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Ordinance - 1917ORDINANCE NO. 1917 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING AN AMENDMENT TO CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE, CHAPTER 6, AND CHAPTER 26, REGULATING THE MINIATURE POT-BELLIED PIG 401 (AMENDMENT NO. 253). WHEREAS, since the introduction of the miniature pot-bellied pig to the United States in 1985, they have gained popularity as domestic urban pets; and WHEREAS, the West Covina Municipal Code currently prohibits the keeping of pigs within city limits; and WHEREAS, it has become necessary for the City of West Covina to consider the appropriateness of permitting miniature pot-bellied pigs within city limits; and WHEREAS, on May 19, 1992, the City Council directed the Planning Department and the Planning Commission to study and investigate a West Covina Municipal Code Amendment relating to the keeping of miniature pot-bellied pigs on residentially (R-1) and agriculturally (R-A) zoned property; and WHEREAS, on September 22, 1992, the Planning Commission did conduct a study session to consider various alternatives in handling miniature pot-bellied pigs within the City and recommended that the current prohibition of pigs be maintained; and WHEREAS, on October 20, 1992, the City Council received the recommenda- tion of the Planning Commission and, upon further consideration of the issues, voted unanimously to refer this item back to the Planning Commission with instructions to draft an amendment to the Municipal Code to allow the keeping of miniature pot- bellied pigs in single-family residentially zoned properties subject to the approval of an animal use permit; and WHEREAS, Amendment No. 253 was originally scheduled and noticed for Planning Commission consideration at their February 23, 1993, public hearing, but was continued to the March 9, 1993, public hearing at the request of an interested party; and WHEREAS, the Planning Commission upon giving the required notice did on the 9th day of March, 1993, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the City Council of the City of West Covina considered evidence presented by the Planning Department, Planning Commission, and other interested parties at a duly advertised public hearing on the 6th day of April, 1993; and WHEREAS, the oral and documentary evidence considered in connection with the code amendment reveal the following facts: 1. The General Plan of the City of West Covina maintains as one of its goals the preservation of the essential residential character of West Covina - a City of beautiful homes; the maintenance of existing residential development; and providing an aesthetically pleasant environment for those who live, work, play, and visit in West Covina; and 0165-93/CC/ORDAMD25.3 1 2. Although pigs are not traditionally considered compatible with the urban environment, literature and the experience of communities suggest that these animals can be domesticated in a manner similar to dogs and cats. 3. Adopting and implementing an animal use permit would allow the City to establish a set of criteria by which to best evaluate the keeping of pigs and mitigate, to the extent possible, the potential negative impacts associated with the animal. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of West Covina does hereby resolve as follows: Section No. 1: Based on the evidence presented and findings set forth, Amendment No. 253 is hereby approved as consistent with the City's General Plan, and the implementation of thereof. Section No. 2: Based on the evidence presented and findings set forth, Chapter 6 (Animals and fowl) and Chapter 26 (Zoning) of the West Covina Municipal Code are hereby amended to read as follows: Chapter 6 Animals and Fowl. Article I. In General Sec. 6-1. Definitions No change. Sec. 6-2. Keeping of certain animals prohibited. (a) No person shall keep, possess, maintain, raise, harbor or liberate within the city any of the following: (1) Any wild and dangerous animal; (2) Any venomous or poisonous snake or reptile; (3) Any hogs, pigs, or swine, except as provided under Chapter 26, Article XII. Division 17. pertaining to miniature pot-bellied pigs. (b) This section shall not apply to the transportation of any such animal, snake or reptile through the city, provided adequate and secure safeguards are taken to prevent the escape thereof and to protect the public nor shall this section apply to any circus, show or temporary event involving the exhibition of such animals, snakes or reptiles while the same is legally located and permitted within the city. (c) Other types of animals, birds and pets shall be subject to the regulations of this chapter and the zoning chapter of this Code. (Code 1960, § 4300) Sec. 6-3. Safe keeping of animals. (a) Every person who