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Home My WebLink AboutNS-1720 - Amending Sections of Santa Ana Municipal Code and Adding Sections Relating to Animals and FowlRJW: j d 2/9/84 ORDINANCE NO. NS-1720 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 5-6, 5-18 AND 5-19 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 5-6.5 and 5-73 THERETO, RELATING TO ANIMALS AND FOWL THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 5-6 of the Santa Ana Municipal Code is hereby amended to read 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 (including roosters where permitted), bird, rabbit, rodent, or combination thereof, on any premises within the City of Santa Ana unless a special permit shall be issued therefor by the animal control officer, subject to the rules or regulations provided in this section and only on approval of the Orange County Health Department and the city department of planning and development ser- vices. 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 (including roosters where permitted), rabbits, birds, or combination there- of, on any premises within the City of Santa Ana, shall be subject to the following rules and regulations: .(1) Ail buildings, pens, runs, or other places where such fowl or animals are kept shall be located at least one hundred (100) 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. ORDINANCE NO. NS- 1720 PAGE TWO Code (3) The floor area of every such building where fowl 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. (4) Ail dead animals, manure, refuse, feathers, and other waste matter shall be re- moved 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 for- mation of ground therefor is such that it can- not be kept in a clean and sanitary condition at all times as required by the state or local health department, the floor of said runs or pens shall be constructed of cement, said ce- ment to be laid so as to prevent rodents from entering thereunder. (6) Rabbits and rodents-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 2: That Section 5-18 of the Santa Ana Municipal is hereby amended to read 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 one hundred (100) feet of any family residence or building designated for human occupancy, with the exception of his own. ORDINANCE NO. NS-1720 PAGE THREE (C) Commercial kennels. (1) Residential strucures of one story in height shall maintain a setback of one (100) feet from any preexisting outside kennel runs of a preexisting kennel and commercial kennels shall also maintain a setback of one hundred ' (100) feet from any preexisting residential structure. (2) Residential structures of two (2) stories or more in height shall maintain a setback of two hundred (200) feet from any preexisting commercial kennel, and commercial kennels shall also maintain a setback of two hundred (200) feet from any preexisting struc- ture of two (2) or more stories. These provi- sions will not apply to anyone who erects a res- idential structure of two (2) stories or more in height or to anyone who erects a commercial kennel, if in erecting the structure, or kennel, that person~ (a) Provides a barrier that will impair the vision between the kennels'and the residen- tial structure to at least the same extent as if a two hundred (200) foot setback were used, and provides sufficient sound retardant mater- ials to produce no more than the same decibel level than if a two hundred (200) foot setback was maintained. The decibel level shall be measured both at the kennel and at the residen- tial structure, or in the alternative. (b) Provides visual and sound standards that in the opinion of the director of planning and development services are equal to or greater than those required by the provisions of (a) above. (3) The residence of a commercial kennel oper- ator or owner shall not be deemed a residential structure as applied in the language of this section. ORDINANCE NO. NS-1720 PAGE FOUR (4) The development and occupation of buildings for human habitation within the distances prescribed above by others than the kennel owner or operator or grantees, directly or indirectly, from or through the kennel owner or operator following the proper establishment of kennels, shall not render the maintenance of such preexisting kennels unlawful by reason of the diminished separation of the kennel use and the use of buildings for human habitation. (D) Enforcement. The director of planning and development services shall not approve for issuance any building permit until he has insured himself that the provisions of this section have been met. SECTION 3= That Section 5-19 of the Santa ana Municipal Code is hereby amended to read as follows: Sec. 5-19. Slaughtering of animals. No person shall kill any animal in the City of Santa Ana, nor shall any person butcher, dismember or process any slaughtered animal in the City of Santa Ana, in order that it may be sold or used as food, except: (a) In an enclosed building, animal so slaughtered [is] of five in weight; or provided each pounds or less (b) In commercial slaughtering buildings. Nothing herein shall be construed to permit any use of property in violation of the zoning regulations contained in Chapter 41 of this Code. SECTION 4= That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 5-6.5, which said sec~ tion reads as follows: Sec. 5-6.5. Prohibition of Roosters. No person shall keep any rooster on any premises within the City of Santa Ana which ORDINANCE NO. NS- 1720 PAGE FIVE is used for residential purposes, or on any premises which permits residential uses pur- suant to the zoning districts contained in Chapter 41 of this Code. SECTION 5: That the Santa Ana Municipal Code is hereby amended by'adding a section to be numbered 5-73, which said sec- tion reads as follows: Sec. 5-73. Zoning regulations. The requirements of this chapter shall be deemed to be in addition to, and not in limitation of, the requirements of the zoning regulations contained in Chapter 41 of this Code. Any permit issued under the provisions of this chapter shall not operate to authorize the keeping or maintaining of animals or wild animals in any zoning district where the use of land for such purposes is not authorized by the then applicable zoning regulations for such districts. SECTION 6: Ail persons who fail to comply with Sections 5-6, 5-18 or 5-19, as amended by this Ordinance No. NS-1720 , or fail to comply with Section 5-6.5, as added by this Ordinance No. NS-1720 , shall have six (6) months from the effective date of this Ordinance No. NS-1720 in which to comply with the above- described changes made by this Ordinance No. NS-1720. SECTION 7: 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 compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana and each 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 sec- tions, subsections, sentences, clauses, phrases or portions be de- clared invalid or unconstitutional. SECTION 8: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were com- mitted prior to the effective date hereof, nor be construed as af- fecting any of the provisions of such ordinance relating to the ORDINANCE NO. NS- 1720 PAGE SIX collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed, or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 2nd day ~. W. LUXEMBOURG~R, Mayor,,,~ ATTEST: GUY, he Council COUNCILMEMBERS: Luxembourger Ay0 Griset Aye (Acosta Bricken Aye Johnson Aye McGuigan Aye Young APPROVED AS TO FORM: