The City Council does hereby find and determine that the growth and development of the City for residential purposes has reached such a stage that the keeping of animals within the City, unless properly regulated as to location and sanitary conditions and as to certain animals unless definitely limited in number or entirely prohibited, is detrimental to the public health, safety and general welfare and that the public interest requires that the City Council prescribe the following rules and regulations with respect thereto.
(Ord. 317; Ord. 987, February 16, 1982)
Wherever the term "City" is used in this chapter it shall be construed to mean the City of Mill Valley.
(Ord. 317 § 23; Ord. 987, February 16, 1982)
Wherever the term "animals" is used herein it shall be construed to include horses, foals, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, rabbits, and all other domestic or domesticated animals other than household pets.
(Ord. 987, February 16, 1982)
Wherever the term "poultry" is used it shall be construed to include pigeons, chickens, ducks, geese, turkeys and all other domestic or domesticated fowls other than household pets.
(Ord. 317; Ord. 987, February 16, 1982)
Wherever the term "household pets" is referred to herein it shall be construed to include cats, dogs, canaries, parrots and other kindred animals and birds usually and ordinarily kept as household pets.
(Ord. 317 § 2(c), June 2, 1943)
Wherever the term "dwelling" is referred to herein, it shall mean any habitable structure on the subject property or adjacent property. All dwellings must comply with the zoning district regulations in which they are located.
It is hereby declared to be a nuisance and it shall be unlawful for any person to keep or permit to be kept upon any premises, any animals or poultry or household pets in an offensive, or unsanitary condition as determined by the County Health Officer.
Refuse accumulated in the keeping of such animals shall be placed in a tight, covered box or receptacle. Refuse containers shall be cleaned and disinfected regularly.
It is declared to be a nuisance and it shall be unlawful to allow or permit animals, poultry, and household pets, to run at large upon any public street or place or to trespass upon the property of another.
(Ord. 876, February 16, 1982)
The Poundkeeper and Animal Control Officers designated in Chapter 6.04 of this Code are hereby authorized and empowered to take up and impound any animals or poultry found to be in violation of the provisions of this chapter and to keep such animals subject to the conditions of impoundment and release set forth in Chapter 6.04. The Poundkeeper and Animal Control Officers, for the purpose of enforcing this chapter, shall be deemed to be peace officers.
(Ord. 987, February 16, 1982)
It is hereby declared to be a nuisance and it shall be unlawful to keep, maintain or permit on any lot or parcel of land, any animals, poultry or household pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood, or interfere with any person in the reasonable and comfortable enjoyment of life or property.
(Ord. 987, February 16, 1982)
It is hereby declared to be a nuisance and it shall be unlawful to keep or permit to be kept, upon any premises in the City:
A. 
Any rabbits or poultry within 40 feet of any dwelling on adjacent property;
B. 
More than 12 mature poultry or six mature rabbits;
C. 
Any crowing roosters, quacking ducks, geese, guinea fowl or peafowl, whatsoever.
(Ord. 987, February 16, 1982)
It is hereby declared that members of the equine family (horses, donkeys, mules and ponies) shall be permitted in the residential zoning districts established pursuant to Title 20 of this Code, subject to the following property development standards:
A. 
Neighborhood Setting. This setting is defined as parcels of land less than three acres in size.
1. 
A maximum of three animals, not including foals, (young offspring of the equine family less than one-year old) shall be permitted on the property.
2. 
The minimum property area (lot size) for the keeping of one animal shall be one-half acre. An additional one-quarter acre shall be required for each additional horse kept on the property.
3. 
Restrictive Encroachment Area. Animals shall not be permitted within the following distances or areas:
a. 
Fifty feet from any dwelling on adjacent property.
b. 
Forty feet from swimming pools, paved patios, decks, game courts, or outdoor permanent cooking facilities on adjacent property.
c. 
In yard areas or setbacks as established by Title 20 of this Code.
4. 
Shade trees or artificially covered areas shall be provided. The minimum size of the covered area shall be 10 feet by 12 feet for one animal. An additional covered area of 80 square feet shall be provided for each additional animal. The covered area shall not be included in the calculations of the required corral area. In no instance shall the covered area be narrower than 10 feet at any point.
5. 
Corrals shall be provided. The minimum size shall be 12 feet by 25 feet for one animal. An additional corral area of 300 square feet shall be provided for each animal; no dimension of the additional area will be less than 12 feet.
6. 
Sanitation conditions shall conform to the following:
a. 
Manure shall be cleared from the animal area daily.
b. 