is the owner or has the care, custody, or control of any cow, dog, miniature pot-bellied pig, goat, horse, ox, poultry, rabbits or any other rodent, sheep, or any wild animal, shall keep the same upon premises under control of such person, restrained by a fence, cage, coop, chain, leash or other adequate means so that such animal shall not leave the premises upon which he shall be kept. If a permit • is required for care, custody, control or keeping thereof by this chapter, such permit shall first be obtained and complied with. (b) Any cow, dog, miniature pot-bellied pig, goat, horse, ox or sheep may be off the premises of its owner or custodian or premises under their control, if the animal is under the control and supervision of a competent person, and, furthermore, if it is restrained by a chain, rein, harness, or leash of sufficient strength to prevent the 0165-93/CC/ORDAMD25.3 2 escape of the animal. Such chain, rein, harness, or leash shall not exceed six (6) feet in length. (c) Notwithstanding any other provisions of this Code, no person owning or having charge, care, custody or control of any dog which has been trained to attack persons, or animals, shall cause, permit or allow the same to be or run at large, whether on a leash or not, upon any private property or premises, including those of the person owning or having charge, care or custody of such dogs except within such portion of such property or premises which are enclosed by a structure, fence or wall not less than six (6) feet in height. All gates or door openings through such enclosures shall be equipped with a self -closing and self -latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use. Such latching device must be located not less than four (4) feet ten (10) inches above the ground; however, the door of any dwelling occupied by human beings and forming any part of the enclosure hereinabove required need not be so equipped. Whenever such a dog is taken off such property or premises, the person owning, or having charge, care or custody of such dog shall have it contained within a secure cage or securely and adequately muzzled, leashed, and under the control of a competent person. Such conditions shall also apply to any biting, vicious or dangerous dog. (Code 1960, § 4301.1; Ord. No. 1479, § 1, 6-23-80; Ord. No. 1626, § 2, 2-13- 84) Sec. 6-4. Keeping of wild but not dangerous animals. No change. Sec. 6-5. Exhibiting wild animals; permit required. No change. Sec. 6-6. Impounding of stray animals. (a) Generally. Any animal running at large or which shall not be restrained as herein provided shall be impounded by the chief of police or someone designated by him and kept at a suitable pound by him for a period of seventy-two (72) hours, within which time if the ownership of the animal is proven and the owner calls for it he shall be able to remove such animal upon the payment of such sums for the cost of the impounding and, in addition thereto, for the cost of maintenance as may be provided per section 6-38 herein. If such animal is a dog or miniature pot-bellied pig the provisions of section 6-44 shall also apply. (b) Disposal. If the ownership of the animal is not proven within seventy-two (72) hours, then such animal, whether domestic or wild, shall be destroyed in a humane manner under the direction of the chief of police, or the chief of police may give or sell to any person any unredeemed animal that he would by this section be authorized to destroy. If such an animal is a dog or miniature pot-bellied pig, the provisions of section 6-45 shall also apply. (Code 1960, § § 4303, 4303.1, 4307.2; Ord. No. 1626, § 3, 2-13-84) State law reference --Lien for costs of caring for impounded animals, Penal Code, § 597f. Sec. 6-7. Enforcement by authorized personnel. . No change. Sec. 6-8. Destruction of dangerous or wild animals. No change. 0165-93/CC/ORDAMD25.3 3 Sec. 6-9. Right of entry for rabies, permit, license, tag or other required inspection; capture of hazardous, dangerous, or unsafe animals. No change. Sec. 6-10. Disposition of license fees and expenses; city fiscal operations. allo change. ARTICLE II. DOGS AND MINIATURE POT-BELLIED PIGS DIVISION 1. GENERALLY As used in this article, and unless otherwise specified, the term "animal" refers specifically to dogs and miniature pot-bellied pigs. Sec. 6-22. Disposal of dogs and miniature pot-bellied pigs afflicted with rabies. (a) Upon the receipt by the poundmaster of any animal, if the poundmaster shall have reason to believe that the same is afflicted with rabies or has been bitten by any animal afflicted or suspected of being afflicted with rabies, or has been exposed to the infection of rabies, the poundmaster shall separately confine and keep so confined such animal and shall immediately notify the county health office thereof. The county health officer shall thereupon make such examination of such animal as he may deem necessary. If, upon such examination the county health officer shall determine that such animal is afflicted with rabies, he shall so notify the poundmaster and the poundmaster shall kill such animal at such time and in the manner directed by the county health officer. It shall be the duty of the poundmaster to keep every such animal suspected of having rabies so confined for such time as the county health officer may direct, and such animal shall not be redeemed or released except upon an order in writing signed by the county health officer. Nothing in this chapter shall be construed as permitting the redemption of any animal having or suspected of having or having been infected with rabies. (b) It shall be the duty of the poundmaster, his deputy, the chief of police and each of his deputies and of every police officer and special officer of the city to impound or destroy any animal found in or upon any public street, alley or other public place, or in or upon any lot or premises, known to have rabies or known to have been bitten by any animal having rabies. (Code 1960, § § 4309, 4309.1) Sec. 6-23. Responsibility of animal owner. (a) No person owning or harboring a dog shall neglect or refuse to have the same vaccinated and licensed as herein provided. (Code 1960, § 4312) (b) No person owning or harboring a miniature pot-bellied pig shall neglect or refuse to have the same licensed as herein provided. Sec.6-24. Muzzling. The city council may by proclamation require the owners of all dogs or miniature pot-bellied pigs to securely muzzle them with muzzles or wire of such design as may be approved by the city council, for such length of time as the city council may designate, whenever in the opinion of the city council there exists a reason -able necessity for such muzzling as a protection to the public safety. Animals unmuzzled and running at large during such period shall be destroyed. In addition to such muzzling of dogs or miniature pot-bellied pigs, the city council may also, under such proclamation, order the retention of all animals on the owner's premises or at 0165-93/CC/ORDAMD25.3 4 designated public places such as veterinary establishments, and such proclamation may include muzzling such animals while so restrained. (Code 1960, § 4314) Sec. 6-25. Safekeeping of vicious or dangerous dogs and miniature pot-bellied pigs. When any biting, vicious or dangerous animal is at large within the city and outside the enclosure of its owner or keeper in violation of the conditions specified in section ob6-3(c), it shall be deemed to be a public nuisance and may be killed immediately by any peace officer, whether such animal is licensed, registered or numbered or not. Such animals may also be impounded as prescribed in section 6-9(b). (Code 1960, §4315; Ord. No. 1626, §10, 2-13-84) • Sec. 6-26. Safekeeping of biting dogs and miniature pot-bellied pigs. Whenever it is suspected that any animal has bitten any person, the owner or person having the custody or possession thereof shall, upon order of the county health officer quarantine it and keep it isolated in a secure enclosure and on a chain until released by order of such health officer, and allow such health officer or his representative to make an inspection or examination thereof at any time during such period. (Code 1960, § 4316) Sec. 6-27. Animal nuisances. No change. Sec. 6-28. Abatement of animal nuisances. No change. Sec.6-29. Citation. Nothing in section 6-27 shall prevent the police department from taking a complaint and citing the owner of the or animal for a violation of this section independently or in cooperation with the animal control department. (Ord. No.1834, § 2, 1-22-90) Sec. 6-30. Permitted number of household pets. No change. Sec. 6-31. Animals permitted in parks. No person having custody of a cat, dog or miniature pot-bellied pig or other domestic animal shall allow such animal in any public park or public place without the ability to produce evidence that the animal is currently licensed as required by any other provision of law and unless such animal is restrained by a substantial leash not to exceed six (6) feet in length and is in the charge of a person competent to restrain such animal. Further, the director may designate areas where animals are required to be restrained and enclosed in a car, cage or similar enclosure, except for guide, signal, service, or therapy dogs. The director may issue permits for group activities wherein dogs, miniature pot-bellied pigs, or cats will be under the responsible care of a person while not restrained by a leash or enclosed in a car, cage or similar enclosure while participating in the permitted event. Dogs used by