HomeMy WebLinkAboutNS-2833 - Amending Chapter 5 of Santa Ana Mnicipal Code Relatng to Keeping of FowlTLJ 5/29/12
ORDINANCE NO. NS-2833
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 5 OF
THE SANTA ANA MUNICIPAL CODE RELATING TO
THE KEEPING OF FOWL
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines, and declares as follows:
A. Chapter 5 of the Santa Ana Municipal Code prohibits any person
from keeping or maintaining fowl or rabbits within at least one-
hundred (100) feet from any family residence or building designated
for human occupancy, the owner's excepted.
B. On April 24t", 2012, the Santa Ana Public Safety Committee
recommended that the City Council revise its ordinance to reduce
the proximity restriction for the keeping of fowl from one-hundred
(100) feet to thirty (30) feet, by a vote of 3:0.
C. Based on City staff's consideration and analysis of the following
factors, which the City Council of the City of Santa Ana hereby
adopts, the City Council has determined that reducing the distance
restriction for the keeping of fowls and rabbits from one-hundred
(100) feet to thirty (30) feet is reasonable:
1. While the risk of disease is a concern there is no data
that determines the risk of disease or likelihood of
humans contracting disease as it correlates to a specific
distance in which fowl is maintained in proximity to
humans.
2. Staff does not anticipate that noise or odor complaints
will increase as a result of reducing the distance
requirement.
3. The distance reduction will be consistent with the majority
of Orange County cities' ordinances and the County of
Orange's regulation relating to the keeping of fowl.
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D. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor
shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for
tracking purposes only in conformance with the Charter.
Section 2. Section 5-6 of the Santa Ana Municipal Code is hereby
amended, such that it reads as follows:
Sec. 5-6. Permit required for large number of fowl, etc.
(a) No person shall keep or maintain more than four (4) in number of any fowl
(excluding roosters which are not permitted within the City of Santa Ana per
section 5-6.5 hereof), rabbit, or any combination thereof, on any premises
within the City of Santa Ana unless a special permit has been issued, subject
to the rules and regulations provided in this section and the approval of the
city department of planning and development services. Permits may be
revoked on any grounds which would be sufficient to deny issuance. Any
person aggrieved by the action of the animal control officer in denying or
revoking a permit may appeal to the city council as provided in Chapter 3 of
this Code.
(b) Any person keeping or maintaining more than four (4) in number of fowl
(excluding roosters which are not permitted within the City of Santa Ana per
section 5-6.5 hereof), rabbits, or any combination thereof, on any premises
within the city of Santa Ana shall be subject to the following rules and
regulations:
(1) All buildings, pens, runs, or other places where such fowl and/or
rabbits are kept shall be located at least thirty (30) feet from any
residence, the owner's excepted.
(2) The floors of every such building shall be smooth and tight and
maintained so as to prevent accumulation of filth or water.
(3) The floor area of every such building where the fowl and/or rabbits
are given free run shall be of sufficient area so as to allow for two
and one-half (2 1/2) square feet per fowl and/or rabbit.
(4) All dead animals, manure, refuse, feathers, and other waste matter
shall be removed within a reasonable time, not to exceed forty-eight
(48) hours, or kept in fly-tight containers until such removal.
(5) If runs are provided and the formation of ground therefor is such
that it cannot be kept in a clean and sanitary condition at all times
Ordinance No. NS-2833
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as required by the state or local health department, the floor of said
runs or pens shall be constructed of cement, said cement to be laid
so as to prevent rodents from entering thereunder.
(6) Rabbits must be kept in hutches so constructed as not to allow the
urine to pollute the ground, and provided with floors that are
removable for the purpose of cleaning and disinfecting; no box
hutches will be permitted.
Section 3. Section 5-18 of the Santa Ana Municipal Code is hereby amended,
such that it reads as follows:
Sec. 5-18. Proximity to humans.
(a) Livestock. Except as otherwise provided in this chapter, no person who
keeps or has upon premises owned, leased, or occupied by him any
livestock shall keep such livestock within one hundred (100) feet of any
family residence, with the exception of his own.
(b) Fowl and rabbits. No person shall keep fowl or rabbits within thirty (30)
feet of any family residence or building designated for human occupancy,
with the exception of his own.
(c) Enforcement. The director of planning and development services shall not
approve for issuance any building permit until he has assured himself that
the provisions of this section have been met.
Section 4. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
Section 5. Neither the adoption of this ordinance nor the repeal hereby of
any ordinance shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective date hereof, nor
be construed as affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision applicable to any
violation thereof.
Ordinance No. NS-2833
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ADOPTED this 4th day of June 2012.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: r
resa L. Judd
ssistant City Attorney
YES: Councilmembers: Alvarez, Benavides, Bustamante, Pulido,
Sarmiento (5)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers Martinez, Tinajero (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2833 to be the original ordinance adopted by the
City Council of the City of Santa Ana on June 4, 2012 and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
Date: Or &ilII•? )-
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2833
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