HomeMy WebLinkAboutOrdinances - No. 1903ORDINANCE NO. 1903
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 6 "ANIMALS"
BY REPEALING AND REENACTING CHAPTER 6.08
"PROHIBITED ANIMALS" IN ITS ENTIRETY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Chapter 6.08 "Prohibited Animals" is hereby repealed and
reenacted in its entirety, and shall read as follows:
CHAPTER 6.08
PROHIBITED ANIMALS
Sections:
6.08.010
Definitions
6.08.020
Livestock prohibited.
6.08.030
Wild animals prohibited.
6.08.040
Domesticated animals—Number permitted.
6.08.050
Determination of age of animal.
6.08.010 Definitions.
A. "Domesticated animals" means those nonferal animals commonly kept as household
pets and includes:
1. Dogs (canis familiaris);
2. Cats (felis catus);
3. Reptiles such as lizards or nonpoisonous snakes under six feet in length; and
4. Rabbits.
B. "Livestock" means those animals commonly kept for commercial purposes, including,
but not limited to:
1. Horses, mules, burros or jacks;
2. Chickens, turkeys, guinea hens, peacocks, ducks, roosters or similar fowl;
3. Bulls, cows, hogs, pigs, goats, sheep and llamas.
C. "Wild animals" means those feral animals, not commonly kept as household pets,
including but not limited to:
1. The following members of the class mammalian:
a. Order Carnivora, except the domestic dog (canis familiaris) and the
domestic cat (felis catus), but including, but not limited to, the family
Felidea (such as ocelots, margays and cougars) and family Canidae
(such as wolves, wolf hybrids, coyotes and jackals); and
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b. Order Columbae (such as doves and pigeons) unless registered with a
homing pigeon club—California Government Code Section 65852.6; and
C. Order Marsupialia (such as kangaroos and opossums); and
d. Order Chiroptera (bats); and
e. Order Primata (such as monkeys, chimpanzees and gorillas); and
2. Reptiles that are poisonous or in excess of six feet in length or thirty pounds in
weight; and
3. Any nondomestic species when kept, maintained or harbored in such numbers or
in such a manner as to constitute the likelihood of danger to themselves, to
human beings or to the property of human beings.
6.08.020 Livestock prohibited.
It is unlawful to harbor, keep or have within the city any livestock as defined in Section 6.08.010
(B), with the exception of chicken hens. It is unlawful to slaughter livestock within City limits.
6.08.025 Chicken Hens Permitted:
The total number of chicken hens allowed shall not exceed five (5) in number on any one
residential lot and may be kept purely for home consumption and not for commercial purposes,
subject to the provisions of this Code.
a. Feed for chicken hens shall be contained and enclosed so as not to attract
rodents, insects, and other vermin.
b. Chicken hens shall be kept in the rear yard of residential units and not permitted
in the front yard.
C. Chicken hens shall be kept in fenced areas, cages or coops that are sufficiently
adequate to prevent the chickens from escaping from the property and to prevent
wildlife predators from gaining entry. Chicken hens must be secured at night in a
predator -proof enclosure, cage or coop, to protect from dogs, coyotes, raccoons
or other predators.
d. It is unlawful to slaughter chicken hens within City limits.
6.08.030 Wild animals prohibited.
It is unlawful to harbor, keep or have within the city any wild animal.
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6.08.040 Domesticated animals—Number permitted.
A. It is unlawful to harbor, keep or have within a single household within the city more than
five domesticated animals in excess of four months of age in any combination thereof, except in
a licensed business, where permitted in a particular district as provided by Title 17 of this code.
B. It is unlawful to harbor, keep or have within a single household within the city more than
one litter of puppies or kittens during any twelve-month period, except in a licensed business,
where permitted in a particular district as provided by Title 17 of this code.
6.08.050 Determination of age of animal.
If there is any dispute as to the age of any domesticated animal, in the absence of any affidavit
or sworn testimony from a person who has personal knowledge of the date of birth, a
determination made by the animal control officer is conclusively presumed to be correct.
SECTION 2 No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 5. This ordinance shall be published pursuant to law and shall become effective 30
days from the date of passage and adoption.
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
Approved this 20th day of May, 2015
BOB JOHNSON
MAYOR
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1903
was introduced at a regular meeting of the City Council of the City of Lodi held May 6, 2015, and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
May 20, 2015, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1903 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
Approved to Form:
JANICE D. MAGDICH
City Attorney
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JENNIFER M. FERRAIOLO
City Clerk