Ordinance - 2060ORDINANCE NO. 2060
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO.
. 295, AMENDING CHAPTER 6 AND CHAPTER 26 OF THE WEST
COVINA MUNICIPAL CODE RELATED TO THE KEEPING OF
WILD ANIMALS
WHEREAS, on November 2, 1999, the City Council adopted Interim Urgency
Ordinance No. 2044, adopting a moratorium on the keeping of certain wild animals within the
City for a period of 45 days pursuant to the provisions of Government Code Section 65858;
and
WHEREAS, on November 24, 1999, the City issued a report at least ten days prior to
the expiration of the interim urgency ordinance describing the measures taken to alleviate the
condition which led to the adoption of the ordinance as required pursuant to Government Code
Section 65858(d); and
WHEREAS, on December 7, 1999, the City Council adopted Interim Urgency
Ordinance No. 2045, extending Interim Urgency Ordinance No. 2044 and extending a
moratorium on the keeping of certain wild animals within the City for a period of 10 months
and 15 days pursuant to the provisions of Government Code Section 65858; and
WHEREAS, the stated purpose of Interim Urgency Ordinance Nos. 2044 and 2045
was to prevent wild animals from entering residential zones of the City pending the
development and adoption of a permanent ordinance to address this issue; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
22nd day of February, 2000, conduct a public hearing as prescribed by law; at which time the
Commission requested additional time to consider a permanent ordinance regarding the
keeping of wild animals; and
WHEREAS, the Planning Commission conducted a study session on April 25, 2000, at
which time the Commission provided direction for the preparation of a draft ordinance related
to the keeping of wild animals; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 81s
and 22nd day of August, 2000, and on the 116' day of September, 2000, conduct a public
hearing as required by law; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Division, and other interested parties at a duly advertised public hearing
on the 27 th day of September, 2000; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. The City has now become an urbanized residential area.
0 2. Current ordinances allowing the keeping of two wild but not dangerous animals at
one residence with a permit is inconsistent with urban residential property uses.
3. Experts agree, as set out in the record, that wild animals generally should not be
household pets kept in a residential area, but should be in a natural setting with
other such animals.
Ordinance No. 2060
4. There have been several incidents in West Covina within past years where the
presence of wild animals posed a health and safety problem.
5. The City may adopt regulations regarding wild animals stricter than those in the
isState Fish and Game Code.
6. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to
establish a prohibition on the keeping of wild animals within the residential zones
of the City.
7. The proposed action is exempt from the provisions of the California Environmental
Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in
that the proposed action consists of a code amendment that would establish stricter
controls on the keeping of wild animals and which therefore does not have the
potential for causing a significant effect on the environment.
NOW, THEREFORE, the City Council of the City of West Covina does hereby
ordain as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 295 is hereby found to be consistent with the West Covina General Plan and
the implementation thereof.
SECTION NO. 2: The proposed action is considered to be exempt from the
provisions of the California Environmental Quality Act (CEQA), pursuant to Section
15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code
amendment which does not have the potential for causing a significant effect on the
environment.
SECTION NO.3: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina hereby approves Code Amendment No. 295 to amend
Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO.4: The City Clerk shall certify as to the passage of this Ordinance and
shall cause the same to be published as required by law.
PASSED AND APPROVED on this 3 d day of October, 2000.
72' --
Mayor St He ert
ATTEST:
r j?
• 'City Clerk Janet Berry
ter. .
Ordinance No. 2060
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
•
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that
Ordinance No. 2060 was introduced and placed upon its first reading at a regular
meeting of the City Council on the 27th day of September 2000. That, thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the
3rd day of October 2000 by the following vote of the Council:
AYES: Howard, Melendez, Wong
NOES: Touhey, Herfert
ABSENT: None
Approved as to form:
4 �- " �"/ - 3'. � " -
C ty Attorney Arnol Alvarez-Glasman
0
City Clerk Janet Be
Ordinance No. 2060
EXHIBIT A
Amend Article I of Chapter 6 of the West Covina Municipal Code (Animals and Fowl) as
follows:
Amend Section 6-1 to read as follows:
• As used in this chapter,
Animal means and includes all mammals, fowl, birds, reptiles, bugs, insects and
fish.
Dangerous animal means any animal, except a dog kept or controlled by a police
officer for law enforcement purposes, which has demonstrated any or all of the following
behavior or characteristics:
(a) An attack, without provocation, which requires a defensive action by any
person to prevent bodily injury and/or property damage in a place where
such person is conducting himself peaceable and lawfully;
(b) An attack, without provocation, on another animal or livestock which
occurs off the property of the owner of the attacking animal;
(c) Any behavior or any attack, without provocation, that constitutes a
physical threat of bodily harm to a person in a place where such person is
conducting himself peaceably and lawfully;
(d) Training to attack persons or other animals or to fight with persons or
other animals;
(e) Of a species, breed or kind, which in its wild or untamed condition is
capable of and, if aroused, is likely to cause death or serious injury to a
human being or which would cause serious fear or alarm to the average
person if seen wandering at large in an inhabited community.