the police are exempted from these provisions. (Ord. No. 1834, § 5, 1-22-90) 0165-93/CC/ORDAMD25.3 5 Sec. 6-32-6.35. Reserved. DIVISION 2. LICENSES* #01 Sec. 6-36. Required; exemptions. (a) Every person keeping, harboring or having within the city any dog or miniature pot-bellied pig over the age of four (4) months shall, within thirty (30) days after such animal attains the age of four (4) months or after first bringing such animal into the city, obtain and continuously maintain for such animal a current and valid city animal license and identification tag issued by the city clerk and shall comply with the vaccination provisions of this article. As used herein, "identification tag" shall mean a physical metallic marker, issued by the city, bearing the number of the city animal license and which is attached to the animal with a collar or harness. (b) The provisions of subsection (a) of this section shall apply to assistance dogs (guide, signal, service, or therapy). The license fee shall be waived upon presentation of proof of service. (c) Notwithstanding the provisions of this division, the provisions relating to licensing shall not apply to dogs under six (6) months of age provided they are kept within enclosures at all times. (Code 1974, § § 4307, 4307.4, 4307.8; Ord. No. 1585, § 1, 4-11-83; Ord. No. 1834, § 3, 1-22-90) (d) Prior to submitting an application to the city clerk for a city animal license for a miniature pot-bellied pig, the applicant shall first obtain the required miniature pot- bellied pig permit through the Planning Department pursuant to Article XII. Division 17. of the West Covina Municipal Code. Sec. 6-37. Annual renewal. Each dog or miniature pot-bellied pig license issued by the city shall be annual from May first to April thirtieth of the next succeeding year, but shall be considered current and valid for an additional period of thirty (30) days if a renewal license for the next year is obtained within such a period (Code 1960, § 4307.1; Ord. No. 1804, § 1, 2- 13-89) Sec. 6-38. Fees. The fees required to be paid for the licensing of dogs or miniature pot-bellied pigs and for the boarding or impoundment of animals and other pound services shall be those fees fixed and established from time to time by the city council by resolution. (Code 1960, § 4307.2; Ord. No. 1344, § 1, 6-27-77) Sec. 6-39. Performance of licensing duties. No change. Sec. 6-40. To be attached to dog or miniature pot-bellied pig. The owner of any dog or miniature pot-bellied pig licensed as provided in this division shall securely fasten about the neck or chest of the dog or miniature pot-bellied pig a collar or harness with the tag attached thereto bearing the number of such license. (Code 1960, § 4307.5; Ord. No. 1585, § 1, 4-11-83) * No change to footnote. 0165-93/CC/ORDAMD25.3 6 Sec. 6-41. Receipts and tags. The city clerk shall give to each person paying the license fee required by this division a receipt stating the amount and date of payment and the date of expiration of such license, and containing a brief description of the animal; and he shall furnish the owner a numbered tag of a durable material. (Code 1960, § 1, 4-11-83) goSec. 6-42. Register of licenses. The city clerk shall keep a register of all licenses issued, showing the name of the licensee, date of issuance, date of expiration, description of the animal, and the number of the tag. (Code 1960, § 4307.7; Ord. No. 1585, § 1, 4-11-83) Sec. 6-43. Impoundment of unlicensed dogs or miniature pot-bellied pigs (a) Generally. The contracting pound service of the city shall capture and impound any dog or miniature pot-bellied pig found within the city limits which is not wearing a license issued by the city, or by any other municipality in the county or by the county; provided, that if the animal has been seized pursuant to an inspection on private property as is provided in section 6-9, and the owner or the person who has the right to control the animal is not home, then the police officer or the officer or employee of the contracting pound service shall post a notice of such impounding on the front door of the living unit of the owner or person who has a right to control the animal. Such notice shall state the following: That the animal has been impounded; where the animal is being held; the name, address and telephone number of the agency or person to be contacted regarding release of the animal; and an indication of the ultimate disposition of the animal if no action to regain it is taken within a specified period of time by its owner or by the person who has the right to control the animal. (b) Search. Any officer or employee of the contracting pound service and any police officer of the city shall have the right and duty to enter upon any private property or public property in