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Animal Control-Regulations - Ordinance 3169 - Miniature Pig
4 , 7-0 STATE OF CAUFORN1A County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of Cafifomia, and that attached Notice is a true and — 1 complete copy as was printed and published inEGAL Punic NOTiE. the Huntington Beach and Fountain Valley `ORDINANCES NO.3169 issues of said newspaper to wit the issue(s) of: AN ORDINANCE OF THE CITY COUNCIL OF THEE CITY OF HUNTINGTON BEACH AMENDING THE i HUNTINGTON BEACH MU-1 NICI.PAL CODE BY AMENDING CHAPTER 7.12 RELATING TO MISCEL- LANEOUS ANIMAL CARE AND CONTROL septembe Ordinance 3 r 1992. c Ordinace No. 3169 amends chapter 7.12 of the ` Huntington -Beach Mu- nicipal Code pertaining to Miscellaneous Animal Care and Control and permits miniature pigs within resi- dential zones subject to the approval of a residential animal permit. THE FULL TEXT OF THE { ORDINANCE IS AVAIL- AB,LE IN THE CITY E CLERK'S OFFICE ADOPTED by the City Council of the City of Hun- 1 i tington Beach at an regular meeting held Monday, Au- i gust 17, 1992, by the fol- lowing roll call vote: I declare, under penalty of perjury, that the AYES: Councilmem- 3 ,bers Robitaillei Moul- , foregoing is true and correct. :ton•Patterson, Winch• gc. loll',- S,Iiva, Green, Executed on Septembe-r_ 3 �g9$ ?MacAllister, Kelly mem- dt Costa aa', Carifomia. f bers:None ABSENT: Council- members:None CITY OF HUN- TINGTON BEACH, Connie Brockway, Signature f City Clerk Published Huntington Beach-Fountian Valley In- dependent August 27, 1992. � 084-147 Amemded Publication September 3, 1992. PROOF OF PUBLICATION zoning zoning It is our understanding that the cities of Phoenix and Scottsdale have seen fit Contributed by Barry Dorfman,M.D. , to allow the owning of pet pigs. The Chair of Club Cochon 's Zoning issue is pending in Yuma. Committee. (SPRING 91 ) Is1iIl QO � t=ar o °, °kP It appears that the City of Chicago On April 16th, the City Council of now allows individuals to keep a pet Burbank passed an ordinance legalizing piggy. (Not your most rural setting.' !) the keeping of one for a pet. Take note of this one for those of you The council ruled that potbelly pigs who live in the big city. We are trying can be kept as domestic pets within the to get more specifics on this one. city limits. The pigs must weigh less than 100 lbs. . Only one neutered pet The City of Austin has also seen fit to is allowed per household, and the owner join its progressive sisters in must get a permit from the City 's legalizing piggies. Animal Shelter Superintendent. ILLMLO 10- CONTRIBUTED by Club Cochon Member The drafting of a .law to allow neutered Raena Barry. Legal and Zoning. pet pigs is still in process. (NOVEMBER 90) =12�7 ©ff &ag A:yaJWIC-g a&1-CJr 7 IR-�P.c — Still remains on hold, but the issue A victory occurred in Monterey Park may be coming up again soon. (Los Angeles County), as a result of Ywo lzep- Sally is a resident of Monterey Park We understand that the pigs are legit and pet pig owner of Arnold. She here, too. If any of you have gathered piggy supporters and won over specifies, please let us kr:ow what me the C'i t y Council . hes.i den is are conditions are. allowed to keep one potbellied pig ;-)er hotrsehol d as of Seprember 10, 1 990. WaY On March 26th the Rocklin City Council to go Sally and Arnold.' ' ! directed staff to write an ordinancet` allowing for pet piggies. Again, staff We do not want the situations involving has not yet released the text of the Piggies and zoning to deterio.-ate to proposed ordinance. We belive we will the point that law suits are contain restrictive language regarding required. It is very important to have lot size and vaccinations/blood good relationships with your neighbors testing. and to build a base of interest and =7 09 support for these animals as pets in On March 26th, a sub-committee of the our commtrn.i ties. When working with the Sacramento City Council voted 9-0 to legal aspects of keeping these legalize the keeping of a neutered or Piggies, it is critical to work in a spayed pet piggy in the City. The professional, credible manner with Council overruled City staff 's staff members in Planning, Zoning or objections and directed the drafting Animal Control , as well as staff of of an ordinance. No lot or zoning members of the City Council or Board restrictions were to be included. That of Supervisors. This should be done meeting occurred almost 2 months ago; I before the issue ever is brought before shell be sending a letter on behalf of the Council for a formal action. You Club Cochon asking how we can assist in never want to ask for a vote unless you expanding this process. know how it is going to come out. =V 02 &MU ffin ymmo If you are unsure about what you are We understand that 1 pet piggy is legal doing, we would be glad to assist you. in Santa Barbara. Please send us any Hopefully you will not have to seek specifics you have. legal advice. From a breeders -4- r perspective, the bottom line is _if we Draft of proposed document by cannot educate other people, Dr.Dorfman. especially those in government to the The Miniature Potbelly Pig As A House validity of potbellied pigs as pets, our i.ndtrstry wi.1.1 be in great Pet Comparison with Cats and Dogs .' jeopardy! ! The good news is that with The following discussion compares the the help of dedicated people who are suitability of a particular breed of willing to put in the time, there will pig -- the miniature potbelly pig -- to