[Ord. No. 1000, § 1; Ord. No. 1109A, § 1.]
(a)
No person shall keep or maintain on any parcel any domestic animal
as hereinafter specified except as follows:
(1)
One horse, or one cow, or one sheep, or one goat on a parcel containing
no less than one-half acre and one such animal for each additional
one-half acre;
(2)
Domesticated fowl (hens only) limited to a total of six birds;
(3)
Four rabbits or hares; and
(4)
Six chinchillas, hamsters, or white mice or similar animals (combined
total); and
(5)
Pigeons (of the order of Columbidae), when permanently confined in an aviary limited to a total of six birds. More than six pigeons when a permit has been obtained pursuant to § 4-25 of this Code.
(6)
Small bird aviary totally no more than 12 birds.
(b)
The keeping of domesticated animals shall be subject to the following:
(1)
Stables or barns shall not be located within one hundred feet of
a residential dwelling located on an adjacent property;
(2)
Pens or other quarters for animals or fowl shall be kept or maintained
only at a distance of fifteen feet from the rear property line and
fifteen feet from the side property line.
[Ord. No. 1109A, § 1; Ord. No. 1169.1]
It is unlawful for any person to keep, harbor or maintain in
or about any dwelling more than three dogs or three cats which are
over the age of four months unless the owner has obtained a kennel
license under the provisions of this Code.
(a)
Any animals or fowl within the City shall be kept in a clean, sanitary
and healthful condition and confined to the owner's property,
unless temporarily kept at a kennel, pet shop, animal clinic, veterinary
hospital, animal grooming parlor or training school for animals or
fowl. Manure, animal waste or fecal matter, feathers, fur, hair or
other animal or fowl debris shall not be allowed to accumulate on
any public or private property. Any such accumulation is hereby declared
to be a public nuisance.
(b)
Animal waste. The owner of every animal shall be responsible for
the removal of any excreta deposited by his or her animal(s) on public
walks, recreation areas or private property.
[Ord. No. 1000, § 1.]
It is hereby declared to be a nuisance and it shall be unlawful
to allow or permit any fowls, birds, animals and reptiles to run at
large upon or over any public street, alley, avenue or place, or to
allow or permit the same to run at large or trespass upon or over
any private property.
(a)
No owner shall fail to provide his or her animal(s) with sufficient
good and wholesome food and water, proper shelter and protection from
the weather, veterinary care when needed to prevent suffering, and
with humane care and treatment.
(b)
No owner of an animal shall abandon such animal.
(c)
No person shall beat, cruelly ill-treat, torment, overwork or otherwise
abuse an animal, or cause, instigate, or permit any dogfight, cockfight,
bullfight, or other combat between animals or between animals and
human beings.
(d)
No person shall crop a dog's ears; except when a licensed veterinarian
issues a signed certificate that the operation is necessary for the
dog's health and comfort, and in no event shall any person, except
a licensed veterinarian, perform such an operation.
(e)
Any person who, as the operator of a motor vehicle, strikes a domestic
animal, shall stop at once and render such assistance as may be possible
and shall immediately report such injury or death to the animal's
owner; in the event the owner cannot be ascertained and located, such
operator shall at once report the accident to the appropriate law
enforcement agency or local humane society.
(f)
No person shall expose any known poisonous substance, whether mixed
food or not, so that the same shall be liable to be eaten by any animal,
provided that it shall not be unlawful for a person to expose on his
own property common rat poison mixed with vegetable substances.
[Ord. No. 1000, § 1.]