the city in order to inspect or capture any animal thereon or therein as provided in section 6-9. (c) Release Requirements. No dog or miniature pot-bellied pig so impounded shall be released to any person except where there has been a performance of the following conditions: (1) Presentation of a current license. There has been presented to the poundmaster a current license for such animal issued by the city, or if the person keeping, harboring or having such animal is not a resident of the city, such nonresident person has presented to the poundmaster a current license conforming to this division for such animal issued by any other municipality in the county or by the county; (2) Payment of license fee. Where the person keeping, harboring or having such a dog or miniature pot-bellied pig is a resident of the city, there has been paid to the city clerk the license for a city animal license as provided by law; (3) Payment of impounding fees. There has been paid to the pound master the impounding, collection and other fees as provided by law; • (4) Payment of vaccination fees. There has been paid to the pound -master a reasonable fee as determined by the poundmaster for the vaccination of such dog; provided, however, that such fee shall not exceed five dollars ($5.00); or there has been shown to the satisfaction of the poundmaster that such dog has been vaccinated with rabies vaccine within the time periods according to the other requirements as prescribed in sections 6-53(a) and 6-54; and 0165-93/CC/ORDAMD25.3 7 (5) Inspection for rabies. The poundmaster has determined that such dog does not have and is not reasonably suspected of having rabies. (d) Vaccination; Release. Within seventy-two (72) hours after the receipt of the aforesaid vaccination fee, or as soon thereafter as possible, and except as provided in paragraph (e) of this section, the poundmaster shall cause the animal for whom the fee has been paid to be vaccinated by a person licensed by the state to practice veterinary medicine. After the animal has been vaccinated, and if all the conditions of paragraph (c) of this section have been satisfied, the poundmaster shall release such animal to the person keeping, harboring or having such animal or to the person making application for the release of such animal. (e) Suspicion of Rabies. If the poundmaster suspects that any dog or miniature pot- bellied pig so impounded has rabies, he shall hold such animal for inspection by health officer of the county. In the event that such health officer suspects that such dog animal may develop rabies, it shall be confined for such time as the health officer shall direct. Whenever such health officer shall determine that such animal does not have rabies, it shall be released in accordance with the provisions of paragraph (c) of this section. (Code 1960, §§ 4321.1--4321.4; Ord. No. 1431, § 8, 4-9-79; Ord. No. 1585, §1, 4-11-83) Sec. 6-44. Impoundment of dogs or miniature pot-bellied pigs at large without license tag -- Generally. Every dog or miniature pot-bellied pig found running at large without a license tag as required by section 6-36(a) shall be, by the chief of police or someone designated by him, impounded at the pound and kept there for a period of seventy-two (72) hours, within which time if the ownership of the animal is proven and the owner calls for it he shall be able to remove it on the payment of the fees referred to in section 6-43 of this chapter. If such animal is licensed and the license tag is lost, the owner shall be able to remove such animal upon the replacement of the license tag at the expense of the owner. If such animal is unlicensed, the owner shall be able to remove it upon the delivery of a certificate of vaccination to the city clerk and the payment of the license fee in accordance with the provisions of this division; and thereupon such owner so reclaiming such animal shall be entitled to a license and numbered tag as provided in this division. (Code 1960, § 4308; Ord. No. 1585, § 1, 4-11-83) Sec. 6-45. Same --Disposal of unclaimed dogs or miniature pot-bellied pigs. If the ownership of a dog or a miniature pot-bellied pig impounded pursuant to section 6-44 is not proven within the time allowed by such section, then such animal shall be destroyed in a humane manner under the direction of the poundmaster; provided, however, the poundmaster may give or sell any unredeemed dog that he would by this chapter be authorized to destroy, to any person who shall procure for such animal the necessary tag with license number thereon, and furnish the city clerk with a certificate of vaccination as required by the provisions of division 3 of this article. (Code 1960, § 1, 4-11-83) Secs.6-46--6-52. Reserved. DIVISION 3. VACCINATION is Sec. 6-53. Required; exemption. (a) Every