be victories! ! ! You can help letters or be kept as a house-pet in residential statements pertaining to our piggies areas with the suitability health as pets if we need them. considerations of cats and dogs for the same purpose. The criteria for comparison are size, human health considerations in terms of risk of animal to human transmissions of disease, disposition, and shelter needs of the animal . In the United States the breed is commonly referred to miniature potbellied pig (PBP) but A Getter from Barry S. Dorfman M.D. is sometimes called the Asian Diesease Control seect_ion _Infect. inur; Potbelly, the Vietnamese Potbelly or Disease Branch___ Dept -- Health Chinese Potbelly. Services, Sac Cramento, Ca. S1ZE Information submit=ted by; _Ms_G_inny Potbelly 's @ full growth wiII Ragsdale (NAPPA):Potbellied P� Press generally weigh less than 801bs. stand less than 19 inches at the shoulders, October 16, 91 and be less than 30 inches in Dear Ms. Ragsdale: length. Cl.ea: 1y, the potbelly is la ger than Your inquiry regarding potbelly pigs any Cat and smaller than the large to referred to me by our public health giant breeds of dogs (e.g. ,Great Dane, veterinary unit because I have been St. Bernard, Newfoundland, Great working on e) monograph discussing the Pyrnes, Mastiff, Rottweiler) . Because topic from a human health and habitat of the more compact body of the point of veiw. The Infectious Disease potbelly a fair size comparison is to Branch of this Department considers say that; the potbelly is smaller in these animals as suitable for house stature than moderate to large dogs pets in urban situations if they are (e.g. , retrievers, setters, shepards, spayed or neutered. collies) and equal in weight to some We have been receiving numerous dogs. Perhaps the best overall inquiries about these animals and hope comparison is to a large basset hound.: the monograph in process will respond Therfore, in comparison to dogs, the to the public 's need for information. potbelly .is equally suitable to be a Because of the press of other work, house-pet in a residential area by the the document is still in draft stage. criteria of size. However, I have enclosed the latest HUMAN HEALTH draft for your use and hope information The .results of the health comparison is of value to you. analysis can be roughly quantified by \ giving 0 points for NONE, I point for a \ Sincerely, NIL,and 2 points for a REAL. Using this system, dogs pose the greatest / Barry S. Dorfman, H.D. ,MPH threat with the score of 27, cats Disease Control Section with a score of 23, and potbellys the / Infectious Disease Branch very least with a score of 8. / -5- DISPOSITION ----._.-- Potbellys are non-aggressive by Sa„ Jusc Mercury Ncws Thursday, April 5, t 99r) nature. Their first instinct is to retreat from stangers rather than r attack. They usually communicate with soft grunts and therefore do not II �S�� � � trg�sr( G�hvtfifwtrutl� present a disturbance to neighbors. C,ix+LKEr6E _c�ucn L�SrxIFSs They are capable of very high 'All J , decibel, loud screaming squeals. �pO` rJ,. However, these are reserved to -_! ®�*� situations in which they are truly -�`L_{` I frightened or severely restrained or abused in some fashion. Irti'r6rtxcuElEiE�e�eM vIr1AF' D�AAt SHELTER — Potbellys are naturally clean and does ~� not like to make its bathroom in the same place i t sleeps or eats. They will 2 naturally use the same place in the yard or can be trained to a litter box. They are far more readily housetrained ticou Willis than dogs. They will indicate when they need to go out or can use the "p.iggy" door. In the house they will make their bed in the place choosen for them. (e.g. , a sofa or a basket. ) Their basic need is for shelter from the cold in rrrrrrrrrrrrrrrrrrrwrrr�r�nr�rrsar winter and protection from heat in Pigg-Tune Perfect People T's surruner. Coyote Pigg is a 5 color T. RE: ZONING INFORMATION available in assorted color Dean Betty: Thank You for your recent: inquiry re: potbellied pig zoning. rr � As NAPPA Zoning Committee Chairman, I act as a clearinghouse for information -z ` --� Boggs& Kisses is a Pen and Ink ��ff �— 2 color T, available in relative to the keeping of our beloved black on white shirt or reversed. animals as pets or breeding stock. Both are $19.95blackon w Most municipalities have anti-pig Available also are 19.9wp +shleeping.ons hns. zoning regulations which substantially Custom Made Halter & Leads. interferes with safe enjoyment of the Velcro closure adjustable Haller & Leads. animals as pets. These regulations From $24.95. were not promulgated with the potbelly Complete Line of Pigg ee Products. in mind but have been used by Health & Skin Products, Pigg-ee Treats, Collars, Conch Neck Piec- municipalities where there is no es, Beaded Leather Neck Bands, Pigg-ee Jewelry & Clothing. incentive to change the existing Puzzles of Wood, Cutting Boards, Greeting Cards, Pads, Pencils & laws. much more. I have enclosed a packet of information COming Soon... for your use in your efforts. I hope Hand Crafted Turq. Inlay P.B.P.key chains, lighter cases & money it will help you. clips. Call or Write for quantity prices. Thank you! 1 Respectfully, William H.Luedke Chairman, NAPPA Zoning Comrrri ttee 905 East Main Street Pigg-F-L Palace P.O. Box 43556 Phoenix,AZ 85080-3556 602r66-1672 Auburn, Wa 98002 (206)883-4554 -6- Z O N I N G Betty: cards Thank You for all the Information I gave it all to my Lawyer. As you can see by the enclosed article my court date is