Vista Municipal Code § 6.10 Retail Sales ofDogs and Cats

Section 6.10.010 Definitions Whenever thefollowing wordsortermsareusedinthisChapter, theyshallhavethe meaning ascribed below: meansapublicanimalshelteroperated byanycityoranycountyor otherpublicagencyoranentityoperating undercontract withanycityorcountyorotherpublic agency. Animalsheltershallalsoincludeahumane societyordulyincorporated organization devotedtotherescue, careandadoption ofstray, abandoned orsurrendered animals. meansananimaloftheFelidaefamilyoftheorderCarnivora. meansadocument declaring thesourceofthedogorcatsoldor transferred bythepetstore. Thecertificate shallincludethenameandaddressofthesourceof thedogorcat. meansananimaloftheCanidae familyoftheorderCarnivora. meansaretailestablishment orstoreopentothepublicandengaging inthe business ofofferingdogsorcatsforretailsale. meansapersonwhoownsoroperatesorapetstore, orboth, and/ orwhohiresemployees atapetstoretoengageintheretailsaleofdogsorcats. includestodisplay, offerforsale, barter, auction, giveaway, lease, or transferanydogorcat. Ord. No. 2015-17,Added, 11/10/15) Section 6.10.020 Prohibition onCertain Sales ofDogs orCats Nopetstoreorpetstoreoperator shallselladogoracatunless: thedogorcatwas obtained directlyfromananimalshelterorthesaleisexemptpursuant toSection6.10.030. Ord. No. 2015-17,Added, 11/10/15) Section 6.10.030 Exemptions Thischapterdoesnotapplyto: 1. Apersonorestablishment thatsells, delivers, offersfor sale, barters, auctions, givesaway, leasesorotherwise transfers ordisposes ofdogsorcatsthatwerebornandreared onthepremises ofthepersonorestablishment; 2. Apublicly operated animal shelter; 3. Aprivate humanesocietyordulyincorporated organization devotedtotherescue, careandadoption ofstray, abandoned orsurrendered dogsorcats; 4. Apubliclyoperated animalshelter, humane society, orduly incorporated organization devoted totherescue, careandadoption ofstray, abandoned orsurrendered dogs orcatsthatoperates outoforinconnection withapetstore. Ord. No. 2015-17,Added, 11/10/15)

6.10 (1) ( Vista12/11/15)

VistaMunicipalCode

Section 6.10.040 Retail Sale ofShelter and Rescue Animals

Nothinginthischaptershallpreventapetstoreorpetstoreoperator fromproviding space

andappropriate carefordogsorcatsownedbyananimal shelter, ordulyincorporated organization devoted totherescue, careandadoption ofstray, abandoned orsurrendered dogs orcatsandmaintained atthe petstoreforthepurposeofengaging intheretailsaleofthose animals. Ord. No. 2015-17,Added, 11/10/15)

Section 6.10.050 Certificate ofSource

Apetstoreoperator shallpostandmaintaininaconspicuous place, onorwithinthreefeet

ofeachdog'sorcat'skennel, cageorenclosure, acertificateofsourceforeachdogorcatoffered forretailsaleensuring thedogorcatwasobtained infullcompliance withthischapter, andthe petstoreoperator shallprovideacopyofsuchcertificate ofsourcetothepurchaser ortransferee ofanydogorcat. Ord. No. 2015-17,Added, 11/10/15)

6.10 (2) ( Vista12/11/15)

Vista Municipal Code

Chapter 6. 12

Disposal of Dead Animals

Sections:

6. 12. 010 Definitions
7. 12. 020 Leaving Dead Animals on Private Property Prohibited - Nuisance
8. 12. 030 Disposal of Dead Animals by Owner
9. 12. 040 Disposal of Dead Animals by Owner or Occupant of Property
10. 12. 050 Removal and Disposal by City
11. 12. 060 Burial of Dead Animals
12. 12. 070 Collection and Transportation of Dead Animals

Section 6. 12. 010 Definitions

Animal" for the purposes of this article, means and includes, but is not limited, to all of

the following: A. All animals, whether wild or tame, including, but not limited to, the dog, cat, horse, mule, cattle, sheep, hog. B. All reptiles, including, but not limited to, the snake. C. All aquatic animals, including, but not limited to, fish. D. All birds, and all fowl including, but not limited to, the chicken, turkey, duck. Prior Code 4- 40; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 12. 020 Leaving Dead Animals on Private Property Prohibited - Nuisance

No dead animal shall be deposited or allowed to remain upon any premises within a

quarter of a mile of any street, park, highway, state highway or any public highway, road or alley, or any dwelling or other structure used or occupied by any person, or in any standing or running water or in any open excavation, and any animal deposited or allowed to remain upon such premises is declared to be a public nuisance. Prior Code 4- 41; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 12. 030 Disposal of Dead Animals by Owner