person keeping, harboring or having a dog over the age of four (4) months in the city shall cause such animal to be vaccinated with rabies vaccine within a period of thirty (30) days from the date of harboring, keeping or having such dog within the city, or from the date the dog attains the age of four (4) months; provided, 0165-93/CC/ORDAMD25.3 8 however, that, the aforesaid provision shall not apply so as to require the vaccination of any dog which has been vaccinated by a person licensed by the state, or by any other state or nation, to practice veterinary medicine where such vaccination has been completed within the period of time described in this section. (b) Except as otherwise provided in this chapter, no person shall bring or permit or encourage to be brought, or to enter into the city, any dog which has not been obvaccinated against rabies within twelve (12) months immediately prior to such entry. This section shall not apply to any dog kept under the immediate control of the owner or custodian thereof by leash or in an enclosed vehicle which is passing through or temporarily stopping in the city. (Code 1960, § § 4318, 4318.1) Sec. 6-54. Revaccinations. Dogs shall be revaccinated one year (12 months) after the primary immunization with a type of vaccine approved by the California Department of Health Services. Dogs receiving vaccination after primary immunization or any dog receiving its initial rabies vaccination over 12 months of age shall be revaccinated thereafter at least once every three years (36 months) with a type of rabies vaccine approved by the California Department of Health Services. Sec. 6-55. Certificate --Issuance. No change. Sec. 6-56. Same -- Required for dog licensing. No change. Sec. 6-57. Reserved. Editor's note --Section 6-57, relating to dog tags, derived from Code 1960, § 4320, was repealed by § 2 of Ord. No. 1585, adopted Apr. 11, 1983. Secs.6-58--6-68. Reserved. ARTICLE III. RABIES CONTROL Sec. 6-69. Notice to county health officer upon symptoms of rabies. No change. Sec. 6-70. Bitten animals. No change. Sec. 6-71. Impounding animals for observation. If it shall appear to the chief of police or an employee of the contract pound service that an dog or other animal has rabies, he shall forthwith impound such animal for observation until the county health officer shall determine that it can be safely • released. (Code 1974, § 4313.1) Secs. 6-72--6-79. Reserved. 0165-93/CC/ORDAMD25.3 9 ARTICLE IV. POLICE DEPARTMENT DOGS Sec. 6-80. Unlawful interference with dog. No change. ofSec. 6-81. Exemption of dog from leash law. No change. Chapter 26. Zoning. Article VIII. Residential Agricultural Zone/One-Family Zone. Division 1. Generally Sec. 26-391. Permitted uses. No building or improvement or portion thereof shall be erected, constructed, converted, established, altered or enlarged nor shall any lot or premises be used except for on or more of the following purposes: (a) through (d) No change. (e) The following poultry and animals of such type, size and number so as not to be capable of inflicting harm or discomfort or endangering the peace, health or safety of any person or property. (1) Household pets: Provided that not more than three (3) adult dogs or four (4) adult cats or one (1) miniature pot-bellied pig (subject to the approval of a miniature pot- bellied pig permit) or a combination of three (3) such animals may be kept on any lot unless an unclassified use permit has been granted authorizing the development, maintenance and operation of a hobby kennel on the lot, or as otherwise permitted pursuant to an approved miniature pot-bellied pig permit. (e) (2) through (e) (7) No change. (f) through (k) No change. Division 2. Development Standards. No change. ARTICLE XII. SPECIAL REGULATIONS FOR UNIQUE USES DIVISION 17. MINIATURE POT-BELLIED PIG PERMIT Section 26-685.1000. Purpose. • The purpose of this division is to permit the keeping of said animal in single family zones without changing the residential character of surrounding neighborhoods. 0165-93/CC/ORDAMD25.3 10 Section 26-685.1100. Definitions. Miniature pot-bellied pig shall mean a pig or hog and commonly referred to as a pygmy pig or mini pig, which stands no higher than 20 inches at the shoulder, and is no longer than 40 inches from the tip of the snout to the end of the buttocks, and 401 weighs no more than 120 pounds. Section 26-685.1200. Permit required. No person shall keep a miniature pot-bellied pig in a single family zone without first obtaining approval of a miniature pot-bellied pig permit through the planning department. Section 26-685.1300. Application and fees. An application for a miniature pot-bellied pig permit shall be filed with the planning department. The application shall be on the forms prescribed by the planning department