Dec. loth, 91 . I will have media coverage it will be most interesting to say the least. I do know one thing for sure they will not take my Gertrude away one way or - another I will keel) her. I will let you know how I make out. Pauline Teztlaff =- POTBELLIED PIGS ALLOWT..D IN. Lee County, FI. (Ft.ivlyers, Fl. ) Simi Vallee. Ca. Yuma. Az. Santa Phoenix, A/. Chula Vi>ta Ca. _ Palouse. `Va. _- Austin, In. _- Rocklin, Ca. - Chattanoga, Tn. = Santa Paula, Ca. - Chicago, 11. Fairfax, Va. San Francisco, Ca. Apache Junction, Az. —� West Hollywood, Ca Sacramento, Ca. Monterrey, Ca. Cincinnati, Oh. ✓� ;� ,��„K :3/ Burbank, Ca. Waxahachie, Tx. ' Palo Alto, Ca. �rl Springfield, Or. ,,,� ********PENDING*******: / - Kailas City, Mo. r '/L „yam Upland, Ca. Ventura County, Ca. 4 Los Angeles, Ca. _ ***If you know of any other cities where For more info. call: PBP's are allowed & we don't have it listed David Breene drop us a line so we can let others know. (703) 977-8151 POTBELLIED PIG NEWSLETTER 9 WHAT IS SHE WORTH? Z ON Ii N by: Lori Kring, Indiana ',UP'D1"i:T '' Not long ago, Dy husband and ! returned hone frog a weekend • trip and found our OiU2St son in a near panic try_nC t0 Dui a Members are working hard at farrowing crate together. Since we had only bred a couple of the changing city ordinances not sows the week before, there was plenty of time to vorry about allowing potbellied pigs . Here crating then. „ little amused, I explained this to him. I found are the newest successes : nc hacr in the situation, however, when he explained ci favor- ST . PETEF.SBURG , FL --e so°: "had soothing hanging out" and he .ssuaed ve :ad Dade a RENO, NV ristake somehow. P I NELLAS PARK , FL pure enough, a quick trip to the barn reveaied C^ancer had SAFETY HARBOR , FL prolapsed. Ny husband, who had beer. a farms all of his life, LA MESA , CA =�,Yik his head and said Lhis was a deatt: sentence. . ',!ad also S . PASADENA, CA _een around animals ail my life and wasn't s:; sure. VACAV I LLE , CA Early the next corning, I placed a call t our :et. ;ie was LEE COUNTY, FL raised in Iowa, and as gently as possible, exo1aine :,- me Chat KANSAS CITY , MO vr:er, sows prolapse, the next trip is to the slaughter ;,ccs:. as P A L,O U S E , WA as he was concerned, Ue treatment .csl. be a :as;_ of ire, 5x Jidn', ha';e experience witi, w_:',eliied a _. If you ' ve been able to change 'Sot one to give up so easily, I called am-.ether lxa; vet 'rho ordinances in your area , please d'•l' have soae experience with miniature pigs. I kne: . :as in l:q let us know and send us clips trouble when after explaining the situation,, his firs: question from the work you ' ve done . Your :as, 'What is she worth?" This vet had hear potbell:e rigs were successes are helping others to selling for thousands of dollars yet, a d I thought :as about be successful , too . to set his fee accordingiv, There was no do,bt in a; r:njd after he quoted his estimated cost of care. on a whib, I placed one Dore call, This tine, I ci :ed a vet -actice a little f rther for, hone that only handles large ani- ATTENTION POTBELLIED PIG LOVERS is=s, i braced Dyself for the worst: as I tell the stern for the IN AKRON , OHIO, AREA : Folks in your ':`.ird time. This doctor listened, then said he didn't have any area are trying to fight city Ordinances experience with little pigs but he would line to co:e and look the sow over before writing her off. I fouryd some corfort in his prohibiting pothellied pigs. If you see a petition, Sign H. If you'd like to know n-inre, call or reaark that "a pig is a pig', write ferry Skinner al ( 216) 725-8926 or Without going into a lot of Beta:,, : went CO sa; t1:s 'set :real Chances successfully, and his fee was no tore t,aa a reuid 110 13ox 9�5, Mc�(Jiila, ()1-1, 44256. bare been with any other type of pig. I doubt I have to point out the important lessons this experience tauq�t me, but it is easy to forget a second opinion is just as important for ,r pets as An ordinance from Palouse, WA it is for ourselves, large amounts of money won't alw41s buy the amending the regulations on beat care, and last but not least, don't give up! swine in the city limits : ...It is unlawful for any person to keep live A swine within the corporate limits of the city except any miniature pig weighing ]//��� not more than 125 pounds and * continuously registered with a nationally �• recognized Miniature Pig Association... "Pig" means any pig weighing not more 51 L �GGGf than 125 pounds who is continuously j p� registered with a nationally recognized Miniature Pig Association. (For more information on this ordinance and how you can fight outdated ordinances in your area, contact the PPRSI for a zoning packet at 219-784—2989.) • VALL J U U .U11AL © 1992 Dow Jones & Company, Inc. All Rights Reserved. TUESDAY, JULY 21, 1992 Paper and Paperboard A Frightened Husband In millions of tons. I Ms.Tochterman says she called Flying W about her fat pig and was told that she 83 was overfeeding Emily. But Ms: Tochter- 82 man says Emily was downing just one cup of pig chow a day,devouring an occasional 81 I carrot,and scarfing up cookies only"once 80 =£ in a while." " Now Emily is "just humongous," says 79 :'_ >F r Ms. Tochterman, and "shaped like a wa- A ' 7a A termelon."When the pig,now at about 175 pounds,walks through the house,the china 77fi' A rattles. Emily recently backed Ms. Toch- 76 y terman's husband into a corner of the 75` pantry—demanding a dog biscuit—until he 1989 1990 1991 1992 cried out for help. In spite