For the purposes of this section, a person is peaceably and lawfully upon property or in a
place when he is on such property or in such place in the performance of any duty imposed
upon him by the laws of this state or any city or county, or by the laws or postal
regulations of the United States, or when he is on such property or in such place upon
invitation, express or implied.
Health officer shall be construed to mean the county health officer or his
representative.
Wild and potentially dangerous animal means any animal of a species, breed or
kind which is wild by nature and not generally and commonly propagated and raised by
man in this state for use as a household pet or domestic or domesticated animal and which,
because of its size, disposition, or other characteristics could constitute a danger to human
life or property. Such wild and potentially dangerous animals shall be deemed to include,
but not be necessarily limited to, the following:
(a) Class Mammilia
. (1) Order Carnivora
(i) Family Candidae (dog), excepting Canis Familiaris (domestic
dog), and including, but not limited to, such members as the
wolf, the coyote, and the jackal.
Ordinance No. 2060
•
(2)
(3)
(4)
(ii) Family Felidae (cat), excepting Felix Catus (domestic cat), and
including, but not limited to, such members as the tiger, the
jaguar, the leopard, the lion, and the cougar.
(iii) Family Hyenidae (hyena).
(iv) Family Ursidae (bear).
Order Probscidea (elephant).
Order Primata (primates), excepting the Family Hominidae (man),
including, but not limited to the chimpanzee, the baboon, the
orangutan, the gibbon, and the gorilla.
Order Artiodactyla (even -toed hoofed mammals), excluding the
domesticated species of the Family Equidae (horses, donkeys, etc.).
(b) Class Reptillia
(1) Order Crocodilia (crocodile and alligator).
(c) Any other species of the animal kingdom (as opposed to vegetable or
mineral) which is venomous to human beings, whether its venom is
transmitted by bite, sting, touch, or other means, except the honey -
producing bee.
Wild animal means any animal of a species, breed or kind which is wild by nature
and not generally and commonly propagated and raised by man in this state for use as a
household pet or domestic or domesticated animal.
Amend Section 6-2 to read as follows:
(a) No person shall keep, possess, maintain, raise, harbor or liberate within the
city any of the following:
(1) Any wild and dangerous animal, or any wild and potentially dangerous
animal.
(2) Any hogs, pigs, 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.
Ordinance No. 2060
Add anew Section 6-3 to read as follows and reco&fy Sections 6-3 through 6-31 as
Sections 6-4 through 6-32, respectively:
Sec. 6-3. Sale of wild and potentially dangerous animals prohibited.
It shall be unlawful for any person, firm, or corporation to sell or offer for sale any wild
. and potentially dangerous animal as defined in Section 6-1 within the city limits of the City
of West Covina.
Amend Section 6-5 (formerly Section 6-4) to read as follows:
Sec 6-5. Keeping of wild but not dangerous or potentially dangerous animals.
(a) Keeping of wild animals allowed. A person may keep, possess or maintain
not to exceed two (2) wild animals, but not wild and dangerous animals or
wild and potentially dangerous animals within the city if a permit is
obtained from the chief of police.
(b) Application_ A written application for a permit to keep a wild but not
dangerous or potentially dangerous animal within the city shall be filed with
the chief of police and shall be accompanied by a permit fee of twenty-five
dollars ($25.00). The application shall set forth and include the following:
(1) A complete description and any identifying marks of the wild
animal, including its date of birth and/or age.
(2) A recent color photograph of the wild animal.
(3) A complete description of and a plot plan showing the location and
the facilities to be used to insure the keeping of the wild animal in a
safe, secure and humane manner.
(4) Any information known to the applicant concerning vicious or
dangerous propensities of such wild animal.
(5) Prior history of incidents affecting the public health or safety
involving said wild animal.
(6) Noises and/or odors anticipated in keeping of such wild animal.
(7) Written assurance that the applicant is in compliance with all
applicable local, state, and federal laws and regulations regarding
such wild animal.
(8) Any additional information required by the chief of police at the
time of filing such application or thereafter.
(c) Non -eligibility. No permit for the keeping of a wild animal may be granted
to a person who has been found guilty of cruelty to animals.
(d) Findings. The chief of police may issue the permit applied for if he finds
the following:
• (1) The wild animal will be kept in a safe, secure and humane manner
without endangering the safety of any person or property.
(2) The locations of the facilities for the keeping of the wild animal is
such that any odors emanating therefrom will not be offensive or
annoying to the occupants of neighboring property.
