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HomeMy WebLinkAbout4190 - Bird Fowl Reptile RabbitLAKEWOOD MUNICIPAL CODE Section 4190 PART 9 BIRDS, FOWLS, REPTILES, RABBITS, FISH AND WILD AND VICIOUS ANIMALS (Added by Ord. 75-7) 4190. WILD AND VICIOUS ANIMALS AT LARGE, PROHIBITED . N o person owning or having charge, custody, control or possession of any animal known by such person to be vicious or dangerous shall permit or allow the same to run at large upon any highway, street, lane, alley, court or other public place, or upon any private property, or on or within the premises of such person in such manner as to endanger the life or limb of any person lawfully entering such premises. 4191. DISTANCE FROM RESIDENTIAL AND OTHER BUILDINGS . A person shall not keep and maintain any animal, fowl, or bird, wild or domestic within thirty-five (35) feet of any restaurant, food establishment, resident or dwelling, or other building used for human habitation, or within one hundred (100) feet of any school building, hospital building, or similar institutional building. The provisions of this section shall be inapplicable to the following: A. Cats, dogs, canaries, or birds of the psittacine family. B. Accredited laboratories regulated by the State Department of Public Health. C. Where a permit has been issued under this part. D. The following wild animals maintained within the resident of such person or within 35 feet of his residence: 1. Tropical fish, excluding caribe. 2. Rats, mice and rabbits maintained as domestic pets, not exceeding five in number in any combination. 3. Not more than three of the following animals in any combination per 10,000 square feet of lot area: (a) Chinchillas (b) Chipmunks (c) Cockateels (d) Gopher snakes (e) Guinea pigs (f) Hamsters (g) Hawks (h) King snakes (i) Marmoset monkeys (j) Squirrel monkeys (k) Turtles (l) Other similar animals which in the opinion of the Planning and Environment Commission or City Council are neither more obnoxious nor detrimental to the public welfare than the animals enumerated in this section. (Amended by Ord. 86-12) 4192. CLEAN AND SANITARY CONDITIONS . I t shall be unlawful for any person to keep or maintain any premise, yard, coop or building in which birds, fowl, reptiles, rabbits, fish and wild and vicious animals are maintained in a foul or unsanitary condition. 4192.1. PIGEONS . N otwithstanding any provision of this part to the contrary, the following provisions and regulations shall be applicable to the ownership and maintenance by any persons of pigeons within a residential zones: A. Pigeon as used herein means a bird belonging to the family Columbidae or the order Columbiformes. B. Notwithstanding any provision of this part to the contrary, no person shall own or maintain within any resid ential zone more than five (5) pigeons of any kind except squabs or baby pigeons of any number shall be permitted while nesting for a period not to exceed thirty days. C. The provisions of this part pertaining to licenses and permits are inapplicable to pigeons, and the ownership and maintenance of pigeons in any residential zone is prohibited except as authorized in this section. Said pigeons shall be maintained at all times as follows, and no person shall violate the terms and provisions of this section: 1. All pigeons shall be banded for the purpose of identification. LAKEWOOD MUNICIPAL CODE Section 4192.1.C.2 2. Pigeons maintained outside of the main building shall be kept in a pen, coop, pigeon house, loft or other structure that will securely maintain said pigeons within the confines thereof and which is maintained and kept at all times in a sanitary condition and in compliance with all health regulations of the Health Department. No such pen, coop or structure shall be kept or maintained within thirty-five (35) feet of any restaurant, food establishment, dwelling house or other building used for human habitation or within one hundred (100) feet of any school building, hospital building or similar institutional building, nor within five (5) feet of the side and rear property lines of the lot or parcel on which located. 3. All feed maintained by any person for pigeons shall be stored in containers which offer protection against rodents, insects, birds and other animals. 