and shall be accompanied by the fee established by city council, as said fee may be amended from time to time. Section 26-685.1400. Permit procedure. (a) Subject to the provisions of this section, the Administrative Review Board (as defined and established in Section 26-267(a)) may grant, modify, or deny an application for a miniature pot-bellied pig permit. (b) Upon receipt of the application, the planning director or designee shall investigate the site and evaluate the request. (c) The Planning Director shall set each application for hearing before the Administrative Review Board at such time and place as the Board shall designate and shall give written notice thereof at least ten (10) days before said hearing by United States mail, postage prepaid, to the applicant and to the owners of all property located within a "100" foot radius at the address of such owners as shown on the last equalized assessment roll. The Administrative Review Board shall conduct a public hearing upon the application at said time and place, or at such time as said hearing may be adjourned to, at which time the Administrative Review Board shall hear the applicant and any protests. If it finds that facts exist justifying the granting of the request, it shall grant the same in writing stating the reasons therefor subject to such conditions as it may find to be necessary to protect the public peace, health, safety, morals or general welfare and shall thereupon transmit copies thereof to the members of the Planning Commission, City Council and to the applicant. If the Administrative Review Board does not find such facts to exist, it shall deny the application in writing and transmit a copy of such denial to the applicant. (d) The Administrative Review Board may determine not to hear an application and transfer the matter to the Planning Commission at its next regular meeting. The person presiding over the Review Board at the time of transfer will publicly announce the time and place to, and at • which, said application shall come before the Planning Commission. (e) The decision of the Administrative Review Board or Planning Commission shall be final and effective fifteen (15) days after the date of transmitting copies of its written determination as above provided, unless, during such time, an appeal in writing is filed with the Planning Commission (from a decision of the Administrative Review Board) or City Council 0165-93/CC/ORDAMD25.3 11 (from a decision of the Planning Commission), in the manner prescribed in this article for appeals from decisions of the Planning Commission or unless a motion of appeal is adopted by the City Council or Planning Commission. Such appeal shall suspend and set aside the decision of the Administrative Review Board, or Planning Commission, as the case may be. The notice and hearing requirements for an appeal shall be the same as the notice required to be given by the Administrative Review ObBoard in subparagraph (b) of this section. Section 26-685.1500. Findings. Prior to the approval of a miniature pot-bellied pig permit, the following findings must be made: (a) Property is sufficient in size to accommodate the animal, outdoor run, proposed outdoor housing. (b) Property meets/exceeds development standards of the underlying zone. (c) Keeping of the animal is proposed in a manner which will not pose a threat to general public health, safety and welfare of the neighborhood. (d) The animal, at the time of the application, is of satisfactory general health and free of contagious disease as evidenced by a health certificate which has been prepared by a licensed veterinarian and provided to the city as part of the application form. Sec. 26-685.1600. Conditions of approval of a miniature pot-bellied pig permit. 1. Only one (1) miniature pot-bellied pig shall be permitted per single-family residential lot. 2. In no case shall the height of any pig exceeds twenty (20) inches, as measured at the shoulder, nor shall the weight of any pig exceed one hundred twenty (120) pounds, nor shall the length of any pig exceed forty (40) inches as measured from the tip of the snout to the end of the buttocks. 3. If kept outdoors, the pot -belly pig must be maintained at least 20 feet from any habitable dwellings (other than the permitees). 4. Breeding of the pot-bellied pig is prohibited. Each pig shall be surgically altered to prevent reproduction. Evidence of such surgery shall be submitted to the City prior to the approval of a miniature pot-bellied pig permit. 5. Each pig shall be licensed in the manner provided in Chapter 6, Article II, of the Municipal Code. 6. When use ceases for period of 6 months, the miniature pot-bellied pig permit shall become null and void. 7. The owner of the miniature pot-bellied pig is responsible for ensuring that the animal is maintained in a manner which complies with Chapter 6, Article II pertaining to the general keeping of miniature pot-bellied pigs and the licensing • requirements thereof. 