Ordinance No. 2060
(3) A determination has been made that the wild animal is not
dangerous or potentially dangerous.
(e) Conditions.
• (1) As a condition of the granting of the permit the chief of police may
require that the wild animal be properly caged or tethered and may
attach such other conditions to the permit as he deems necessary to
protect the safety of the persons and property within the city.
(2) The permit shall be nontransferable. It shall only apply to the
particular animal(s) described in the permit kept at the location and
in the manner stated within the permit. It shall be valid only for
keeping of said animal by the stated applicant. Changes to or
substitution of any of the aforementioned circumstances, including
the replacement of a wild animal with a like wild animal, shall
require the granting of a new permit.
(f) Revocation. The chief of police may revoke the permit for any of the
following:
(1) The violation of any provision of this chapter.
(2) The violation of any of the conditions or regulations made a part of
the permit.
(3) A determination by the chief of police that the wild animal is or may
become dangerous or has dangerous propensities.
(g) Revocation Process. Prior to revoking a permit, the chief of police director
shall first provide the permit holder with written notice of the intent to
revoke said permit at least ten (10) days prior to such action. Said notice
shall specify the reasons for the proposed revocation as set out in
subsection (i) and the date upon which said revocation is proposed to be
enacted. If, prior to the specified date for enaction of the revocation, the
applicant submits a written request for a hearing, the revocation shall not
be enacted until a hearing is held subject to the same procedures set out in
Section 26-270 of this code. Appeals of any revocation may submitted and
heard subject to the same procedures set out in Section 26-212 of this
code.
(h) Validity Period. The permit shall be valid for one year from its date. It
may be renewed only upon the filing of a new application accompanied by
the permit fee.
0
Ordinance No. 2060
Amend Article XIII of Chapter 26 of the West Covina Municipal Code (Residential
Agricultural Zone/One-Family Zone) as follows:
Amend Section 26-391(e) by adding a new paragraph (14) as follows:
• 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
one or more of the following purposes:
(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 a
conditional 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.
(2) Poultry (hens only in the R-1 zone) and pigeons, provided that not
more than twenty-four (24) birds are maintained on any lot or parcel.
(3) Domestic homing pigeons, in excess of twenty-four (24) birds and
not more than sixty (60) birds on any lot or parcel, are subject to
the approval of an administrative use permit and the standards listed
below. Domestic homing pigeons are defined as members of the
family Columbidae, and include "Racing Pigeons," "Fancy
Pigeons," and "Sporting Pigeons" as defined by the American
Racing Pigeon Union and can be identified by a numbered leg band
issued by a recognized national or state pigeon organization or
other organization recognized by the City of West Covina.
a. A detailed plan of the loft showing its location on the property
and evidence of membership and/or certification by one of the
above -mentioned organizations shall be submitted in
conjunction with the administrative use permit application.
b. The loft shall be of sufficient size and design, and constructed of
such material, that it can be maintained in a clean and sanitary
condition.
c. No loft structure shall be closer than ten (10) feet to any
separate accessory building.
d. Lofts and pigeons shall be not less than 35 feet from any
habitable building and not less than 100 feet away from any
school or hospital.
e. All feed for pigeons shall be stored in sealed containers in a
manner as to protect against intrusion by rodents and other
• vermin.
f. No more than 30 pigeons shall be released for training and
exercised at one time.
g. The hours in which exercising/training may occur are limited by
the administrative use permit.
h. Each pigeon shall not be allowed out of its loft more than one
time in a 24-hour period.
i. Pigeons shall not be allowed out of their loft except for
exercising/training or when being transported for a flight.
Ordinance No. 2060
CJ
•
j. Facilities and equipment shall be cleaned daily and maintained in
a clean and healthy condition.
k. No one shall release pigeons to fly for exercise, training or
competition except in compliance with the following:
i) The owner of the pigeons must be a member in good
standing of an organized pigeon club, such as the
American Racing Pigeon Union, Inc., the International
Federation of Racing Pigeon Fanciers, the National
Pigeon Association, the American Tippler Society, the
International Roller Association, the Rare Breeds
Pigeon Club, or a local club which has rules that will
help preserve the peace and tranquility of the
neighborhood.
ii) Pigeons shall not be released for flying which have been fed
within the previous four (4) hours.
1. All pigeons shall be banded and registered with one of the
national pigeon associations / registries.
(4) Rabbits, chinchillas, hamsters and other small animals raised for:
a. Food or scientific fur bearing purposes, in the R-A zone
only.
b. Domestic noncommercial use in the R-A and R-I zones.
provided not more than a total of twenty-four (24) of such animals
and birds described in paragraphs (2) and (3) may be maintained on
a site (in both R-A and R-1 zones).