[Added 7-1-2019 by Ord. No. 1266]
(a)
A feral cat is a cat that lives permanently outside of a domestic
home and is not owned and cared for as a typical companion animal
or pet, as a result of having been born feral, abandoned by an owner,
or rendered homeless, wild or stray by any other means, whose unusual
and consistent temperament is extreme fear and resistance to contact
with people. It shall be unlawful for any person within the City of
Oakdale to intentionally provide food, water, or other forms of sustenance
to a feral cat unless the person furnishes Animal Services with a
signed statement agreeing to all of the following conditions:
(1)
Register with Animal Services and Control as a caretaker of
feral cats;
(2)
Provide Animal Services written authorization from the owner
of the property where the caretaking of feral cat(s) will occur;
(3)
Feed feral cat(s) daily in a manner that does not leave excess
food in the area:
(4)
Regularly trap and spay/neuter cats over the age of eight weeks:
(5)
Evaluate all trapped cats for symptoms of illness to include
feline leukemia and feline immune deficiency virus, and test if illness
is suspected, and have those who test positive humanely euthanized
or isolated indoors, abiding by veterinarian recommendation;
(6)
Identify all trapped cats by tipping their ears;
(7)
Arrange to have all trapped cats vaccinated for rabies in addition
to any other vaccination or immunization requirement imposed by the
state.
(b)
It shall be unlawful for any person to knowingly and intentionally
abandon or otherwise release a cat upon any public or private property
or public right-of-way outside of the provisions of this section.
(c)
Any violation of this section may be punishable as a misdemeanor
and subject to a fine of not more than $500 or imprisonment in the
County Jail for not more than six months, or both such fine and imprisonment.
In addition, any violations may be subject to the administrative citation
process as set forth in this Code.
(a)
Staking or grazing. No person having or having charge, care, custody
or control of any livestock shall cause or permit either willfully
or through failure to exercise due care or control, any such animal
to be placed, staked, or to graze or be upon the land of another without
the written consent of the owner or other authorized person, or upon
public lands or highways or to allow any such animal to run at large.
(b)
Livestock hauling fee.
(1)
When it is necessary for the impoundment of large quadruped domestic
animals such as horses, donkeys, mules, burros, cattle, sheep, goats
or swine to haul such animals with livestock hauling equipment, the
owner of the animals shall be charged a livestock hauling fee.
(2)
A schedule of fees for hauling livestock shall be established by
resolution by the City Council. Such schedule of fees shall reflect
the approximate cost of impounding and hauling the livestock.
(c)
Impoundment fees. The chief of police or animal control officer shall
charge and collect fees for every impounded animal when claimed and
before release. The amount of said fees shall be set time to time
by resolution of the City Council.
(d)
Absence of liability. No liability shall be incurred for the disposition
of any animal made pursuant to the provisions of this chapter.
(e)
Relief from fees during natural calamities. Upon recommendation of
the chief of police and with the approval of the City Council, the
fees provided for by this chapter may be waived when animals have
been impounded because of civic disorganization, disruption or other
conditions of devastation within the City due to fire, flood, earthquake,
storm or other natural calamity.
(f)
After one hundred and twenty hours, animals impounded under this
section shall become the property of the City. Animals which become
City property shall be disposed of in a humane economical manner.
[Ord. No. 1000, § 1.]
[Ord. No. 1000, § 1.]
(a)
Residential kennel. It shall be unlawful in any residential zone
for any person to own or have custody of four or more unlicensed or
licensed dogs over the age of four months, or four or more cats over
the age of four months, for any purpose.
(b)
Kennel permit required for commercial business.
(1)
It shall be unlawful for any person, firm, or corporation, having
custody or control of four or more unlicensed or licensed dogs or
cats over the age of four months, to engage in, conduct, manage, or
carry on any of the following businesses within the incorporated area
of the City of Oakdale without first having obtained a kennel permit
from the director of finance and without the approval of the building
department and the animal control department.
a.
Grooming parlor
b.
Kennel
c.
Pet shop
No kennel permit shall be required of any kennel, pet shop or
grooming parlor doing business within the City as of the effective
date of this ordinance, unless there is a change of ownership, location
or should the business be conducted in a manner that could cause revocation
of a permit as set forth in Subsection (b)(3) of this section.
(2)
Inspection. Every application or license shall permit the director
of finance, chief of police or animal control officer access to any
premises or vehicles used in the conducting of the licensed business
at all reasonable times, and to any records required to be maintained
by this article, and the director of finance, chief of police or his
designated animal control officer shall make such inspections thereof
as he deems necessary from time to time.