It is the duty of the owner of a dead animal to dispose of such dead animal in a manner

authorized by law. Prior Code 4- 42; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 12. 040 Disposal of Dead Animals by Owner or Occupant of Property

It is the duty of the owner, the occupant and any person having control of any premises

on which there is a dead animal to remove such dead animal from such premises, or otherwise dispose of such dead animal in a manner authorized by law. Prior Code 4- 43; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 12. 050 Removal and Disposal by City

A. In the event a dead animal is deposited or allowed to remain upon premises in

violation of this chapter, and the County Director of Public Health determines that, in the interest

6. 12 ( l) Vista 2/ 19/ 13)

Vista Municipal Code

of protecting the public health, the City should forthwith remove and dispose of such dead animal, the County Director of Public Health or any department of the City at the request of such Director may remove and dispose of such animal. B. In the event a dead animal is deposited or allowed to remain upon premises in violation of this chapter, the owner of the dead animal, the owner of such premises, the occupant of such premises and any other person having control of such premises who has knowledge of the existence of such dead animal or who has received notice from the County Director of Public Health requiring the removal of such dead animal shall be liable to the City for the cost of the removal and disposal of such dead animal by the City. Such cost may be recovered by a civil action in a court of competent jurisdiction. Prior Code 4- 44; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 12. 060 Burial of Dead Animals

No person shall bury the carcass of any dead animal in such a way that there is less than

three feet of soil above such carcass. Prior Code 4- 45; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 12. 070 Collection and Transportation of Dead Animals

A. Any person desiring to engage in the business of collecting or conveying or transporting dead animals along any public highways in the city, or who collects or so transports such animals incidental to the operation of a business, shall annually make an application to the County Department of Public Works for a separate permit for each vehicle in which dead animals are to be transported or conveyed. B. The Director of Public Works shall make an investigation to determine that such vehicle to be used will be suitable to transport dead animals and that such vehicle has a watertight body or watertight tank within which dead animals may be transported or conveyed. If the Director of Public Works is satisfied that such applicant meets the requirements of this chapter, he shall grant the applicant a permit to transport dead animals over any public highway in the vehicle for which the permit is issued. The fee for such permit is $ 20 for each such vehicle, which fee shall be paid and collected prior to the issuance of the permit. C. Unless sooner revoked, every permit issued pursuant to this section expires December 31 of the year in which it is issued. Each permit issued pursuant to this section shall be displayed in a prominent place on the vehicle for which it is issued. D. Vehicles used by a permittee to transport dead animals shall have watertight metal bodies and any dead animals therein shall be covered with a tarpaulin or other cover approved by the Director of Public Works. Such vehicles shall be cleaned and disinfected immediately after dead animals are transported in such vehicle. E. A permittee disposing of dead animals in the city shall dispose of such animals at a reduction plant approved by the County Director of Public Health. Prior Code 4- 46; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

6. 12 ( 2) Vista 2/ 19/ 13)

Vista Municipal Code

Chapter 6. 16

Bees

Sections:

6. 16. 010 Definitions
7. 16. 020 Chapter Supplements State Law
8. 16. 030 Location of Apiaries Restricted
9. 16. 040 Identification Signs Required for Certain Apiaries
10. 16. 050 Transportation of Bees
11. 16. 060 Fire Protection Requirements
12. 16. 070 Notice of Violations - Nuisance Abatement
13. 16. 080 Enforcement

Section 6. 16. 010 Definitions

Any word or phrase used in this chapter and not defined in this chapter has the meaning established for such word or phrase by Chapter 3A, Division 2 of the Agricultural Code of the state. County Agricultural Commissioner" means and includes such commissioner and regularly appointed employees of the County Department of Agriculture acting pursuant to his instructions. Prior Code 4- 47; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 16. 020 Chapter Supplements State Law

This chapter shall in all respects be construed to supplement and harmonize with the

provisions of law of the state pertaining to bees and the beekeeping industry. Prior Code 4- 48; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 16. 030 Location of Apiaries Restricted

A. No person shall place or keep an apiary, or cause or allow an apiary to remain on

land not owned or possessed by such person without first obtaining the permission to do so of the owner or person lawfully in possession of such lands. B. No person shall place or keep an apiary, or cause or allow an apiary to remain, closer than 600 feet to any house or building used as a dwelling, other than a house or building owned or possessed by such person. C. No person shall place or keep an apiary, or cause or allow an apiary to remain so close to a public road as to constitute a nuisance or hazard to persons using such road, and in no case shall an apiary be placed, kept or allowed to remain within 100 feet of the exterior line of the traveled portion of a public road. Prior Code 4- 49; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 16. 040 Identification Signs Required for Certain Apiaries

