5650ORDINANCE NO. 5650
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.02.052 OF CHAPTER 18.02 AND ADDING
NEW SUBSECTION .130 TO SECTION 18.12.060 OF
CHAPTER 18.12 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING (POT-
BELLIED PIGS).
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsections .010 through and including .015 of
Section 18.02.052 of Chapter 18.02 of Title 18 of the Anaheim
Municipal Code be, and the same are hereby, amended to read as
follows:
" .010 Animal Maintenance General. The keeping of
animals for domestic, noncommercial use shall be permitted
in residential zones subject to the provisions of Chapter
8.08 and the following:
.011 Animal Confinement — Methods. Animals shall be
tethered or maintained in coops, corrals, stables or by
other means of confinement satisfactory to the Planning
Department.
.012 Animal Confinement — Distance. No equine, bovine,
sheep, swine, goat or bird shall be kept, stabled, tethered,
corralled or confined in any manner within fifty (50) feet
of any structure used for human habitation other than that
of the pot-bellied pig's owner, or within twenty (20) feet
of any property line.
013 Types and Numbers of Animals Permitted — General.
.0131 Equine Animals. No equine shall be kept,
stabled, tethered or otherwise maintained on any parcel
of property of less than one (1) acre (43,560 sq. ft.)
in area, excepting as may be specifically permitted in
the zone in which located. Further, not more than one
(1) adult animal and its immature offspring of less
than eight (8) months in age shall be permitted per
each ten thousand eight hundred forty (10,840) sq. ft.
of the area of said lot.
.0132 Bovine, Sheep, Goats and Swine. No
bovine, sheep, goat or swine (except for pot-bellied
pigs, in conformance with the standards set forth in
paragraph .0138 of this subsection .013) shall be kept,
stabled, tethered or otherwise maintained on any parcel
of less than one acre (43,560 sq. ft.) in area,
excepting as may be specifically permitted in the zone
in which located. Further, not more than one (1) any
such animal shall be permitted per each twenty-one
thousand seven hundred eighty (21,780) sq. ft. of the
area of said lot.
.0133 Poultry, Birds, Rabbits and Rodents. Not
more than one (1) any such animal shall be permitted
per each eighteen hundred (1,800) sq. ft. of the area
of the lot upon which such animal is to be maintained;
provided, however, that roosters and peacocks shall not
be permitted in any residential zone excepting as
otherwise permitted hereinafter.
.0134 Dogs shall not exceed three animals over
the age of four months per dwelling unit. A
noncommercial kennel may be permitted subject to the
approval of the Planning Department and Orange County
Animal Control.
.0135 Domestic housecats shall not exceed
three animals over the age of four months per dwelling
unit. A noncommercial kennel may be permitted subject
to the approval of the Planning Department and the
Orange County Poundmaster.
.0136 Miscellaneous Animals Permitted. This
section shall not prohibit the keeping of animals which
are gentle as found in nature such as small turtles,
nondangerous birds, small, nonpoisonous snakes,
nonharmful fish, or small monkeys.
.0137 Wild Animals. This section shall not
prohibit the keeping of wild animals when said animals
are:
.01 In conjunction with zoos, museums, circuses,
exhibits or shows;
.02 Under treatment in licensed veterinary hospitals;
or
.03 Maintained by bona fide educational institutions
for the purpose of instruction.
Provided, however, the provisions of Chapter 8.20 shall
apply.
.0138 Not more than one pot-bellied pig
(meaning a pig classified as Sus Scrofa and commonly
referred to as a Vietnamese pot-bellied pig, pygmy pig
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or mini -pig) shall be permitted in conjunction with the
lawful residential use of property subject to the
following conditions:
.O1 The requirements of this subsection .013 are met
in addition to the requirements set forth in Chapter
8.08 of this Code.
.02 The breeding of pot-bellied pigs is prohibited.
