Weed Municipal Code Ch. 6.13 Other Animals

No animal, whether mammal, reptile, fowl, insect, or other, shall be kept on any real property within the city, except with a special animal permit issued pursuant to Section 6.13.040, hereinbelow, and in full compliance with its conditions by the owner thereof.

(Ord. No. 400-2011, § 2, 4-14-2011)

Dogs, cats, and other household pets as defined in Section 6.04.060, and any animals confined to aquariums or other containers, in reasonable numbers, and which do not interfere with the use and quiet enjoyment of other private properties or any public property, or constitute a health or safety hazard, shall be exempt from the permit requirement of this chapter.

(Ord. No. 400-2011, § 2, 4-14-2011; Ord. No. 438-2017, § 4, 7-13-2017)

A. Exemption. Animals kept by members of Future Farmers of America (FFA) and similar organizations pursuant to the authorized activities of such organizations, in reasonable numbers and for limited periods of time, and which do not disturb neighbors or the general public or constitute a health or safety hazard, shall be exempt from the requirements of this chapter for a special animal permit.

B. Temporary Exemption Permit. Instead of a special animal permit, any person desiring to keep an animal or animals pursuant to this section shall apply for a temporary exemption, which shall be issued by the city administrator or his or her designee, without fee.

(Ord. No. 400-2011, § 2, 4-14-2011)

A. Permit Required. The keeping of animals regulated by this chapter is allowed only upon the issuance of a special animal permit.

B. Procedure. The city manager or designee shall specify the form of the application and other required information for the special animal permit. He/she shall determine whether a permit shall issue based upon whether it complies with this chapter and shall issue written findings in the event an application for a permit is denied, in whole or part. If the permit is to be issued without special terms or conditions, it may issue immediately and without reference or recommendation to the city council, the decision of which shall be final. The city council may, by resolution, adopt and revise standard terms and conditions for the issuance of all such permits. The city manager may recommend additional special terms and conditions pursuant to subsection D, below.

C. Appeal of Denial. The denial in whole or part of an application for a permit shall be appealable to the city council at any time.

D. Conditions. The city officer considering the application for the permit may specify the recommended terms and conditions of its issuance, including but not limited to its duration, the types and number of animals allowed, the manner in which they are to be housed and kept, fencing and other barriers, noise control, odor control, safety, lighting, setbacks, the collection and disposal of waste, and the retention of public liability insurance by the responsible party. If such special terms or conditions are imposed, the permit shall not be issued immediately; instead, the city manager shall make a written recommendation to the city council.

E. Approval of Recommendations. The city officer's written recommendations shall be submitted to the city council for its consideration and approval. The applicant and any other person with concerns about the issuance of the permit or the city manager's recommendations may comment upon the same, in writing or at the city council meeting.

F. Revocation. A special animal permit may be revoked pursuant to Section 6.13.070 of this title.

G. Notices. Notice of the filing of an application for a special animal permit shall be mailed to the owners of all properties immediately adjoining the property where the subject animals are to be kept, except where the owner of the adjoining property is the State of California or a public utility.

H. Fees. The city council may, by resolution or ordinance, from time to time specify the fees to be paid to the city as a condition or applying for a special animal permit, or to appeal its denial, which fees shall be for the purpose of recovering the city's actual costs to process the application or appeal.

(Ord. No. 400-2011, § 2, 4-14-2011; Ord. No. 438-2017, § 4, 7-13-2017)

Enforcement of the restrictions of this chapter and penalties for its violation shall be as follows:

A. Enforcing Officer. It shall be the duty of the police department, and the animal control officer, in particular, to enforce the provisions of this chapter.

B. Noncompliance. If any property within the city is allowed to be in violation of this chapter, and/or any person violates it, such property and/or person is deemed to constitute a public nuisance. The city attorney, upon order of the city council, shall commence the necessary action or proceedings for abatement or injunction in the courts which may have jurisdiction to grant such relief as will accomplish such abatement or injunction. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this chapter or any other law or ordinance. In addition, any adversely affected person may bring a private action for damages and/or injunctive relief.

C. Penalties. Any person, whether as property owner, tenant, occupant, invitee, or trespasser, who violates of any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable by a fine as then set forth in California Government Code Section 36900(b). Any violation of this chapter which is committed and continues from day to day constitutes a separate offense for each and every day during which such violation is committed and continued.

D. Impoundment of Animals. The city's animal control officer or other person designated by the city administrator may take into custody any animal found on public property which, if kept on private property, would violate this chapter.

(Ord. No. 400-2011, § 2, 4-14-2011)

Existing non-conforming uses of property shall be brought into compliance with this chapter within thirty days of the effective date of the enacting ordinance.

(Ord. No. 400-2011, § 2, 4-14-2011)

A special animal permit granted in accordance with the terms of this chapter may be revoked by the city council after not less than five days' written notice to the permittee, and a public hearing, if any of the conditions or terms of such permit are violated, or if the following findings are made: the continuance of the permit would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. No. 400-2011, § 2, 4-14-2011)

At the time notice is given to a permittee pursuant to Section 6.13.070 that the permit may be revoked, the city administrator or his or her designee may, if the immediate public health or safety are being threatened, upon written notice to the permittee, impose special temporary conditions for the exercise of an existing permit pending the decision of the city council as to whether it shall be revoked. Such an imposition of special temporary conditions shall not exceed thirty days or the issuance of the decision of the city council relating to the revocation, whichever occurs first.

(Ord. No. 400-2011, § 2, 4-14-2011)

A. Impoundment—Notice. The city's animal control officer or other person designated by the city manager may impound any animal found on public or private property in violation of this chapter. Not later than two business days after impounding such an animal, the owner, if known, shall be notified. The notice shall describe the animal and the time and place of taking. Such notice may be given by personal service or by mail. If the owner is not known, written notice of the impoundment shall be posted within said time at a conspicuous public place at the city hall.

B. Redemption. The owner of an animal impounded pursuant to this chapter may reclaim such animal upon payment of charges for the impoundment and keeping of the animal. A schedule of such charges shall be adopted from time to time by the city council upon recommendation of the city manager. In addition, the city may require the payment of actual veterinary fees and expenses. In the event any owner of an impounded animal fails to pay the redemption fees, said owner shall be liable to the city for the same.

C. Disposition of Animals. If an impounded animal is not redeemed by its owner within seven calendar days after the personal service or mailing of notice of the impoundment, at any time thereafter the city may dispose of the animal by public or private sale, donated to any non-profit charitable entity, or be humanely destroyed, without further notice to the owner. If any impounded animal is seriously injured or suffering from serious disease, it may be humanely destroyed at any time.

(Ord. No. 438-2017, § 5, 7-13-2017)