7.04.020 Small animals
defined
.
Whenever the term “small animals”
is used in this chapter, it means hares, rabbits, chickens, turkeys, geese,
ducks, doves, pigeons, game birds, or other fowl.
(Ord. 20550.)
7.04.030 Permit -
Requirements generally
.
No person shall have in his
possession or control, on any premises in the city, any horse, cow, pig, sheep,
goat, hare, rabbit, chicken, turkey, goose, duck, dove, pigeon, game bird, or
other fowl, hereinafter referred to in this chapter as “animals or fowl,” unless
he shall have obtained and have in his possession a permit from the health
officer, which permit shall be issued only after inspection of the premises and
approval of the sanitary condition and sanitary facilities thereof, and such
enclosure asmay be reasonably necessary to secure any such animal or fowl. No
permit shall be required if no more than a maximum of six small animals is
maintained in any combination thereof. Except as to the provisions regarding
issuance, renewal and revocation of permits, all other provisions of this
chapter shall be applicable to those persons maintaining six or less small
animals.
(Prior code § 4101.24; Ord. 20550.)
7.04.040 Exemptions to
chapter applicability
.
The provisions of this chapter
shall not apply to circuses, carnivals, agricultural shows or exhibits and other
similar enterprises which operate for limited periods only, where a permit to
conduct such enterprises has been granted in accordance with the chapter of this
code relating to the operation of such enterprises, nor to any pet shop, pet
grooming parlor, or animal menagerie as said terms are defined in Chapter 7.08
of this code.
(Prior code § 4101.21; 7.04.030; Ord.
20550.)
7.04.050 Permit -
Application - Period of validity
.
All applications for permits for
the keeping of any such animals or fowl shall be filed with the health officer,
on forms to be provided by him or her. Every permit issued pursuant to such
application shall be valid for a period of two years from date of issue, unless
revoked in the manner as hereinafter provided by this chapter.
(Prior code § 4201.2; 7.04.040; Ord. 20550.)
7.04.090 Permit privilege -
Revocation conditions -Notice
.
Every such permit, so issued, or
every privilege to keep six or less small animals shall be subject to
revocation. The health officer shall revoke permits or revoke the privilege to
keep six or less small animals without a permit for violations of the provisions
of this chapter, regulations of the city, or the health laws and regulations of
this state, by notice in writing delivered personally or by mail to the holder
of such permit or person maintaining six or less small animals.
(Prior code § 4101.4; 7.04.080; Ord. 20550.)
7.04.100 Removal of animals
following permit or privilege revocation - Time limit
.
In the event of the revocation of
any such permit, or in the event that there is a revocation of the privilege to
maintain six or less small animals, the holder of such permit or that person
maintaining six or less small animals shall remove all animals or fowl from the
premises covered by the permit or from the premises maintaining six or less
small animals within fifteen days after receipt of notice of revocation. If a
written appeal to the health officer is made, the period of time for removal of
such animals or fowl shall be extended until ten days after affirmation of the
revocation by the health officer. The decision of the health officer shall be
final.
(Prior code § 4101.7; 7.04.090; Ord. 20550.)
7.04.110 Proximity to
dwelling - Live stock
.
No person shall keep any horse,
cow, pig, sheep or goat within one hundred fifty feet of any dwelling other than
the dwelling of the owner of such animal, or within thirty-five feet of the
dwelling of such owner.
(Prior code § 4104.12; Ord. 20550.)
7.04.120 Exemption - Lands
annexed to city
.
1. Lands
which are annexed to the city of San José, and upon which any barn, stable or
roofed structures are existing and were being used for the shelter of horses,
cows, pigs, sheep or goats at the time of annexation, shall be exempt from the
provisions of Section 7.04.110 of this code. This exemption from the
requirements of Section 7.04.110 shall not apply to structures which are placed
on the annexed lands after the date of annexation.
2. The
following regulations shall apply to those lands exempted under subdivision 1 of
this section:
a. Any
barn, stable or roofed structures existing at the time of annexation and used
for the shelter of horses, cows, pigs, sheep or goats shall be located no closer
than one hundred feet to any dwelling or swimming pool on the property adjacent
to the property where said animals are kept.
b. All
barns, stables or roofed structures existing at the time of annexation and used
for the shelter of horses, cows, sheep, pigs or goats shall be located no closer
than twenty-five feet from a residence on the subject property.
c. Any
corral, fenced area or restraint for horses, cows, pigs, sheep or goats shall
not be located closer than sixty feet to a dwelling or swimming pool on the
property adjacent to the property where said animals are kept.