(5) In area Districts III, IV and V, bovine animals, sheep and goats or
any combination thereof in the R-A zone, may be maintained on
sites having at least twenty thousand (20,000) square feet, provided
that the following ratio of animals to lot area is maintained and that
they are owned only by persons residing on the parcel:
No. of Animals
Lot Area
1....
20,000 s . ft.
2....
35,000 s . ft.
3....
43,560 s . ft. one acre
(6) In area districts III, IV and V, horses may be maintained on lots of
twenty thousand (20,000) square feet or greater.
a. The number of horses over nine (9) months of age permitted
to be maintained shall be as follows:
No. of Horses
Minimum Lot Area (square feet
2....
20,000
3....
27,500
4....
35,000
5....
42,500+
b. For lots that abut a "special facilities park," the number of
horses permitted to be maintained shall be increased as
follows:
No. of Horses
Minimum Lot Area(square feet
2. ..
20,000
3 ..
25,000
Ordinance No. 2060
4.... 30,000
5.... 35,000+
C. The keeping of horses under ten (10) months of age are not
subject to the limitations stated above.
. (7) An additional number of horses, bovine animals, sheep or goats in
excess of those permitted under subparagraphs (5) and (6) above
may be maintained up to a maximum of ten (10), subject to the
granting of a conditional use permit pursuant to section 26-246.
(8) Commercial boarding or breeding of horses may be permitted
subject to the granting of a conditional use permit pursuant to
section 26-246.
(9) Animals listed in subparagraphs (5) and (6) must be kept within a
corral, pen, or other suitable enclosure maintained so as to confine
such animals. In addition, horses must be provided with a corral or
stable area of the following minimum sizes:
a. Corral: Two hundred forty (240) square feet per horse;
minimum dimensions of twelve (12) feet by twenty (20)
feet;
b. Stable: Twelve (12) feet by twelve (12) feet per horse.
Corrals shall be a minimum of five (5) feet in height and shall be
constructed of material to adequately confine the horses.
(10) Barns, corrals, or stables constructed to maintain a horse or any
animal mentioned in subparagraphs (5) and (6) above shall be
located not less than thirty-five (35) feet from any residence or
other structure used for habitable purposes on the same lot, and not
less than fifty (50) feet from any residence or other structure used
for habitable purposes on adjacent lots.
(11) The location of barns, corrals, or stables shall comply with section
26-391. A barn, corral, or stable may be located within fifty (50)
feet of a front property line at the discretion of the planning director
or his designee where the design and appearance of such structures
is determined to be harmonious with and complementary to that of
surrounding properties.
(12) Refuse from animals mentioned in subparagraphs (5), (6), and (7)
above shall be stored in water -tight receptacles with close fitting
lids or stockpiled for composting. The outer layer of manure shall
be covered with polyethylene tarp and sealed by covering the edges
with soil for animal composting. Stored animal refuse shall be
disposed of not less than once per week.
(13) Barns, corrals, or stables shall be cleaned and maintained on a
weekly basis such that dust, flies, and odors shall not be detectable
from adjacent properties.
• (14) Notwithstanding the poultry and animals permitted to be kept
pursuant to paragraphs (1) through (13) above, no wild and
dangerous or wild and potentially dangerous animal or animals (as
defined in section 6-1 of this code) shall be brought into, kept,
harbored, possessed, liberated, or maintained on any portion of any
lot or within any building or structure thereon.
Ordinance No. 2060
(i) This prohibition shall not apply to any offspring of any
legally kept wild animal until such offspring reaches an age
of four (4) months.
(ii) This prohibition shall not apply to any circus or show
involving the temporary exhibition of wild animals when
• otherwise permitted under this Code.
Amend Article IX of Chapter 26 of the West Covina Municipal Code (Multiple -Family
Zones) as follows:
Amend Section 26-436(e) by adding a new paragraph (1) as follows:
Sec. 26-436. Permitted uses enumerated.
(e) Household pets: Provided that no more than three (3) adult dogs or four
(4) adult cats, or a combination of three (3) such animals, may be kept at
any dwelling unit at any time.
(1) Notwithstanding the household pets permitted to be kept as set
forth above, no wild and dangerous or wild and potentially
dangerous animal or animals, (as defined in section 6-1 of this code)
shall be brought into, kept, harbored, possessed, liberated, or
maintained on any portion of any lot or within any building or
structure thereon.
(i) This prohibition shall not apply to any offspring of any
legally kept wild animal until such offspring reaches the age
of four (4) months.
This prohibition shall not apply to any circus or show
involving the temporary exhibition of wild animals when
otherwise permitted under this Code.
Amend Section 26-597 to read in part as follows:
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Pet shops (sale of wild and potentially
x
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dangerous animals, as defined in
section 6-1,prohibited)