.03 The pot-bellied pig shall be tested and vaccinated
for leptospirosis and erisipelis, pseudo -rabies and any
other communicable diseases for which a vaccine is
available and generally recommended for such animals.
Any person owning or having custody of a pot-bellied
pig shall maintain an annual certificate from a
licensed veterinarian that the vaccination(s) are
current.
.04 The pot-bellied pig shall weigh no more than 200
pounds, stand no higher than 20 inches measured from
the shoulders and shall be no longer than 40 inches
measured from the tip of the head to the end of the
buttock. Any person owning or having custody of a pot-
bellied pig shall maintain an annual health certificate
signed by a licensed veterinarian identifying the
weight, height and length of the pig.
.05 A male pot-bellied pig older than two (2) years
shall have its tusks removed, cut or filed to a length
of less than two (2) inches by a licensed veterinarian.
.06 The pot-bellied pig shall be spayed or neutered by
two (2) months of age. Any person owning or having
custody of a pot-bellied pig shall maintain health
certificate of sterilization signed by a licensed
veterinarian.
.07 Upon request by the City, written certification of
compliance with subparagraphs .03 through .06 from a
licensed veterinarian shall be provided by the person
owning or having custody of the pot-bellied pig.
.08 The pot-bellied pig shall be restrained on a leash
at all times when removed from the premises.
.09 An outdoor exercise area secured with a perimeter
fence shall be provided for the pig at the rear or side
of the property in conformance with any applicable
zoning provisions. The fence shall be designed and
maintained to prevent escape from the enclosed area.
If the pig is maintained outdoors exclusively, the
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exercise area shall be a minimum of 200 square feet in
area. If the pig is primarily kept indoors, the
outdoors exercise area shall be a minimum of 75 square
feet in area. In addition, a wading pool or a
reasonable substitute for such pool shall be provided
during warm weather.
.10 The premises shall be maintained in an odor free,
clean and sanitary manner. Droppings and other wastes
shall be removed on a daily basis.
.11 No pot-bellied pig shall be located any closer
than fifty (50) feet from any off-site dwelling.
.12 A pot-bellied pig shall be kept in compliance with
all requirements of the Animal Control Services Section
of the Orange County Environmental Health Services
Department.
.014 Animals Prohibited. The keeping of animals not
specifically mentioned in this chapter is prohibited except
as provided under subdivisions .0136 and .0137.
.015 Resolution of Conflicts. In the event of a
conflict between this chapter and Chapter 8.08 and/or
Chapter 8.20, the provisions of this chapter shall be
superior."
SECTION 2.
That subsection .130 be, and the same is hereby, added
to Section 18.12.060 of Chapter 18.12 of Title 18 of the Anaheim
Municipal Code to read as follows:
".130 Zoning requirements relating to keeping pot-
bellied pigs."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
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the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a criminal infraction for the first offense except where this
ordinance specifically provides the violation is a misdemeanor.
Violations subsequent to the first offense shall be deemed
misdemeanors. Every violation of the provisions of this
ordinance determined to be a criminal infraction shall upon
conviction thereof be punished by a fine of One Hundred Dollars
($100.00). Every violation of the provisions of this ordinance
determined to be a misdemeanor shall upon conviction thereof
shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00) or by imprisonment not exceeding six (6) months, or
by both such fine and imprisonment. Each such person, firm or
corporation shall be deemed guilty of a separate offense for each
day during any portion of which any violation of any of the
provisions of this ordinance is committed, continued or permitted
by such person, firm or corporation, and shall be punishable
therefor as provided for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 13th day of October
1998.
MAYOR OF THE CITY OF ANIWEIM
ATTEST
CITY CLERK OF THE CIT OF ANAHEIM
0027690.01\smann\061998
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5650 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 15th day of September, 1998, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 13th day of October, 1998, by
the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5650 on the 13th day of October, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 13th day of October, 1998.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5650 and was published once in the North County News on
the 22th day of October, 1998.
CITY CLERK OF THE CITY OF ANAHEIM