Manure shall be stored in closed containers and removed from the premises at least once a week.
c. 
Adequate measures for fly control shall be provided.
7. 
Drainage. Each parcel of land upon which animals are maintained shall be well drained. The surface of all covered areas shall be graded (grade level to be from 5% to 10%) to prevent the accumulation of storm or casual water, and to prevent the erosion of top soil into water courses or drainage ditches or conduits. For the same reasons, all corral areas shall be graded (maximum grade not to exceed 25%). Upon request of the City, each horsekeeper shall obtain, at his or her expense, a letter or report from a licensed engineer attesting to the fact that the drainage is adequate and not detrimental to contiguous properties.
B. 
Open Pasture Setting. This is defined as parcels of land greater than three acres in size.
1. 
The minimum property area for the keeping of one animal shall be three acres. An additional animal may be kept for each additional three acres.
2. 
Should 50% of the pasture exceed a slope of 25%, a drainage and erosion control plan shall be prepared, if required by the City.
3. 
Restrictive Encroachment Area. Animals shall not be permitted to encroach within the following distances:
a. 
Fifty feet from any dwelling on adjacent property.
b. 
Forty feet from swimming pools, paved patios, decks, game courts, or outdoor permanent cooking facilities on property.
4. 
A pasture shall be totally fenced. Fencing shall be of sufficient quality and height to ensure containment.
5. 
Animal Care. Appropriate shade trees or covered enclosures shall be provided. Sufficient water and feed shall be provided at all times.
C. 
Nonconforming Uses. Within 180 days following the effective date of the ordinance codified in this section, all existing uses must either be abated, conform to the requirements hereof, or have obtained a variance as provided in Section 6.12.170 of this Code.
D. 
Change of Status. An owner of property who is keeping horses in accordance with the property development standards contained herein shall not be required to make adjustments in his or her activities as the result of changes or modifications which occur to adjacent properties as long as such adjacent properties are already improved by a dwelling at the time of adoption of the ordinance codified in this section. In the event the adjacent property is unimproved (by a dwelling) at the time of adoption of said ordinance, but is subsequently improved with a dwelling, the horsekeeper shall move his or her fences and corrals (all enclosures) so as not to be maintaining an animal within 50 feet of the neighbor's new dwelling.
(Ord. 964; Ord. 987, February 16, 1982)
From and after July 1, 1943, it shall be unlawful for any person to construct, operate or maintain or to permit to be constructed, operated or maintained upon any premises within the City any cow, dairy, stockyards, or apiary, and the keeping of any thereof from and after said date upon any premises within the City shall be and the same is hereby declared to be a nuisance.
(Ord. 317; Ord. 987, February 16, 1982)
It is hereby declared to be a nuisance and it shall be unlawful to use fresh, uncured or raw manure as a fertilizer within the City limits, unless said manure is turned into the soil within 24 hours after it is spread.
(Ord. 987, February 16, 1982)
From and after the effective date hereof, no riding academies, clubs, or schools having horse, mule or pony corrals or barns in connection therewith, may be commenced, maintained or operated within the City, excepting upon special permit from the City Council first had and obtained.
(Ord. 317; Ord. 987, February 16, 1982)
With respect to any territory annexed to the City after the effective date of the ordinance codified in this section, the keeping of animals shall be allowed in conformance with the regulations of the County of Marin which were applicable at the time of annexation. Although such uses may not conform to the regulations herein specified, they may continue provided that such use shall not be enlarged or increased, nor extended to occupy a greater area than that occupied by such use at the time of annexation. If such use is discontinued for a continuous period of six months, the subsequent use of such land shall be in conformity with the regulations specified in this title for the district in which such land is located.
(Ord. 1010 § 2, June 20, 1983)
In the event that any person believes that unreasonable restrictions, or unnecessary and extraordinary hardship, or damage will be imposed upon him or her or the safety and welfare of the animal involved, from the carrying out of the strict letter of any of the provisions of this chapter, he or she may request a hearing there-on before the City Council and, after a public hearing thereon held upon notice to the claimant, if the City Council finds that unreasonable restrictions, unnecessary and extraordinary hardship or damage will be imposed upon him or her or the safety and welfare of the animal involved, then any of the provisions or regulations hereof may be modified in harmony with the general purposes and objectives hereof to the end that the public health, safety and welfare of the people may be secured and substantial justice done.
(Ord. 987, February 16, 1982)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $500.00, or by imprisonment in the county jail for a period of six months, or by both such fine and imprisonment.
(Ord. 987, February 16, 1982)