Every person owning an apiary located on premises other than where he resides shall

identify such apiary by a sign prominently displayed on the entrance side of the apiary stating, in black letters not less than one inch in height on a background of contrasting color, the name of the owner or person in possession of the apiary, his address and telephone number, or, if he has no telephone, a statement to that effect. Prior Code 4- 50; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

6. 16 ( l) Vista 2/ 19/ 13)

Vista Municipal Code

Section 6. 16. 050 Transportation of Bees

No person shall transport hives of bees between sunrise and sunset, or cause the same to

be done, unless such bees are confined to the vehicle by which such transportation is accomplished by screens or other equally effective means. Prior Code 4- 51; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 16. 060 Fire Protection Requirements

A. Firebreaks. Every person owning, possessing or controlling an apiary shall maintain a firebreak not less than 30 feet wide around such apiary, which firebreak shall meet the following specifications: 1. Within the 20 foot wide area closest to the apiary, a ten foot wide area shall be cleared to mineral soil of all combustible material, and all flammable or combustible vegetation or material shall be cut or trimmed to a height not greater than six inches above the ground throughout the area of the apiary lying within the inside perimeter of such ten foot wide area. 2. Within the area 30 feet distant from the apiary and lying outside of the outside perimeter of the ten foot wide area mentioned in paragraph 1 of this subsection, all flammable or combustible vegetation or material shall be trimmed to a height not greater than 12 inches above the ground. 3. Paragraphs 1 and 2 of this subsection shall not be construed to require the cutting or removal of individual live trees, unless such cutting or removal is required in writing by an officer or agency authorized to enforce this chapter. B. Bee Smokers. A bee smoker, defined to mean an appliance utilizing smoke or fire in aid of the manipulation or transportation of bees, shall be used, if at all, in accordance with the following regulations: 1. The bee smoker shall be plugged while being transported to or from an apiary with a metal or hardwood plug. 2. All burning or smoldering substances within the bee smoker shall be completely extinguished with water before being transported to or from the apiary, or the bee smoker containing such substances shall be carried in a container which is securely fastened to the vehicle used for the transportation thereof. 3. The container shall be used for the transportation of the bee smoker at any time that the bee smoker contains any burning or smoldering substance. 4. The container shall be metal and shall have a top or cover made of the same material as the container, which shall be securely fastened in the closed position whenever a bee smoker is being transported. C. Firefighting Equipment. The following firefighting materials shall be maintained in good working condition at all times when the apiary is attended by the keeper thereof, sufficiently near the apiary so as immediately to be available in case of fire: 1. A shovel. 2. A fire extinguisher, of either the two and one- half gallon water- under- pressure type or the five gallon back pump type; provided, that a fire extinguisher, equally effective as those above mentioned, may be used if written authority thereof is first obtained from an officer or agency authorized to enforce this chapter. Prior Code 4- 52; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 16. 070 Notice of Violations - Nuisance Abatement

A. Any person who violates any provision of this chapter may be served with a written

notice to cease or remedy such violation by the County Agricultural Commissioner or by any law enforcement officer of the City. Such notice shall require that such person cease or remedy the

6. 16 ( 2) Vista 2/ 19/ 13)

Vista Municipal Code

violation within 48 hours. No person shall fail to cease or remedy the violation within such 48- hour period. The notice required by this section shall be served personally on such person or, if he cannot be readily found, shall be served by mail ( return receipt requested) or, if he cannot be served by mail, then service shall be accomplished by posting such notice on a conspicuous place on or near the apiary where the violation occurred. The 48- hour period for which such notice provides shall commence to run from the time on the day such notice is served pursuant to this section. B. If the County Agricultural Commissioner determines that the violation of any provision of this chapter constitutes a public nuisance to the extent that the health, safety or welfare of the public is endangered through such violation, the Commissioner may forthwith take such steps to abate such nuisance as to him seems necessary and proper in the circumstances; provided, that the Commissioner shall not cause the destruction of any bees or any apiary unless in his opinion the nuisance cannot otherwise be effectively and timely abated. Prior Code 4- 53; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

Section 6. 16. 080 Enforcement

A. Any federal, state, district, county, or City officer or agency that is charged with

duties of fire prevention or control is authorized, within the geographical limits of its jurisdiction, to enforce the provisions of this chapter relating to fire protection. B. The County Agricultural Commissioner may enter upon any premises where bees are kept, or upon which he has reason to believe that bees are kept, in order to carry into effect the provisions of this chapter. C. No person shall interfere with the official actions of the County Agricultural Commissioner. Prior Code 4- 54; Ord. No. 63- 1, Adopted 1/ 28/ 63; Ord. 63- 13, Amended 2/ 15/ 63)

6. 16 ( 3) Vista 2/ 19/ 13)

Vista Municipal Code

Chapter 7.10

Cannabis Business Tax