of Flying W's offer to take PAPER AND PAPERBOARD produc- Emily back and to provide a free small pig, tion in the U.S.fell in May to a seasonally adjusted annual rate of 80.7 million tons - - a4� , -- � � from a revised 82.4 million tons in April, Cw . the American Paper Institute reports. Just How Big Can _ Q k f Miniature Pigs Get? t How Big Is a Whale. People Who Went Hog Wild For Tiny Porkers Now Rue The Day `Orca' Moved In . Irene Tochterman and Emily Ms. Tochterman says she still feels "to- By KATHLEEN A.HUGHES tally ripped off."In any case,Ms.Tochter- SpCCtal 20 THE WALL STREET JOURNAL man says she can't part with Emily: Life with a big,nasty pig isn't easy.It is "She's like a member of the fatuity.even worse if you were promised a petite Small pigs are growing too fat alll over pig with a sweet disposition. America. Many pig owners who thought Irene Tochterman had such a pet pig in they were buying miniature pigs later ' mind when she bought Emily for$1,200 two discovered the pigs were hogs. While years ago."It was,"says Ms.Tochterman, some owners.adapt to life with a big p'~ of Bensalem, Pa., "the only extravagant other pigs are winding up as bacon. thing I have ever done." Flying W Farms Keith Connell, the Canadian breeds- in Piketon,Ohio,had advertised the pig as who imported the original potbellies from a Vietnamese potbelly miniature that Sweden in 1985, says his pigs grew to 80 would grow to only 40 to 60 pounds and and 100 pounds—roughly the weight of a stand 12 to 14 inches tall. Rottweiler dog,but a fraction of a mature, "Their disposition is much friendlier 800-pound farm hog..As prices soared,to as than the average hog," boasted the leaf- high as$5,000 a piglet,some breeders were let, able to create even smaller pigs. When Emily arrived, she weighed five But some unethical breeders starved pounds and sat happily in a playpen.Then, pigs to make them thinner.Others crossed she grew. And grew.At 15 months,Emily potbellies with larger, cheaper boars. weighed 125 pounds. Her disposition "People were buying and breeding any- turned ugly. She was snappy. Sometimes, I thing with a snout and a tail," says Pat she charged. Ms. Tochterman tried walk- ; Birmingham, treasurer of the National ing her on a leash.Emily"pulled me flat on Please Turn to Page A6,Column 2 my face," she says. REQUEST FOR CITY COUNCIL ACTIONS Date August 3 , 1992 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administra Prepared by: Michael Adams, Director of Community Developm n Subject: ORDINANCE PERMITTING THE KEEPING OF MINIATURE PIGS SUBJECT TO THE APPROVAL OF A RESIDENTIAL ANIMAL PERMIT (CODE AMENDMENT NO. 92-3) Consistent with Council Policy? [ ] Yes 'KNew Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: 620W STATEMENT OF ISSUE• At the June 15, 1992 City Council meeting, the Council directed staff to prepare an ordinance permitting miniature pigs within residential zones. The ordinance has been prepared as directed and is attached for the City Council ' s review. RECOMMENDATION• Motion to: "Approve Code Amendment No. 92-3 and Ordinance No. 3/O which permits the keeping of miniature pigs subject to the approval of a residential animal permit by the Director of Community Development. " ANALYSIS• At the direction of the City Council, the staff has prepared an ordinance permitting miniature pigs within residential zones subject to the approval of a residential animal permit by the Director of Community Development. Presently, Section 7. 12 . 160 of the Huntington Beach Municipal Code permits the keeping of one goose, rabbit or duck subject to the following conditions : 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 . (Ord. 2936, 27 Apr 88) The fee is presently $10.00. Premises shall be kept clean and free of all matter which may create odors or attract rodents . (Ord. 2936, 27 Apr 88) The animal shall comply with all applicable sections of Chapter 8 .40, Noise Control of the Municipal Code. (Ord. 2936, 27 Apr 88) P10 5/85 The Director of Community Development may impose conditions of approval in addition to the above. (Ord. 2936, 27 Apr 88) 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. (Ord. 2936, 27 Apr 88) Any authorized city employee may inspect the premises for which an application has been granted for a residential animal permit. (Ord. 2936, 27 Apr 88) A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit. (Ord. 2936, 27 Apr 88) 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 . (Ord. 2936, 27 Apr 88) Section 7. 12 . 160 would be expanded to include "miniature pigs" , a definition of miniature pigs and a requirement that the miniature pig be spade or neutered prior to the issuance of a permit. Pursuant to Section 7. 12.290 of the H.B.O.C. , the Director of Community Development and his designees are authorized and directed to enforce the provisions of this chapter. A violation of any of the above-described sections in this chapter is an infraction and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars . FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: 1. The City Council may modify the proposed ordinance by adding or deleting the suggested conditions of approval; or 2 . The City Council may deny the proposed addition to the Municipal Code. ATTACHMENTS: 1. Draft Ordinance 2 . Section 7. 12 . 160 of the Huntington Beach Municipal Code MTU:MA:MS: lp RCA 7/20/92 -2- (3818d) ORDINANCE NO. 3169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 7 . 