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HomeMy WebLinkAboutOrdinance #3910 ORDINANCE NO. 3910 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 7.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO MISCELLANEOUS ANIMAL CARE AND CONTROL The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 7.12.150 of the Huntington Beach Municipal Code is hereby amended to read as follows: 7.12.150 Kennels. (a) "Kennel"means any property where four (4) or more dogs, or four(4) or more cats, over the age of four(4)months, are kept or maintained for any purpose, except veterinary clinics and hospitals. For purposes of this section, a detached single family residence with a maximum of four dogs shall not be considered a kennel when at least one of the dogs is a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5, and complies with Section 7.12.160 of this Chapter. (b) No person shall keep or maintain, or suffer or permit to be kept or maintained, upon premises owned or controlled by him in the City, any kennel within two hundred (200) feet of any dwelling house except the dwelling house of the person in control of such kennel. (c) Any person, firm or corporation which conducts a kennel operated or carried on primarily for financial gain shall obtain a business license pursuant to Title 5 of this code. SECTION 2. Section 7.12.160 of the Huntington Beach Municipal Code is hereby amended to read as follows: 7.12.160 Residential Animal Permit (a) A residential animal permit shall be required for the keeping of one goose, rabbit, miniature pot-bellied pig, turkey, or duck, a fourth dog, and all chickens, subject to the review and approval of the Director of Planning and Building. The number and type of animals kept pursuant to a residential animal permit shall be permitted in accordance with the applicable Sections of this Chapter. In addition: (a) A miniature pot-bellied pig kept pursuant to a residential animal permit shall comply with the following provisions: 1. A"Miniature pot-bellied pig" shall mean any pig weighing not more than 125 pounds that is continuously registered with a nationally-recognized miniature pig association. 10-2594.002/55171 1 Ordinance No. 3910 2. All miniature pot-bellied pigs shall be spayed or neutered. 3. Proof of sterilization shall be presented to the Director of Planning and Building prior to the issuance of a residential animal permit. (b) A fourth dog kept pursuant to a residential animal permit shall comply with the following provisions: 1. The residence for which the permit is granted shall be a detached single-family residence. 2. At least one of the four(4) dogs shall be a specially-trained guide dog, signal dog or service dog, as defined in Penal Code Section 365.5. 3. Proof that one of the four (4) dogs is a specially-trained guide dog, signal dog or service dog shall be presented to the Director of Planning and Building prior to the issuance of a residential animal permit. (c) All residential animal permits shall comply with the following conditions: 1. At the time the application is made for a residential animal permit, the applicant shall pay a fee established by resolution of the City Council. 2. Premises shall be kept clean and free of all matter that may create odors or attract rodents. 3. The animal shall comply with all applicable sections of Chapter 8.40,Noise Control of the Municipal Code. 4. Any authorized City employee may inspect the premises for which an application has been granted for a residential animal permit. 5. Prior to issuance of a residential animal permit, notices shall be sent to all abutting property owners and tenants notifying them of the pending application for said permit. 6. The Director of Planning and Building may impose conditions of approval in addition to the above. 7. The applicant shall be required to sign an affidavit that he/she understands all of the conditions of approval for the residential animal permit at the time the permit is issued. 8. A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit. 10-2594.002/55171 2 Ordinance No. 3910 SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of March , 20 11 0 ATTEST: U*Y6 APPROVED AS TO FORM: City Clerk City Attorne co v-1'0 t�o REVIE D APPROVED: INITIATED AND APPR VED: jty dministrator Police Chief 10-2594.002/55171 3 Ord. No. 3910 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 22, 2011, and was again read to said City Council at a regular meeting thereof held on March 07,2011, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 17,2011. In accordance with the City Charter of said City Joan L. Flynn, City Clerk CIV Clerk and ex-officio 6ferk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California