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HomeMy WebLinkAboutAgenda Report - May 6, 2015 I-04AGENDA ITEM lewd+ CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 6 "Animals" By Repealing and Reenacting Chapter 6.08 "Prohibited Animals" in Regard to Chicken Hens in its Entirety MEETING DATE: May 6, 2015 PREPARED BY: Chief of Police RECOMMENDED ACTION: Introduce Ordinance amending Lodi Municipal Code Title 6 "Animals" by repealing and reenacting Chapter 6.08 "Prohibited Animals" in regard to chicken hens in its entirety. BACKGROUND INFORMATION: Prior to the revamping of the zoning code in 2013, Lodi Municipal Code (LMC) Section 17.57.030 read as follows: "chicken hens, pigeons, rabbits, guinea pigs or similar animals not exceeding 3 in number on any one lot may be kept in any residential district purely for home consumption and not for commercial purposes, subject to the provisions of other laws or ordinances." When the new zoning code was adopted in March 2013, the language from LMC section 17.57.030 was not included. There was no discussion during public hearings on the zoning code to remove the section or nuisance complaints driving the removal. Rabbits, defined as domesticated animals under LMC section 6.08.010(A), are permitted, as are pigeons registered with a homing pigeon club pursuant to Government Code section 65852.6. Staff believes that the exclusion of chicken hens from the zoning code was an oversight and not a conscious omission. The Planning Commission recently reviewed the previous and existing zoning code in regard to the allowance of chicken hens in residential zoning districts and made the following recommendations: 1) Allow chicken hens as an exception to the exclusion of livestock in residential zoning districts subject to the following conditions: A. Exception: Chicken Hens. The total number 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 other laws or ordinances and the following performance standards: APPROVED: n S� wabauer, City Manager 1. Feed for chicken hens shall be contained and enclosed so not to attract rodents, insects and other vermin. 2. Chicken hens shall be kept in the rear yard and not permitted in the front yard. 3. Chicken hens shall be kept in fenced areas, cages or coups. 4. It is unlawful to slaughter any livestock within City limits. A copy of the Resolution approved by the Planning Commission on April 8, 2015 and minutes of the meeting are attached for the Council's information. Staff recommends the introduction of this Ordinance amending Lodi Municipal Code Title 6 "Animals" by repealing and reenacting Chapter 6.08 "Prohibited Animals" in its entirety, to allow chicken hens in residential zoning districts subject to conditions set out in the ordinance and the LMC. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable dw, Z - Mark Helms Chief of Police MH/CJ Attachments Page I of 5 April 8, 2015 PC Minutes LODI PLANNING COMMISSION REGULAR COMMISSION MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, APRIL 8, 2015 1. CALL TO ORDER / ROLL CALL The Regular Planning Commission meeting of April 8, 2015 was called to order by Chair Kiser at 7:00 p.m. Present: Planning Commissioners — Cummins, Heinitz, Hennecke and Chair Kiser Absent: Planning Commissioners — Kirsten, Olson and SI Also Present: Senior Planner Craig Hoffman, Deputy CityA > rrley John Fukasawa and Administrative Secretary Kari Chadwick Re I 2. MINUTES x �q "March 11, 2015" z# No Quorum for this item. The minutes will be b ctu�ht back to a future me6ft, 3. PUBLIC HEARINGS a) Notice thereof having been pubi�7shedaecordmg to lawy t�affidavit of which publication is on file in -"7" the Community Development De�partmenf, chair Kiser cited for the public hearing to consider the request of the Planning CommisstoC� for approuaJ of a 11 e ?ermit to allow an auto dismantler business in the mdu' jail zone at 7224E Lodi A e plicant p Montero; File 2015-05 U; CEQA Determination,4 o-W66p r Section 1 3Q) Senior PlanneG�raig Hoffrnn gave a liiyPowerPoint `presentation based on the staff report. Staff is recomm@6§61. aper al of the project as conditioned. .neinitz sec�for� c ancat on reding the Fire Operational Permit reference in i ion neat er ten. offma�that the Operational Permit will be done prior to 56-cupancy.X x Commissioner Cummins.asked^if Environmental Health classifies vehicle fluids to be hazardous. Mr. Hoffman stated thatr�tdepends or�the quantity being stored. ,f Chair K180—K" sked what type of screening will be done for the site. Mr. Hoffman stated that the zoningcode oes re ul f `that outdoor storage to be screened. There are several types of screening that enSbe tared Mr. Kiser stated that he had concerns that the screening may make it easier for people to greaK`in. Commissioner Hennecke asked if the past violation will require remediation of the soil. Mr. Hoffman stated that no they have to do with the activity occurring without the benefit of a Use Permit. Vice Chair Heinitz asked if staff will be requiring a phase two environmental report. Mr. Hoffman stated that the property owner has not changed, so any environmental contamination will stay with the property owner not the tenant. Hearing Opened to the Public • Neo Montero with Mrs. Montero interpreting, applicant, came forward to answer questions. • Chair Kiser asked if they understand the conditions and agree with them as written. Mrs. Montero stated that they have read and agree with the conditions. 