12 RELATING TO MISCELLANEOUS ANIMAL CARE AND CONTROL WHEREAS, the City of Huntington Beach has previously adopted an ordinance relating to the keeping of certain types of animals as pets pursuant to a Residential Animal Permit, which ordinance has been codified as Huntington Beach Municipal Code Section 7. 12 . 160; and The City Council desires to add miniature pot-bellied pigs to the list of animals that may be kept in the City pursuant to the aforesaid residential animal permit process, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : 1. Section 7. 12 . 160(a) of the Huntington Beach Municipal Code is hereby amended to read as follows : (a) A residential animal permit shall be required for the keeping of- one goose, rabbit, miniature pot-bellied pig, or duck subject to the review and approval of the Director of Community Development. "Miniature pot-bellied pig" means any pig weighing not more than 125 pounds that is continuously registered with a nationally recognized miniature pig association. All miniature pot-bellied pigs kept pursuant to a residential animal permit shall be spayed or neutered; proof of sterilization shall be presented to the Director of Community Development prior to the issuance of a residential animal permit. 159 : 7/22/92 :PDA -1- 2. Section 7 . 12 . 100 of the Huntington Beach Municipal Code is hereby amended to read as follows: It is a nuisance and no person shall keep or maintain in the city cattle or hogs or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three hundred (300) feet of any school or hospital, or within one hundred (100) feet of any street line, except as otherwise provided in this Chapter. 3 . This ordinance shall take effect thirty (30) days from the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of August 1992. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney F-R- 7��--�iy REVIEWED AND APPROVED: INITIATE ND AP ROVED: j City dministrator Director of Community Development 159 :7/22/92:PDA -2- LEGISLATIVE DRAFT WHEREAS, the City of Huntington Beach has previously adopted an ordinance relating to the keeping of certain types of animals as pets pursuant to a Residential Animal Permit, which ordinance has been codified as Huntington Beach Municipal Code Section 7. 12 . 160; and The City Council desires to add miniature pot-bellied pigs to the list of animals that may be kept in the City pursuant to the aforesaid residential animal permit process, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : 1. Section 7. 12 . 160(a) of the Huntington Beach Municipal Code is hereby amended to read as follows : (a) A residential animal permit shall be required for the keeping of one goose, rabbit, miniature pot-bellied pig, or duck subject to the review and approval of the Director of Community Development. "Miniature pot-bellied pig" means any pig weighing not more than 125 pounds that is continuously registered with a nationally recognized miniature pig association. All miniature pot-bellied pigs kept pursuant to a residential animal permit shall be spayed or neutered; proof of sterilization shall be presented to the Director of Community Development prior to the issuance of a residential animal permit. 2 . Section 7. 12. 100 of the Huntington Beach Municipal Code is hereby amended to read as follows: It is a nuisance and no person shall keep or maintain in the city cattle or hogs or upon premises owned, occupied or controlled by him within three hundred (300) feet of any dwelling other than occupied by him; or to keep or maintain any cattle within three hundred (300) feet of any school or hospital, or within one hundred (100) feet of any street line, except as otherwise provided in this Chapter. 3 . This ordinance shall take effect thirty (30) days from the date of its adoption. s 7. 12. 150--7. 1,2. 1600;) 7.12.150 Kennels. (a) nnel " means any p operty where four (4 or more dogs, o.r f ur (4) or mor cats, over the a of four (4) months, re kept or mainta' ed for any rpose, except vet inary clinics and ho itals. (b) No perso shall keep or mai tain, or suffer or p mit to be kept or maintaine upon premises ow d or controlled: by h'm in the city, any kennel with two hundred (200 feet of any dwellin house except the dwelling hous of the person in ontrol of such kenne . (c) Any person, firm or corporation whi conducts a kennel erated or carried on primari y for financial gain shall obtain a bus ess license pursuant to Title 5 f this code. (Or 2095, 1 Sep 76; Or 1905, 4/74; Ord. 1279, 2/ ) 7.12.160 Residential Animal Permit. (a) A residential animal permit shall be required for the keeping of one goose, rabbit, or duck subject to the review and approval of the direc- tor of community development. (Ord. 2936, 27 Apr 88) (b) 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 . (Ord. 2936, 27 Apr 88) (c) Premises shall be kept clean and free of all matter which may create odors or attract rodents . (Ord. 2936, 27 Apr 88) (d) The animal shall comply with all applicable sections of Chapter 8.40, Noise Control of the Municipal Code. (Ord. 2936, 27 Apr 88) (e) The director of community development may impose conditions of approval in addition t the above. (Ord. 2936, 27 Apr 88) (f) The applicant shall be required to sign an affidavit that he/she under- stands all of the conditions of approval for the residential animal permit at the time the permit is issued. (Ord. 2936, 27 Apr 88) (g) Any authorized city employee may inspect the premises for which an application has been granted for a residential animal permit. (Ord. 2936, 27 Apr 88) (h) A violation of any of the above conditions of approval shall be cause for revocation of the residential animal permit. (Ord. 2936, 27 Apr 88) (i ) Prior t issuance of a residential animal permit, notices shall be sent to all abutting property owners and tenants notifying them of the pend- ing application for said permit. (Ord. 2936, 27 Apr 88) 4/88 ATTACHMENT NO. 2- 7.12.290--7. 