The purpose and intent of this chapter is to provide guidance and standards with regard to the keeping of animals within the community.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A conditional use permit shall be required for any commercial animal facility including equestrian facilities, kennels and veterinary hospitals/clinics on any lot within any zone where so permitted; however, a conditional use permit is not required for animal grooming or the retail sale of animal products. A license or permit issued by the Orange County Animal Control may be required as a condition of approval for any conditional use permit needed to develop commercial animal facilities.
Where permitted, all animal maintenance activities, kennels, clinics, hospitals, sales and grooming facilities or uses shall be conducted within a totally enclosed building and shall comply with appropriate development standards of the underlying zone. Grooming and care of equine and cleft-hoofed animals is permitted out-doors provided that appropriate drainage facilities are available for washing activities and that clippings and other wastes are disposed of in an approved trash receptacle.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The keeping of animals is permitted within residential districts of the City, except as restricted and otherwise regulated hereinafter, or as otherwise specified by a specific zoning district regulation, and shall be in accordance with procedures and regulations provided for animal control within a contracted service agreement between the City and County of Orange.
All animal maintenance activities shall be conducted within a totally enclosed building with the exception of domesticated farm animals, horses and cleft-hoofed animals which may be groomed and maintained outdoors provided that appropriate drainage facilities are available for washing activities and that clippings and other wastes are disposed of in an approved trash receptacle.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The following animals are permitted within residential districts of the City:
A.
Not more than three dogs or cats (cumulative) above the age of four months. The keeping of four or more dogs or cats (cumulative) shall be deemed a kennel and shall require approval of a conditional use permit by the Planning Commission. For the purposes of this code, any small domestic animal, including, but not limited to, miniature horses, miniature goats and pot-bellied pigs, shall be regulated in the same manner as dogs and cats.
B.
No more than 10 hamsters, guinea pigs, domesticated rats, mice or other mammals of similar size, nonpoisonous snakes, reptiles, birds, or any combination thereof.
C.
Amphibians or fish contained in aquariums or ponds.
D.
Not more than 20 fowl and 20 adult rabbits may be kept in any R-A zone, and not more than 12 fowl and 12 adult rabbits may be kept in any RLD and R-E zone. In any R-S and R-U zone, up to 12 fowl and 12 adult rabbits may be kept subject to approval of a conditional use permit by the Planning Commission. The keeping of roosters is prohibited in any residential zone. The keeping of fowl and rabbits shall be permitted for noncommercial purposes only; however, the keeping of such animals for commercial purposes may be permitted only in the R-A, RLD and R-E zones subject to approval of a conditional use permit by the Planning Commission.
E.
The keeping of equine and cleft-hoofed animals is permitted in any R-A, RLD and R-E zone with a lot size of 15,000 square feet and larger. In any such zoned property with a lot size of less than 15,000 square feet (but not less than 10,000 square feet), or in any R-S or R-U zone with a minimum lot size of 10,000 square feet, the keeping of equine and cleft-hoofed animals shall require approval of a conditional use permit by the Planning Commission. The maximum number of equine and/or cleft-hoofed animals shall be based on parcel size as depicted in Table 18.20-1.
Table 18.20-1 MAXIMUM NUMBER OF EQUINE AND CLEFT-HOOFED ANIMALS | |
|---|---|
Minimum Lot Size | Maximum Number of Animal(s) |
10,000 — 15,000 sq. ft. | 1 |
15,001 — 17,000 sq. ft. | 2 |
17,001 — 20,000 sq. ft. | 3 |
20,001 — 25,000 sq. ft. | 4 |
25,001 — 30,000 sq. ft. | 5 |
30,001 — one acre | 6 (Two additional animals may be maintained for each acre of lot area above the first acre) |
F.
A maximum of three beehives may be kept in any R-A, RLD, R-E, OS or OSR zone, and up to a maximum of three beehives may be kept in any R-S or R-U zone subject to approval of a conditional use permit by the Planning Commission; four or more beehives may be kept in any R-A, RLD, R-E, R-S, RU, OS or OSR zone subject to approval of a conditional use permit by the Planning Commission.
G.
Young animals born to a permitted animal may be kept on the site, without constituting additional animal units, until such animals are weaned. For dogs and cats this period shall not exceed four months. For equine and cleft-hoofed animals this period shall not exceed 12 months. For all other animals, this period shall not exceed six months.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The following are prohibited within residential districts of the City:
A.
