Rooster Ordinance

8/13/2019 Rooster Ordinance

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Section 6.04.020 of the Oakland Municipal Code is hereby amended to read as follows

Section 6.04.020 DEFINITIONS

For the purpose of this title, unless it is plainly evident from the context that a differentmeaning is intended, certain terms used herein are defined as follows:

Adoption group means an organized, licensed. insured._non-profit organization whoseprimary function is the adoption and placem ent of shelter animals.

Animal means any mam mal, poultry, bird, reptile, fish, or any other dumb creature,including, but not limited to, horse, cow, goat, sheep, pig, pigeon, chicken, goose, rabbit,dog, cat. A nimals are classified by w eight: large animal, over fifty (50) pounds; mediumanimal, between twenty-five (25) and fifty (50) pounds; small animal, under twenty-five(25) pounds.

Animal quarters mea ns the premises and all buildings, hutches, pe ns, coops, yards, andtheir appurtenances used for the keeping of animals, commercial fur-bearing animals,poultry including pigeons, gam e and sh ow birds, fowl and birds, or any other kind notspecifically mentioned, and dogs, and cats not kept in kennels and pet shops as hereindefined; including, but not limited to , stables, poultry farms, pigeon farm s, and rabbitfarms.

At large means a dog off the premises of its owner and not under restraint by leash, orchain, or not otherwise controlled by a competent person,

'Chipping means th e injection of a m icrochip below the skin of an animal by aveterinarian, registered vet technician or other qualif ied shelter staff

D og mea ns and includes fema le as well as male dogs. Dogs are classified by weight:large dog: over fifty (50) pounds, medium dog: between twenty-five (25) and fifty (50)pounds, small dog: under twenty- five (25) pounds.

Foster means a person who is wi l l ing to temporari ly take an d care for an animal unti l th et ime that animal be com es suitable for adoption as recognized by an adoption group and /oranimal shelter management .

Horse means and includes mule, burro, pony, jack hinny, or jenny.

Kennel means any person, firm or corporation engaged in the commercial business ofbreeding, bu ying, se lling, distribu ting or boarding dogs and/or cats.

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Owner.

1. Owner means any person, firm or corporation owning, having an interest in, or havingcontrol or custody or possession of, any animal.

2. Any person keeping or harboring a dog for fifteen (15) consecutive days shall be deemedto be the owner thereof, w ithin th e meaning of this title.

Person mean s and includes an y person, partnership, corporation, trust, and association ofpersons.

Pet shop means any person, firm, or corporation operating an establishment where liveanimals and/or birds are kept fo r sale, fo r hire, or sold.

Unlicensed dog as used in this title means a dog for which the license for the current yearhas not been paid, or to which the tag provided for in this title is not attached.

Wild animal means any animal no t ordinarily and customarily domesticated, including,but not limited to, skunk, raccoon, opossum, squirrel, fox.

W henever any reference is made to any portion of this title, such reference applies to allamendments and additions thereto now or hereinafter m ade.

The present tense includes the past and future tenses and the future, th e present. Eachgender includes the other two genders.

The singular numbe r includes the plural and the plural, the singular.

Whenever a power is granted to, or a duty is imposed upon the Animal Control Center, thepower shall be exercised or the duty shall be performed by the Senior An imal ControlOfficer and/or the Animal Control Officer, or by any person or organization, its officers,agents, and employees, designated by contract or otherwise to enforce this title. (Prior code3-9.01 (part))

Section 2

Section 6.04.050 of the Oakland Municipal Code is hereby amended to read as follows(underlined text in this section indicated new text).

Section 6.04.050 Anti-rabies vaccination and chipping required for license

As a condition for the issuance of a dog license, all applicants fo r such license shall procureand deliver a certificate issued by a duly licensed veterinarian^certifying that each dog tobe licensed has been administered an anti-rabies vaccination and_has._had a micro-chipinserted with in thirty (30) days prior to the issuance of said license, or has received an

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anti-rabies vaccination sufficient to immunize said dog against rabies for the current licenseperiod.

Currently licensed dogs are exempt from th e chipping procedure for up to one year after th eadoption of this ordinance.

Section 3

Section 6.04.320 of the Oakland Municipal Code is hereby amended to read as follows

Section 6.04.320 KEEPING OF FOWL

It is unlawful for any person to keep an y ducks, geese, chickens or other fowls in anyenclosure in the city unless th e exterior boundaries of said enclosures are more than twenty(20) feet from an y dwelling, church or school. (Prior code 3-9.28)

tt is unlawful for any person to keep, harbor or m aintain roosters within th e city l imit .

This section shall not prohibi t the activity authorized under section 6.04.290 of this code.This section shall also not apply to and is not intended to regulate any commerc ia l ac t iv i tythat is alr ead y regulated by the Oakland Pla nnin g Code.

Section 4

Section 6.04.400 is hereby added to the Oakland Municipal Code.

Section 6.04.400 NUMBER OF DOGS

It is unlawful for any person to keep on any one premises more than three (3) dogs if saiddogs are more than 4 m onths old.

In ca lcula t ing the permitted n u m b e r of dogs al lowed on any premises, dogs that werel icensed in the Ci ty of Oakland prior to the effect ive date o f this ordinance sha l l be exempt .However, no additional dogs shall be permitted on any premises following the effectivedate of this ordinance whe n th e n u mb e r of dogs lawfully kept on the premises exceedsthree unti l such t ime as the number of dogs on the premises drops below three . Noth ing inth is exempt ion shall be construed to a l low any person who lawfully kept more than threedogs on any premises on the e fiective date of this ordinance to cont inue to keep more thanthree dogs in the event that any of said dogs originally kept on the propcny on the efiectivedate of this ordinance are no longer kept for any reason.

Section 5

Section 6.04.410 is hereby added to the Oakland Municipal Code.

Section 6.04.410 EXEMPTIONS

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Licensed dog kennels, licensed boarding facilities, licensed breeders, vete rinar y hospitals,licensed pet shops, th e Oakland Animal Control Services Shelter, th e Oakland Society fo rthe Prevention of Cruelty to An im als (SPCA )and Fosters whose app licatio ns have beenapproved by Oakland Animal Services are exempt from the provisions o f t h i s section.

The restrictions s et forth in sect ions 6.04.320. 6.04.390, and 6.04.400 also sha l l not applyto any property where such activity is perm itted by any other pr ov isio n of the Oa klandMunicipal Code or Oakland Planning Code and for which all necessary land use permitshave been issued or where no use pe rm its are required because the activity qualities as alegal non- conforming use as defined in section 17.114.020 of the O akland Plan ning Code.

6 04 420 ENFORCEMENT PENALTY

In addition to an y other penalties authorized by law, violations of this Chapter may

be charged as either an infraction or a m isdemean or.Section 6

This ordinance shall become effective upon passage.

Section 7

If any word, sentence, paragraph, clause or phrase is ruled unconstitutional orunenforceable by any court of competent jurisdiction, said ruling shall not affect th evalidity of the rest of this ordinance. The City Council finds and determines that it wouldhave enacted this ordinance without said word, sentence, paragraph, clause or phrase.

In C ouncil , Oakland, California, OCT 0 4 2005 2005.

ABSTENTION- ffi

PASSED BY THE FOLLOWING VOTE;

AYES- BROOKS, BRUNNER, CHANG, DE LA FUENTE, f l , Q U A N ,

NOES- / - A^f e^ ^

ABSENT- s

-

LaTONDA SIMMONSCity Clerk an d Clerk of the Council

Introduction Date o 0f of the City o f Oakland, CaHfomia

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Documents

Rooster Ordinance