8. The keeping of adult dogs and adult cats in conjunction with a miniature pot- bellied pig shall be limited such that the total number of adult household pets, including the one (1) miniature pot-bellied pig, shall not exceed three (3) for a single-family residential property. 0165-93/CC/ORDAMD25.3 12 9. The approved miniature pot-bellied pig permit is valid only for the property specified on the application form and approval resolution. 10. Such other conditions as deemed by the Administrative Review Board to be necessary and reasonably relate to the purpose of this division, such as but not limited to: ObA minimum of 100 sq. ft. outdoor cemented, or turfed, fenced with solid footings, smooth -surfaced floor run shall be provided if pig is kept as an indoor household pet. If kept outdoors, a 200 sq. ft. cemented, or turfed, fenced with solid footings, smooth -surfaced floor run shall be provided. Said fenced area must comply with all setback requirements for the underlying Area District and be maintained in an orderly and odor -free manner. Sec. 26-685.1700 Failure to utilize the miniature pot-bellied pig permit. (a) The miniature pot-bellied pig permit shall become null and void if not utilized within one (1) year from the date of approval. (b) Extension of time may be granted by the Administrative Review Board to a maximum of one (1) year from the date of expiration of the miniature pot- bellied pig permit when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Administrative Review Board in writing prior to the expiration date and shall clearly state the reasons why the permit has not been utilized. In considering a request for an extension of time, the Administrative Review Board may approve, modify, add conditions, or deny the request. The decision of the Administrative Review Board may be appealed to the Planning Commission in accordance with the procedures set forth in Section 26-212. Section 26-685.1800. Revocation. (a) The Administrative Review Board may revoke, amend or suspend a miniature pot-bellied pig permit upon finding that: (1) The use is detrimental to the public health, safety or welfare or is a nuisance; or (2) The permit was obtained by fraud; or (3) The use has not been exercised prior to the expiration date; or (4) The use has ceased or been suspended for a period of six (6) months or more; and (5) The conditions of approval have not been compiled with; or (6) The required findings for a miniature pot-bellied pig permit (as specified in section 26-685.1500) have been violated; or (7) The use is not being operated in the manner or for the purpose contemplated by the approval of the permit. (b) After notice of the alleged violations of the miniature pot-bellied pig permit has been given by the Administrative Review Board to the permittee and procedure for setting a public hearing and notices have been complied with as stated in sections 26-685.1500. review of the permit for possible revocation, amendment or suspension of the miniature pot-bellied pig permit may commence no sooner than ten (10) days, or a period of time that may be required for review of any applicable environmental statements or reports. 0165-93/CC/ORDAMD25.3 13 • (Code 1960, § 10503.08; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1550, § 3, 6-28-82) Sec. 26-685.1900. Compliance required. No person shall violate or fail to comply with any approved miniature pot-bellied pig permit or any conditions or provisions thereof. Sec. 26-685.2000 Penalties. (a) Violation of any section of this division shall constitute a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months, or both such fine and imprisonment. Section No. 3: The project is considered a categorical exemption pursuant to Section 15305 (Class 5) of the California Environmental Quality Act (CEQA) in that it consists of minor alterations in land use limitations which do not result in changes in land use as the keeping of a pot -belly in residential zones is considered an accessory use. Section No. 4: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 20.thda, ATTEST: " City Clerk 0165-93/CC/ORDAMD25.3 14 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF WEST COVINA ) I, JANET BERRY, City Clerk of the City of West Covina, do hereby certify that the 4b foregoing Ordinance No. 1917 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of Apri 1 , 1993. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the20th day of Apri 1 , 1993. • AYES: Manners, Jennings, Herfert, McFadden, Wong NOES: None ABSENT: None APPROVED AS TO FORM: 6Q QAAX-Uk- c'i • City Attorney 0165-93/CC/ORDAMD25.3 15 LL��� City Clerk