12.300 7.12.290 Enforcement. The director of development services and his designees are hereby authorized and directed to enforce the provisions of this chapter. (Ord. 2547, 5 May 82) 7.12.300 Penalty. A violation of any of the sections in this chapter is an infraction and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars ($100) . Ord. 2095, 1 Sep 76) 4/88 �` ' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH 7"23XV TO: Pat Dapkus Administrative Assistant JLIL 2,11 1992 FROM: A�ke Strange Senior Planner CITY OF HUNTINGTON BEACH ADMIMISTRATIVE OFFICE SUBJECT: MINIATURE PIG INFORMATION DATE: July 24, 1992 Ms . Megan Oswald would like the attached information distributed to City Council for their review. Although the "Newsletter" is slightly dated, it still provides valuable information about miniature pigs. Please call me at X5253 if you have any questions . Attachment MS: lp (3993d) TUESDAY, JULY 21, 1992 People Who Went Hog Wild Over Miniature Pigs The store finally agreed to sell the pig at auction. Jackie Nelson,a manager of Pet Expo, says the store had been told by breeders Now Rue the Day When `Orca the Whale' Moved In that the pigs were potbellies and had sold only six as an experiment. "We were Continued Tram First Page scale,and when the pig it 180 pounds,she happy,healthy pig than a thin; hysterical culpable, gullible and stupid, and [Mr. Committees on Potbellied Pigs,a breeders' sent a snapshot and a letter of complaint to pig,"reasons Ms.Winslow. Rigby]was culpable,gullible and stupid," group. Designer Pigs. "It's not our pig,"she says But pigs apparently can be nasty at Ms.Nelson says. After the market was glutted — there they responded. any weight.The Rev.Jim Rigby,a Presby- Hyacinth Burt,who also bought a piglet are more than 20,000 real potbelly pigs in Orca was sent to a couple with a farm. terian minister in Austin,Texas,bought a from Pet Expo,says her pig is now over 200 America—prices came down,currently to "They saw free pork,"Ms. Roller says. baby pig on impulse from Pet Expo, a pet pounds. "We think he's part farm pig," as low as$100. In the meantime, however, Jama Hedgecoth,a founder of Designer store, after seeing an ad for potbellies. says Ms.Burt.He also bites.Once Ho-Hog sellers had given mixed breeds cute Pigs, says she still doesn't believe Orca "The guy in the store said it would be great bumped so hard into Ms. Burt's knee she names — like "jogging pigs" and"pocket was their pig.Of the 400 miniatures she has for an apartment,"recalls Mr.Rigby. had to use crutches. Still, she doesn't feel pigs"—to fuel the rage for what were being sold, Ms. Hedgecoth says only six have she can abandon him.Instead,she says,"I hall: d as the house pet of the future: been returned with weight problems—and Once in Mr. Rigby's apartment, how- would like to form a support group for those she enrolled in a"weight ht loss clinic." ever,Hog Along Cassidy crushed a battery people with giant pet pigs." intelligent, trainable,petite pigs. g p g •" Dawn Roller, owner of Best Pets in Ms.Hedgecoth put the pigs on a low calorie with his jaws. He lifted up the carpet. This might appeal to Ms. Tochterman Scottsdale,Ariz.,says she ordered a$1,500 diet of pig chow and fruit snacks.Pigs were Mr. Rigby says the salesperson gave him in Pennsylvania.Pig Emily will be three in also encouraged to swim and take walks. the impression the pig was housebroken. December, and et pigs have an expected jogging model from Designer Pigs Inc., a g p p g p breeder in Atlanta,which told her it was a "We always got the weight off,"says Ms. Not true. "Instantly, my whole property lifespan of 15 years."I can't imagine being potbelly mix — "a small; smart, athletic Hedgecoth. smelled like a hamster cage," Mr. Rigby 65 years old and taking this pig around," pig" that would grow to only 35 pounds. Some pet pigs are undoubtedly fed too says. says Ms. Tochferman. "At that point, we Barbie didn't do much jogging. During much.But,says Bill Braun,a former presi- When he tried to pick up "H.C." to get definitely have a problem." the day, she padded through the house, dent of the North American Potbellied Pig him into the litter box, the pig had a opening the refrigerator with her snout Association in Austin, Texas, "You can't tantrum,kicking and squealing loudly. "It and digging in.At night,she squealed for take a 50 pound piggy and make him a 200 was like a fire alarm,or a smoke alarm," food from her backyard pigpen.Ms.Roller pounder with too much food. Most of he says. Next, H.C. tore his bathroom to slept with a huge bowl of fruit and vegeta- it is genetic." The best way to avoid pieces. Then he emptied a bag of cedar bles beside her bed.When Barbie howled, winding up with a large pig,experts say,is shavings and spread them around the she threw the food out the window. to meet the parents. house. "He was a baby Godzilla," Mr. Barbie grew ever larger. "The fat Ginny Winslow, who lives in Jamul, Rigby says. started around the shoulders. Then it Calif.,tried putting her 300 pound"pocket When Mr. Rigby returned to the pet started hanging around the ankles," says pig" on a diet. She stopped