(3)
Revocation. When the director of finance has issued any license under
the terms of this article, the same may be revoked at any time thereafter
by the director of finance or chief of police if he becomes satisfied
that the conduct of the licensed business does not or will not comport
with the public welfare for any reason, or that the same has been
conducted in an illegal, improper, or disorderly manner, or in a manner
substantially different from that described in the application, or
for any reason for which the license application could have been denied.
(4)
Appeals. Any person who has had a permit denied or revoked may within
ten days appeal the decision of the chief of police. The chief of
police or his designated officer shall render a decision within fifteen
days. Either party involved may appeal the decision to the City Council.
Said appeal shall be in writing and must be received by the City clerk
within ten days of the action which is being appealed.
[Ord. No. 1000, § 1.]
It shall be unlawful for any person to keep, harbor or sell
any wild animal within the City of Oakdale.
Notwithstanding anything else in this Code to the contrary,
it shall be lawful to possess or own "racing pigeons," "fancy pigeons,"
and "sporting pigeons," as defined in this Code, in the City of Oakdale
subject to the following requirements and permit.
(a)
Definitions:
(1)
PIGEON — Shall mean a member of the family Columbidae, and
shall include "racing pigeons," "fancy pigeons," and "sporting pigeons"
as defined in this Code.
(2)
RACING PIGEONS — Shall mean a pigeon which, through selective
past breeding, has developed the distinctive physical and mental characteristics
as to enable it to return to its home after having been released a
considerable distance therefrom, and which is accepted as such by
the American Racing Pigeon Union, Inc. or the International Federation
of Racing Pigeons Fanciers. Also commonly known as racing homer, or
carrier pigeons.
(3)
FANCY PIGEONS — Shall mean a pigeon, which, through past breeding,
has developed certain distinctive physical and performing characteristics
as to be clearly identified and accepted as such by the National Pigeon
Association, the American Pigeon Club, or the Rare Breeds Pigeon Club.
Examples: fantails, pouters, trumpeters.
(4)
SPORTING PIGEONS — Shall mean a pigeon which, through selective
past breeding, has developed the ability to fly in a distinctive manner
such as aerial acrobatics or endurance flying. Examples: rollers and
tipplers.
(5)
LOFT — Shall mean the structure(s) for the keeping or housing
of the pigeons permitted by this chapter.
(6)
LEG BAND — Shall mean a permanent marker affixed to a pigeon's
leg that is imprinted with the year of the pigeon's birth, club
affiliation, and individual identification number.
(7)
MATURE PIGEON — Shall mean a pigeon aged six months or older.
(8)
OWNER — Shall mean the owner of pigeons subject to this chapter.
(b)
Conditions: The keeping, breeding, maintenance and flying of pigeons
shall be permitted in any zoning district in the City subject to the
following conditions:
(1)
No person shall keep or maintain more than fifty (exercising) mature
nor more than one hundred fifty total pigeons on any single lot.
(2)
All pigeons shall be fitted with a leg band approved by the National
Pigeon Association, the American Pigeon Club, the Rare Breeds Pigeon
Club, or similar nationally recognized pigeon organization.
(3)
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.
(4)
There shall be at least one square foot of floor space in any loft
for each mature pigeon kept therein.
(5)
The construction and location of any loft shall not constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood and community. Furthermore, the loft shall be compatible in scale and design with adjacent structures, including those on adjoining properties. Any loft shall be constructed on the back one-half of the property and shall comply with the provisions of § 36-18.27 (Accessory Buildings, Structures and Uses) of this Code, provided however that no loft shall be located closer than fifteen feet from any building used for human habitation.
(6)
All feed for the pigeons shall be stored in such containers to protect
against intrusion by rodents and other vermin.
(7)
The loft shall be maintained in a sanitary condition and in compliance
with all applicable health regulations. The owner shall take any and
all steps necessary to prevent fly breeding, fleas and rodents.
(8)
Waste material shall not be a source of odor and shall be disposed
of in an approved manner.
