems just, after which the report is submitted, and as revised, corrected or modified, may be confirmed. The hearing may be continued from time to time. The decision of the Planning Commission shall be subject to appeal to the City Council in the time and manner set forth in Sections 8.01.090 and 8.01.100.

(Ord. 112 §14, 1993)

The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessments against the respective lot or parcel of land to which it relates; and, after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of the assessment. After the confirmation of the costs, a copy thereof shall be transmitted to the tax collector for the City, whereupon it shall be the duty of the tax collector to add the amounts of the assessment, or assessments, to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes; and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

(Ord. 112 §15, 1993)

Nothing in this Chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter; nor shall anything in this Chapter be deemed to prevent the City from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter, or to it from pursuing any and all other remedies legally available.

(Ord. 112 §16, 1993)

(a) Penalty. The person having custody, care, charge or control of any such pets who maintains any public nuisance as defined in this Chapter, or who violates an order of abatement made pursuant to Section 8.01.080, or is in violation of any other provision of this Chapter is guilty of an infraction, punishable as set out in the City Ordinance No. 88-21.

(b) Warning Required. Notwithstanding subsection (a) of this section, no citation shall be given for such an infraction without twenty-one (21) calendar days prior written notice to the owner or occupant of the residential unit in violation of the requirements of this Chapter and a request to comply therewith.

(Ord. 112 §17, 1993)