when Gidget store a few days later to complain,he says Ms.Roller. She changed Barbie's name to became "kind of hysterical." Now Gidget the salesperson yelled at him. "They said Orca,after the legendary killer whale. eats peanut butter,pasta,ice cream—any they didn't know what I had done to it.The Ms. Roller weighed Orca on a feed thing she wants. "I'd rather have a big, salesperson became almost hysterical." ` Ord. No. 3169 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH -- I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the 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 therof held on the 3rd day of August 19 92 and was again read to said City.Council at a regular meeting therof held on the 17th day of August 19 92 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: RohitoillP, Mnultnn-Paf-tarcnn.Winchell. Silva. Grppn. MA Al1iG er. KPllw NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officiU Clerk of the City Council of the City of Huntington Beach, California �+a "I l c all RUTHE GORMAN 726 Main Street Huntington Beach, CA 92648 (714) 960-8772 Honorable Mayor Members of the City Council CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Re: "DOG BEACH" Dear Mayor and Council Members: I am writing to urge you not to ban dogs from the area known as "dog beach". I have lived in Huntington Beach for twelve years and am the owner of three dogs. One one of the things my children and I most enjoy is walking them on the beach at Goldenwest and PCH. I feel there are many excellent reasons for keeping this small area of our beach open for dogs, including the following: • Almost all dog owners are responsible people. If given the opportunity, I know we would band together to clean up the beach and make sure the rules are followed. • People are responsible for a vast majority of the litter. Dogs do not order takeout food and then discard styrofoam containers, aluminum cans etc. • The section of beach in question is far removed from the areas tourists frequent and the crowds closer to the pier. You really have to want to go to this section of the beach to overcome its inconvenience and poor access. In other words, there are miles of beach available for people who do not wish to intermingle with dogs. • There are so few places left where dogs are welcome in increasingly urban Orange County. It would be a shame to restrict one of the last places to take our dogs to the beach. I urge you not to pass the ordinance restricting dogs. Thank you for your consideration. 3-n erely, Ruthe Gorman h )�,11Ni1H 3n,3 30 Ui:i }H3l3 , 110 03A13331d f CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 10, 1992 Ruthe Gorman 726 Main Street 5� Huntington Beach, CA 92648 fr Dear Ruthe, \Q Your letter regarding to proposed le s ordinance was received in the City Clerk's Office today. I have forwarded your letter to the members of the City Council, the City Administrator and the Community Services Director. Please call if I may be of any assistance. Sincerely yours, d-�ZXit.Q� Connie Brockway; City Clerk CB:kw (Telephone:714-536-5227) r ` REQUEST FOR CITY COUNCIL ACTION Date April 6 , 1992 Submitted to: The Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator(,2&4� Prepared by: Ron Hagan, Director, Community Services Subject: ORDINANCE AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 13.08. 070 PERTAINING TO DOGS ON THE BEACH Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachment &';-) y/AA /l/0 7- STATEMENT OF ISSUE O,P I < Dogs need to be prohibited on the city beach north of Golden West Street .during the period June 1 through September 30 from 9: 00 a.m. to 5: 00 p.m. RECOMMENDATION Adopt the attached Ordinance amending the Huntington Beach Municipal Code by amending Section 13 . 08 . 070 thereof pertaining to dogs on the beach-. AIALYS I S Enforcement of the leash law on the beach area north of Golden West Street has been a constant problem for staff. During the past summer, this problem was compounded by the increased public attendance in this area. Staff has surveyed other local beaches (Long Beach, Seal Beach, Newport Beach, Laguna Beach, and the State of California) and found that the city beach is the only one with unrestricted dog use during the summer. Long Beach, Seal Beach, San Clemente and the state and county beaches prohibit dogs at all times year round. Newport Beach prohibits dogs entirely from June 15 to September 15, and allows dogs on leashes before 9: 00 a.m. and after 5 : 00 p.m. during the remainder of the year. Laguna Beach prohibits dogs from 8 : 00 a.m. to 6 : 00 p.m. from May 31 to September 15, and allows dogs on leashes during the winter with owners responsible for cleanup. It should be noted that both Newport Beach and Laguna Beach have city-operated animal control services which are very active and supportive in patrol and enforcement. \^ PI O 5/85 REQUEST FOR COUNCIL ACTION April 6 , 1992 Page two Following are the primary problems of allowing dogs on the city beach: 1 . Dog owners constantly fail to comply with the leash law, usually doing so only when patrol units are present. 2 . Unleashed dogs present a safety hazard to the public and other pets. 3 . Most dog owners do not clean up after their pets, thus creating a health hazard. 4. Dog owners frequently take their pets into adjacent prohibited areas. 5 . Orange County Animal Control is reluctant to enforce this area due to the conflict with county ordinances prohibit- ing dogs on all beaches and also due to its limited access to four-wheel drive vehicles. In nearly all instances, city staff must capture an unleashed animal before the county will respond and pick up the stray. 