4. Said pigeons shall be maintained within the confines of such a coop, pen or structure with the exception that said pigeons may be released not more than once in any twenty-four hour period on Mondays, Wednesdays and Fridays for liberation, exercise or training of any kind. 5. All pigeon droppings and food scraps shall be removed from the premises at least once a week and shall be disposed of as provided in Part 3 of A rticle V of the Lakewood Municipal Code pertaining to refuse accumulation and collection. (Added by Ord. 85-13) 4193. PERMIT REQUIRED . I n addition to any licensing requirement of this chapter no person shall keep or maintain or have in his possession or under his control, any birds, fowl, rabbits, reptiles, fish or wild animal unless pursuant to a permit issued by the Planning and Environment Commission. (Amended by Ords. 76-5 and 86-12) 4193.1 APPLICATION . E ach application for a permit shall be accompanied by the filing fee established by resolution of the City Council. Such application shall be referred to the Health Officer for a report. 4193.2. HEARING . The Planning and Environment Commission shall cause notice of a public hearing upon said application to be given within the time and manner as established by the rules of the commission. At the time and of the hearing the Commission shall consider the report of the Health Officer and all other relevant evidence. The Commission shall not approve any application where it finds and determines that the granting of such a permit would be detrimental to the public health and safety, or would unreasonably interfere with the quiet and peaceful enjoyment of surrounding or neighboring residential property. The commission in approving any application may impose reasonable conditions in order to protect the public health, safety and welfare. (Amended by Ords. 76-5 and 86-12) 4193.3. APPEAL FROM DECISION OF COMMISSION . T he decision of the Commission is final unless appeal in writing by the applicant or any member of the City Council to the City Council within ten days after receipt of notice of the decision of the Commission. In such an event the City Clerk shall set a hearing on the matter before the City Council within the time and upon the same type of notice as used by the Co mmission in establishing the hearing before the Commission. The hearing before the City Council shall be a new hearing and not limited to the record before the Commission, although the record shall be considered by the City Council. Each Notice of Appeal shall be accompanied by the appeal fee established by resolution of the City Council. (Amended by Ord. 86-12) 4194. EXEMPTION . A. Exempt from both the licensing and permit requirements of this Chapter are the following maintained in connection with residential property: 1. Tropical fish, excluding caribe. 2. Mice, rats and rabbits raised as domestic pets not exceeding five in number in any combination. 3. No more than three of the following wild animals in any combination per each 10,000 square feet of lot area: (a) Chinchillas (b) Chipmunks (c) Cockateels (d) Gopher snakes (e) Guinea pigs (f) Hamsters (g) Hawks (h) King snakes (i) Marmoset monkeys (j) Squirrel monkeys (k) Turtles (l) Other similar animals which in the opinion of the Commission or City Council are neither more obnoxious nor detrimental to the public welfare than the aforementioned enumerated animals. (Amended by Ord. 86-12) LAKEWOOD MUNICIPAL CODE Section 4194.B B. The licensing and permit requirements of this Chapter shall be inapplicable for and to the maintenance for noncommercial purposes of not more than twenty-four birds on any property zoned for residential purposes, provided no more than five birds shall be maintained on said premises unless a health permit has been issued by the Health Officer. C. The licensing and permit requirements of this Chapter shall be inapplicable to the maintenance by any person on property zoned for R-1 or R-A purposes of not more than five rabbits or five female fowl, but in no instance may any rooster be maintained in connection with R-1 or R-A zoned property. D. The licensing and permit requirements of this Chapter shall not apply to any person keeping or maintaining or having in his possession or control any wild animal being transported through the City, and where said person has taken adequate safeguards to protect the public. E. The permit requirements of this Part shall not apply to the following, although health permits, licenses and zoning and other permits where required shall be complied with: 1. Carnivals and circuses for which a permit has been issued in accordance with this Code. 2. Dog kennels, cat kennels, pet shops, animal me nageries, animal exhibitions, wholesale wild animal dealer, and wild animals licensed under Section 4150, et seq., of the Lakewood Municipal Code. F. Unless expressly prohibited herein the Commission may grant, pursuant to hearing as authorized in this Part, permits to maintain animals and birds in excess of those herein exempted from the permit requirements of this Part.