3. Nothing
herein contained, nor any exemption granted hereunder shall permit or be deemed
to permit the maintenance of a public nuisance or permit the violation of any
other applicable law, ordinance or regulation.
(Ord. 20550.)
7.04.150 Premises to be
fenced - Exceptions
.
Any person maintaining any such
animals or fowl within the city shall keep the premises upon which they are kept
fenced so as to keep them from leaving the premises, and shall not permit such
animals or fowl to run at large upon the streets, or upon the property of other
persons; provided, however, homing pigeons may be released for flying.
(Ord. 20550.)
7.04.160 Sanitary enclosures
required
.
A. All
premises, enclosures or structures wherein said animals or fowl are kept shall
be kept in a clean and sanitary condition, free from all obnoxious smells or
substances.
B. The
presence of numerous flies or the presence of fly larvae in the vicinity of any
such premises, enclosures or structures shall be evidence of a lack of sanitary
maintenance of the premises.
C. Any
unnecessary accumulation of debris, refuse, manure or other removable material
upon any surface within any such enclosed area or premises, or within any
structure used or intended to be used for the housing of such animals or fowl,
shall be evidence of a lack of sanitary maintenance of the premises.
D. Any
obnoxious odor or allergen arising from any condition existing within the
enclosure or within any structure used or intended to be used for the housing of
such animals or fowl shall be evidence of a lack of sanitary maintenance of the
premises.
E. All
premises, enclosures or structures used or intended to be used for the keeping
or housing of any such animals or fowl shall be thoroughly cleaned and all
debris, refuse, manure or other removable material removed therefrom as often as
may be necessary to effect satisfactory compliance with the provisions of this
section. Enclosures housing small animals shall be cleaned of all debris,
refuse, offal, manure, and filth on a daily basis.
(Prior code § 4101.9; Ord. 20550.)
7.04.170 Refuse container
requirements
.
All refuse and manure and any
material conducive to the breeding of flies or which would create any obnoxious
odor, removed from such premises, enclosures or such structures, shall be placed
in suitable tight containers, which containers must be covered with a tightly
fitted flyproof cover, until entirely removed from the premises or until
actually turned under the surface of the soil, where such materials are used as
fertilizer.
(Prior code § 4101.10; Ord. 20550.)
7.04.190 Enclosures,
containers, and feed supply
.
All enclosures, refuse containers,
and all feed containers intended for the use of hares, rabbits, chickens,
turkeys, geese, ducks, doves, pigeons, game birds or other fowl shall be
constructed, maintained and kept in such a manner as to be completely proofed
against the ingress of rodents. The floors of every such enclosure shall be
smooth and tight, and maintained so as to prevent accumulation of filth or water
or harboring of vermin thereunder.
(Ord. 20550.)
7.04.210 Trapping and
snaring wild animals prohibited when
.
No person shall snare or trap, or
set any trap or snare for the purpose of trapping or snaring, any wild birds,
except such birds as are destructive to fruit, within the city.
(Prior code § 4101.22; Ord. 20550.)
7.04.220 Noisy animals
prohibited
.
No person shall keep or permit to
remain on any premises within the city any animal that habitually disturbs the
peace and quietude of any neighborhood or person, by howling, barking, crying,
baying or making any other noise.
(Prior code § 4101.25; Ord. 20550.)
7.04.240 Inspection of
premises authorized when
.
The health officer and each other
employee of the department of neighborhood preservation referred to in section
7.04.230 are authorized to enter upon any premises, to the extent permitted and
in the manner provided by law, other than a dwelling, for the purpose of
inspecting the same to ascertain if any of the provisions of this chapter are
being violated. Neither the health officer nor any such other employee of the
health department shall exercise the right of inspection granted by this section
unless hehas reasonable cause believe that such inspection is reasonably
necessary to carry out or enforce the provisions of this chapter.
(Prior code § 4101.27; Ord.
20550.)