6 . City staff is not properly trained or equipped to perform animal control functions, such as capturing and transporting animals in Marine Safety vehicles. 7 . Marine Safety units are not properly equipped to transport animals, requiring staff to attempt to control the animal while negotiating the drive back to headquarters. This usually results in the soiling of the vehicle, equipment and personal gear. 8 . The inordinate amount of patrol time necessary for this problem during the summer interferes with priority life- saving functions. 9. City staff receive many citizen complaints regarding inadequate enforcement and. health and safety issues, es- pecially when breeds such as pit bulls running unleashed. The above problems have persisted over an extended period of time and the posting of additional signs has had no appreciable effect in improving the situation. Because the city beach is virtually the only jurisdiction permitting dogs regardless of the time of year or the time of day, it is being inundated with dogs and their owners, some of whom are unwilling to abide by the leash law. REQUEST FOR COUNCIL ACTION April 6 , 1992 Page three Staff is recommending that the beach area north of Golden West Street be posted to prohibit dogs during the summer from 9: 00 a.m. to 5 : 00 p.m. from June 1 through September 30 . Dogs would be allowed before 9: 00 a.m. , after 5: 00 p.m. , and all day during the rest of the year. The Community Services Commission approved this recommendation unanimously at its March 11, 1992 meeting. FUNDING SOURCE None ALTERNATIVE ACTION Do not amend HBMC Section 13 . 08.070 and allow the area in question to remain open to dogs on leashes all year by appropriating funds to staff and equip an animal control office to enforce leash and cleanup ordinances. Staff estimates this cost to be approximately $15 , 000 for the period June 1 through September 30 each year. ATTACHMENT Ordinance RH:cs . ; ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 13 .08, SECTION 13 . 08 . 070 RELATING TO DOGS AND OTHER ANIMALS WHEREAS, the City Council wishes to ensure protection of the health and safety of the citizens of the City of Huntington Beach by restricting the time periods dogs are allowed on City beaches; NOW, THEREFORE, the City Council does hereby ordain as follows: SECTION 1. Section 13 . 08 . 070 of Chapter 13 . 08 of the Huntington Beach Municipal Code is hereby amended by adding the following language set forth in bold type: 13 , 08 . 070 . Dogs and other animals . No person having the care, charge or control of any dog or pet or domesticated or wild animal or reptile, shall permit or allow said dog, pet, domesticated or wild animal or reptile to be, under any circumstances or conditions, on or upon the municipal pier, or upon the public beaches in the City; except that upon those beach areas located north of the line created by extending the northern curbline of Goldenwest Street to the Pacific Ocean, dogs constrained by a leash no longer than six (6) feet in length are permitted at all times except from 9 :00 A.M. to 5:00 P.M. June' lst through September 30th each year. . 1 SECTION 2. This ordinance shall take effect thirty 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 day of 1992. Mayor ATTEST: APPROVED AS TO FORM: City Clerk s City A torney lyll- �9�y REVIEWED AND APPROVED: INITIATE ND PPROVED: " —)—xM SAL Cilt7jVAdministVator Director of unity Services 2 ogAf�re oki".r. -7 L Ck 42632 (--7(4-) 525 -I(oSq --------- -- 144.0, a,-Ld ..yn.�T.�aau,G� .s�et�,� �_ ia� -f�1�,.� a,u,ay �. '�''� ol�yo a�n,d Paz a_u_r�r�.aJ.- ��--�.c. ,,�u�'e.e loo��, �e tee, � ,�?e.�� �� sw� ���.ny tlu, �q � � �r-e �o a� a IVk+.)C6A2 I�WVE1 � � �.w.wnJV � � .14 V: teo "of) Ilk L4-00,Tu a N Imous M . ROAD M .D . 8702 DOREMEREDRIVE HUNTINGTON BEACH CALIFORNIA 92646 March 7, 1992 Mayor Silva 2000 Main Huntington Beach, CA 92648 Dear Mayor Silva: Today I was walking my dog along the beach and I was approached by a young lady who informed me that on the 16th of March the City Council will be deciding whether dogs are to be allowed on the beach south of Bolsa Chica. Having taken my dog to this stretch of Beach for nearly ten years, I was saddened by this news. This section of beach is inaccessible to most people and is only used by dog owners and surfers. If the City Council wants to ban dogs from the beach; please may I suggest that they adopt a policy that I have seen in San Diego where certain areas are designated for dogs. This should prevent any complaint from tourists/sun bathers who want to use the beach, as this area would be clearly sign posted for use by dogs and their owners. Another advantage of this is that if the beach is closed to dogs, these dogs will exercise in other public areas such as parks where any waste they leave will not be cleared away nightly by the ocean. Will the City Council then decide to have dogs banned from all Huntington Beach parks? There must be thousands of dog owners in this city and as a resident and tax payer, I request that you take our wishes into consideration. Due to a prior engagement, I will be unable to attend the City Council meeting this coming 16th of March. Therefore I am writing to you, Mayor Silva, and trust you will assist in resolving this quite unfair predicament that we all face. Yours sincerely, Nicholas M. Hoad M.D. NMH/dm