Roosters and other crowing type birds or fowl, except that up to four peacocks and peahens may be kept in any R-A, RLD, R-E or OSR zone, and only to the extent that any sound or cry from any such animal does not disturb surrounding residents.
B.
Wild exotic or non-domestic animals not otherwise permitted herein are prohibited.
C.
Any species of animal where possession is prohibited by State or Federal law.
D.
Maintenance and care of permitted species which fails to protect the health and physical care of the species or creates public health, safety, or nuisance violations.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A.
No equine or cleft-hoofed animal shall be maintained in any required front yard, side yard, or street side yard area. In addition, the maintaining of any equine or cleft-hoofed animal, chicken coops and aviaries, and rabbit cages shall not be permitted within 50 feet of any adjoining dwelling. The 50 feet shall be measured from the edge of the structure to the closest edge of any adjoining dwelling exclusive of the garage. All barns, stables and other similar facilities for horses and/or cleft-hoofed animals, not including arenas, shall maintain a distance of at least 50 feet from any dwelling. Use of arenas that are not located at least 50 feet from an adjoining dwelling shall be limited to not more than two hours per day. The use of arenas shall be conducted in a manner that minimizes creation of fugitive dust through watering of the riding surface prior to use, or other effective means.
B.
Each owner of an animal shall be responsible to ensure proper control and restraint of such animal in a manner that provides both the animal and general public reasonable protection. All species when not enclosed by fencing or suitable enclosure shall be restrained by leash or tether or transported within enclosed vehicles or cages.
(Ord. 2004-884; Ord. 2019-1056 § 3)
Structures or facilities used to house domesticated farm animals shall be considered accessory structures and shall be subject to the requirements of the zone in which located.
Accessory structures, including, but not limited to, barns and sheds, used to house or maintain animals or used to store feed, tack or other appurtenances associated with the keeping of animals, shall conform to the size, height and locational standards of Section 18.10.120 of this title. In cases where the zone district setback standards are more restrictive than those outlined in Section 18.10.120, the more restrictive standard shall apply.
(Ord. 2004-884; Ord. 2019-1056 § 3)
A.
The boarding of any animal other than equine is prohibited. Not more than two equine which are not for the personal use of the occupant of the lot or parcel may be kept, maintained, or otherwise boarded on the lot or parcel, whether or not compensation in the form of money, goods or other services is received from the owner of the animal, subject to the approval of the Community Development Director and the following conditions:
1.
Such boarding shall only be conducted by the occupant of the property;
2.
Any equine boarded shall be counted as part of the total number of animals allowed on the lot or parcel as provided in Section 18.20.630;
3.
All requirements of this article as to the maintenance of animals shall be complied with.
4.
Any permits required by the Orange County Animal Control for the boarding of animals must be obtained.
(Ord. 2004-884; Ord. 2019-1056 § 3)
The occupant of any premises on which any animal is kept shall keep and maintain the animal(s) and premises in such a manner as not to be detrimental to the health, safety, or welfare of any person on any adjoining property or of the general public, nor be materially detrimental to the use, enjoyment, or value of property of other persons in the vicinity of the premises. Such maintenance shall be at least sufficient to keep dust, odors, flies and noise from having an adverse effect on any other property. The following techniques are recommended to meet the maintenance standards specified by this section and shall be utilized if no other alternative techniques sufficient to meet the standard are utilized:
A.
All manure shall be removed from the ground and stalls at least once in every 24-hour period and placed in a covered container. All manure shall be removed from the premises or composted at least once every seven days.
B.
A sprinkler system adequate to control dust in corral areas shall be installed and utilized as necessary on the premises.
C.
Chemical spray and/or bait shall be utilized as frequently as necessary for fly control.
D.
Touch or float activated watering devices with automatic shut-off shall be utilized for animal drinking water in lieu of standing water in troughs in order to minimize the potential for mosquitoes.
E.
An unreasonable accumulation of manure, standing surface water and refuse in a corral or stable area constitutes a health hazard. Therefore, corrals and stable areas shall be maintained in a clean and sanitary condition at all times and standing surface water, refuse and manure shall not be permitted to accumulate.
(Ord. 2004-884; Ord. 2019-1056 § 3)