(9)
No dead animals shall be buried on the premises.
(10)
All pigeons shall be confined to the loft, except for limited
periods necessary for exercise, training and competition; and at no
time shall pigeons be allowed to perch or linger on buildings or fences,
or other common or private property, including that of others.
(11)
All pigeons shall be fed within the confines of the loft.
(12)
No one shall release pigeons to fly for exercise, training or
competition except in compliance with the following provisions:
a.
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, California State
Racing Pigeon Organization, or a local club which has rules that will
help preserve the peace and tranquility of the neighborhood.
b.
Pigeons will not be released for flying which have been fed
within the previous four hours.
c.
Pigeons shall be banded and registered with one of the national
pigeon associations/registries.
(13)
All lofts shall be periodically inspected for compliance with
the provisions of this section and for compliance with the terms of
any permit.
(c)
Permit required: The keeping of pigeons may be authorized at the
discretion of the chief of police, or designee(s). Any such permit
shall be issued to the owner and shall remain in full force and effective
unless suspended or revoked, or unless the use of the loft is discontinued
for a period of one year.
(d)
Permit application process: Application for a permit to keep pigeons
shall be made by submitting a complete application form to the community
development department for processing in accordance with the provisions
herein. A fee shall be paid by the applicant to cover the costs of
processing and administering the permit application by the City. Such
fee shall be set by council resolution, and may be amended from time
to time.
(e)
Notice: Owners of residences adjoining the property for which the
permit is requested shall be given notice of intent to permit pigeons
pursuant to this section.
(f)
Permit revocation: The chief of police, or designee(s) shall revoke
any permit to keep pigeons if it has been determined that said pigeons
have become a public nuisance. The keeping of pigeons on a particular
property shall be deemed a public nuisance if two complaints of noise,
odor, or failure to comply with the provisions of this Code are filed
from separate households.
[Ord. No. 1109A, § 2]
[Ord. No. 1169.]
(a)
The term "breeder certificate" shall mean a written authorization
issued annually by the City of Oakdale giving its lawful holder permission
to breed one litter per year per designated animal.
(b)
Any holder of a breeder certificate who advertises to the public
the availability of any dog or cat for sale, adoption, or transfer,
whether for compensation or otherwise, must prominently display the
breeder certificate number in any such advertisement. Further, the
breeder certificate holder must provide the certificate number to
any person who purchases, adopts or receives any animal from the certificate
holder and include the certificate number on any receipt of sale or
transfer document.
(c)
No offspring may be sold, adopted, bartered, or otherwise transferred,
whether for compensation or otherwise, until it has reached the age
of at least seven weeks and has received its first immunization against
common diseases.
(d)
The following animals are exempt from breeder certificate requirements:
(1)
Dogs documented as having been appropriately trained and actively
used by law enforcement agencies for law enforcement and rescue activities.;
(2)
Dogs documented as guide, signal, or service dogs pursuant to California
Penal Code Sections 365.5(d), (e) and (f) and successor sections;
(3)
Dogs and cats under the care of governmental animal control agencies,
animal rescue organizations which have demonstrated to the City of
Oakdale that they have implemented an ongoing spay/neuter plan, as
well as an adoption plan; or humane societies or societies for the
prevention of cruelty to animals, if such societies are incorporated
under the provisions of California Corporations Code Section 10400
and the Nonprofit Public Benefit Corporation Law in Part 2 of the
California Corporations Code, beginning at Section 5110, and successor
sections;
(4)
Dogs documented as enrolled in a guide, signal or service dog breeding
program administered by a person licensed under Chapter 9.5 (commencing
with Section 7200), Division 3 of the California Business and Professions
Code; and
(5)
When a veterinarian has determined that spay/neuter is inappropriate
for the animal's age or health.
(e)
When contacted by Oakdale Police Department Animal Control Officers
or Police Officer, the owner of a pregnant or whelping dog or cat
must either show proof of an impending spay/neuter appointment or
agree to participate in a low-cost spay/neuter program, or purchase
a breeder certificate.
