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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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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