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Ordinance 2012-03ORDINANCE NO. 2012-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ENTITLED "SMALL ANIMALS" REGULATING CHICKENS, RABBITS AND OTHER SMALL ANIMALS IN RESIDENTIAL ZONES. WHEREAS, to protect the public health, safety and welfare, it is the desire of the City Council to modify the Gilroy City Code regarding the regulation of chickens, rabbits and other poultry and small animals; and WHEREAS, the keeping of a limited amount of chickens, rabbits and other poultry and small animals in backyard urban and residential environments provides food, fertilizer, pets, cost savings, and other benefits to their owners; and WHEREAS, the Gilroy City Code currently prohibits the keeping and maintenance of bees, swine, llamas, roosters, chickens, pigeons, turkeys, pea fowl, water fowl, ostriches and other "Ratitae" or livestock for any purposes on any premises in the City not zoned for agricultural uses; and WHEREAS, the City Council now desires to permit the keeping of chickens, rabbits and other poultry and small animals in residential zones under specified conditions; and WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 4, Article III, Section 4.20(a) of the Gilroy City Code is amended to read as follows: "(a) It is unlawful for any person to keep, maintain or permit to be maintained bees, swine, llamas, roosters, chickens, pigeons, turkeys, pea fowl, water fowl, ostriches and other WaINGER11027915.5 ORDINANCE NO. 2012 -03 011912 - 04706002 "Ratitae," or livestock on any premises within the city that have not been zoned for agricultural use, except as otherwise provided in Section 4.23 of this Code. The term "swine" as used herein does not include pot - bellied pigs harbored in strict accordance with restrictions related to noise or sanitation as provided in this chapter." SECTION II Chapter 4, Article III, of the Gilroy City Code is amended by adding new Sections 4.23 through 4.23.16 entitled "Small Animals" to read as follows: "Sec. 4.23 Small Animals. This section Sec. 4.23 shall be known as the "Small Animals Ordinance." Sec. 4.23.1 Definitions. For purposes of this ordinance, "small animal" is defined as chickens, pigeons, turkeys, pea fowl, water fowl, and other "Rattitae" with a mature height less than twenty -four (24) inches, and rabbits. Small animals, as defined in this ordinance, do not include dogs and cats, which are regulated in Article IV of this chapter. Sec. 4.23.2 Exemption. A. Notwithstanding Section 4.20(a) of this chapter, any person may keep and maintain up to six (6) small animals (in any combination) on any premises in residential zones within the city in accordance with the terms and conditions set forth in this ordinance, and it shall be unlawful for any person to maintain more than six (6) small animals (in any combination) on any premises in residential zones within the city not zoned for agricultural use. B. The restrictions set forth in this ordinance and in Section 4.20(a) of this chapter do not apply to circuses, carnivals, agricultural shows, exhibits or other similar enterprises that operate for limited periods only, provided an animal control permit and/or other permit required by the city to conduct such enterprises has been granted pursuant to the Gilroy City Code, nor do these restrictions apply to any pet shop or grooming parlor as said terms are defined in this chapter. Sec. 4.23.3 Confinement requirement; homing pigeon exception. A. The owner /guardian and person with a right to control the small animals must keep the premises where the small animals are maintained fenced to prevent such animals from straying or running at large upon any public street or other public place, or upon any private place or property or common area of any planned development, cluster, townhouse, or condominium project without the consent of the owner or person in control thereof. WDOLINGERN027915.5 ORDINANCE NO. 2012 -03 011912-04706002 B. If the small animal is a homing pigeon, the homing pigeon must be confined to the enclosure or structure and may only be released for exercise, training or competition if the homing pigeon is fitted with a leg band which contains a serial number issued by a pigeon registry and the homing pigeon does not perch or otherwise linger on the building or property of another without their consent. Sec. 4.23.4 Sanitary enclosure requirement. A. All premises, enclosures, or structures used or intended to be used for the keeping or housing of small animals must be cleaned and kept reasonably free of debris, refuse, manure, excreta, or like material as often as may be necessary to comply with the provisions of this section. B. The floor of any premises, enclosure, or structure for the use of small animals must be smooth and tight to prevent the accumulation of water, debris, refuse, manure, excreta, or like material, and the harboring of vermin and wild animals. A wire floor may be used if appropriate for the type of small animal and if maintained to prevent injury to the animal. C. Evidence of a lack of sanitary maintenance of the premises, enclosure, or structure may include (1) the accumulation of debris, refuse, manure, excreta, or other like material upon any surface within any such premises, enclosure, or structure used or intended to be used for the housing of such small animals, (2) any reasonably obnoxious odor or allergen arising from any condition existing within the premises, enclosure, or structure used or intended to be used for the housing of such small animals, and (3) the presence of numerous flies or fly larvae in the vicinity. Sec. 4.23.5 Enclosure, structure and shading requirements. A. Any small animal must have adequate enclosures, structures, or shading to allow an animal maintained outdoors to (1) protect itself from the direct rays of the sun when the sunlight is likely to cause overheating or discomfort, and (2) remain dry during the rain; B. The enclosure, structure, or shading must be accessible to the animal at all times; C. The enclosure or structure must be situated to prevent exposing the animal to (1) unreasonably loud noise or (2) teasing, abuse, or injury by another animal or person; D. If the small animal is confined in an enclosure or structure, the enclosure or structure must be: 1. Of adequate size inside and outside the enclosure or structure to allow the animal to stand up, sit, turn around freely, or lie down in a normal position, relieve itself away from its confinement, and safely interact with any other animal; 2. Adequately lighted to provide regular diurnal lighting cycles of natural or 1MDOLINGER11027915.5 ORDINANCE NO. 2012-03 011912-04706002 artificial light uniformly diffused throughout the shelter, and sufficient illumination for routine inspections and maintenance of the animal; and 3. Supplied with clean and dry bedding material or other means of protection from the weather elements to maintain the shelter at a temperature that is not harmful to the health of the animal. Sec. 4.23.6 Water requirement. A. Any small animal or livestock must have access to clean potable water at all times unless restricted for veterinary care. If the water is kept in a container, the container must be designed to prevent tipping and spilling of the water or be secured to a solid structure or the ground. B. Water containers must be clean and must be emptied and refilled with fresh water as necessary to maintain cleanliness or alternatively if the water is provided by an automatic or demand device, the water supply connected to the device must function twenty four (24) hours a day. Sec. 4.23.7 Food and feeding requirements. A. Any small animal must be provided food that is wholesome and be of sufficient quantity and nutritive value to maintain a healthy body weight and meet the normal daily requirements for the condition and size of the animal. B. The food receptacles must be accessible to the animal and be placed in a location to minimize contamination from excreta and insects. Feeding pans must be durable and kept clean. Disposable food receptacles may be used and must be discarded after each feeding. Self- feeders may be used for dry food and must be sanitized regularly to prevent molding, deterioration, or the dense compaction of food. C. Spoiled or contaminated food must be disposed of in a sanitary manner. Sec. 4.23.8 Veterinary treatment requirement. Any small animal must receive veterinary treatment from a veterinarian licensed by the State of California when such treatment is necessary to alleviate the animal's suffering or prevent the transmission of disease. Sec. 4.23.9 Exercise requirement. Any small animal must be provided the opportunity to exercise in order to maintain normal muscle tone and mass for the age, size, and condition of the animal. 1MDOLINGER11027915.5 ORDINANCE NO. 2012 -03 011912 - 04706002 Sec. 4.23.10 Transportation requirement. Any small animal must be handled, moved, or shipped in a manner to insure the health and safety of the animal. Sec. 4.23.11 Refuse container requirement. Any debris, refuse, manure, excreta, or other like material conducive to the breeding of flies or that creates a reasonably obnoxious odor must be placed in a fly proofed container until the material is removed from the premises or buried under the soil surface as fertilizer. Sec. 4.23.12 Food storage containers requirement. All grain or cereal intended for use as food for small animals must be kept in metal containers with tightly fitted metal covers or other containers constructed to keep out vermin and wild animals. Sec. 4.23.13 Exemption - lands annexed to city. A. Lands which are annexed to the city and upon which any barn, stable or roofed structures are existing and were being used for the shelter of small animals at the time of annexation are exempt from the provisions of this ordinance. This exemption from the requirements of this ordinance does not apply to structures which are placed on the annexed lands after the date of annexation. B. The following regulations apply to those lands exempted under Subsection A. of this section: 1. Any barn, stable, or roofed structures existing at the time of annexation and used for the shelter of small animals must be located no closer than twenty-five (25) feet to any dwelling unit or swimming pool on the property adjacent to the property where said animals are kept. 2. All barns, stables, or roofed structures existing at the time of annexation and used for the shelter of small animals must be located no closer than twenty-five (25) feet from a residence on the subject property. C. Nothing herein contained, nor any exemption granted hereunder permits the maintenance of a public nuisance or permits the violation of any other applicable law, ordinance, or regulation. Sec. 4.23.14 Side setback area. It is unlawful for any person to keep small animals subject to this Section 4.23 within any 1MDOLINGER11027915.5 ORDINANCE NO. 2012-03 011912 - 04706002 side setback area as defined by City of Gilroy Zoning Ordinance. Sec. 4.23.15 Proximity to dwelling unit - small animals. It is unlawful to maintain small animals either of the same type or combination thereof within twenty (20) feet of the nearest dwelling unit on the adjacent property, as measured from the enclosure or structure housing such small animals to the nearest part of the nearing dwelling unit on the adjacent property. Sec. 4.23.16 Roosters prohibited. It is unlawful for any person to maintain a rooster over four (4) months of age." SECTION III If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION IV Pursuant to section 608 of the Charter of the City of Gilroy, Ordinance shall be in full force and effect thirty (30) days from and after the date of its adopted. PASSED AND ADOPTED this 5`i' day of March, 2012 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, LEROE- MUNOZ, TUCKER and PINHEIRO NOES: COUNCILMEMBERS: BRACCO, DILLON ABSENT: COUNCILMEMBERS: WOODWARD APPROVED: rt inheiro, Mayor ATT� r j S awna Freels, i Clerk WDOLINGEM1027915.5 ORDINANCE NO. 2012 -03 011912 - 04706002 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2012 -03 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5t' day of March, 2012, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 7`h day of March, 2012. (Seal)