1 Page 2 of 5 April 8, 2015 PC Minutes Public Portion of Hearing Closed MOTION / VOTE: The Planning Commission, on motion of Commissioner Cummins, Heinitz second, finds that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, and adopts a Resolution approving the Use Permit to an auto dismantler business in the industrial zone at 722 E Lodi Avenue subject to conditions of approval contained in the draft resolution provided. The motion carried by the following vote: Ayes: Commissioners — Cummins, Heinitz, Henneck%%ip Noes: Commissioners — None Absent: Commissioners - Kirsten, Olson and Slateer b) Notice thereof having been published accords staw, an al the Community Development Department, C iir'Kiser called request of the Planning Commission for o�al of a Use to 2 ABC license, at 270 Commerce Street{Applicant: Calwd, DBA.; File 2015-06 U; CEQA Determination EaCempt per Sect Senior Planner Craig Ho Staff is recommending ap Vice Chair Heinitz asked if they Hoffman stated that it is number All a brief Po Pt""f pre project as eodt paned. remove to d Chair Kiser duit of which publication is on file in 6&be public hearing to consider the all , :wine production facility, Type Inco Mpehalf of Jeremy Wine Co. on 153ARL the staff report. material is in the resolution. Mr. questions. thditpport for the growth of the business. MOTION / VOTE The Planning Comission, onrhotion of Commissioner Heinitz, Kiser second, finds that the project iMkempt from the Caltfornia nmental Quality Act (CEQA) pursuant to Section 15321, and adopts Resolution apprgy ing the tle Permit Use to allow a wine production facility, Type 2 ABC licensee s270 Commer Street subject to conditions of approval contained in the draft resolution. The moff carried by th�ollowing vote: Ayes: Cornmissionea " Cummins, Heinitz, Hennecke and Chair Kiser Noes: Comrrnssioesr— None Absent: CommisKirsten, Olson and Slater c) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Kiser called for the public to review previous and existing zoning code in regard to chickens in the residential zoning districts and make recommendation to the City Council. (Applicant: City of Lodi; File 2015-09 Z; CEQA Determination: Exempt per Section 15321) Senior Planner Craig Hoffman gave a brief PowerPoint presentation based on the staff report. Staff is recommending that the Planning Commission make a recommendation to the City Council to change the Zoning Code to allow chickens in the residential zoning district as conditioned. Chair Kiser asked about roaster. Mr. Hoffman stated that roasters are not allowed. 2 Page 3 of 5 April 8, 2015 PC Minutes Vice Chair Heinitz stated that he is pro chicken, but stated that there needs to be more punch to the ordinance. He spoke with Code Enforcement and Animal Control Staff and several of the items that come with the owning of chickens are what create the problems not the chickens themselves. He would like to see the chickens contained in the back yard, the feed kept in secure containers, the waste should not be left to sit around the yard and there should not be any butchering of them in the city limits. Commissioner Cummins asked for clarification on how many animals are allowed. Animal Control Staff Brena DeFazio and Brittnee Munsch came forward to answer questions. Ms. DeFazio stated that you cannot currently have more than five domesticated animals in the city limits. Commissioner Hennecke asked what is done when you discover a resident has too many animals. Ms. DeFazio stated that a citation can be written, but arfi :gal control typically tries to work with the pet owners with education and getting the animals pla"O'd elsewhere. Mr. Hennecke asked how enforcement was done for the chicken when theallowed. Ms. DeFazio stated that the wer owner was given three days to remove the extrchicket�hx}Mr. Hennecke asked if there is a licensing program for owning chickens. Ms. De azio statedi at -she was not aware of a licensing program ever being in place for chickens�_4 r�Hennecke asl�ed�.about communicable diseases. Ms. DeFazio stated that there are diseases that can be passed�',f��om chicken to chicken. Mr. Hennecke asked if this addition will hale negative impact on st�MES,workload. Ms. DeFazio stated that she did not believe it would negi e y affect tlworkload Vice Chair Heinitz asked if thel=,were any mayor prbhyn the past when cikens were allowed. Ms. DeFazio stated that theru§1.M of any problerns� that time. There are more problems now with the calls complaining that pje, a are keeping cht ce s verses the problems with the feed or {:.. waste..,.., • Debbiel`asch}eLodi residen' , arn�uivardt„support the ordinance. She has many bz x. � signatures from pale that wer��ti��la�ble to atteri'd ire meeting that support this item. Ms. Haschir�would like ,rave the signatures be a part of the record. She will bring a copy to O N the Plannrng,,nivisio r'� 3 r��` x Oommissione mm20 df you ed to have a roaster when you have hens. Ms. Hascstated�you do not, sa • OP Vice Chai% ` emitz asi if Ms Hasche would mind having the additional items mentioned Learlier add to the o pance. Ms. Hasche stated that she would not mind having conditions plaft in the ordinance. • '` Mike Walter, Lodi esident, came forward to support the ordinance. He stated his support fo the additioQ*guage as stated earlier by Vice Chair Heinitz. t_ • Andy Wkes WNWResident, came forward to support the ordinance. Mr. Duke stated that there are'zeo aroma feed pellets now available for sell at the feed stores. He would like to see the`e",giber of chickens increase to five because three chickens will not lay enough eggs to feed a family of four. • Commissioner Hennecke asked how many eggs will a chicken lay in a week. The Public stated that if the chickens are kept correctly you could get three or more eggs a week. • Briftnee Munsch came forward to clarify the domestic animal question by stating the chickens are not included in that number. Brena DeFazio stated that title six of the Municipal Codes will cover the sanitation requirements. • Michael Walter came forward to get clarification on the objection to butchering the chickens in the backyard. Mr. Hoffman stated that the activity can become a nuisance. • Arlette Healey, Lodi resident, came forward to object to the ordinance. She stated that she has a few signatures from people that object to the ordinance. She is concerned over the possibility of rats and other pests being brought into the neighborhood. 3 Page 4 of 5 April 8, 2015 PC Minutes Andy Dukes came forward to object to the fact that he has to come to a meeting to support the right to feed his family from his own back yard. He reiterated the fact that three chickens will not feed his family. Kevin Peterson, Lodi resident, came forward to support the ordinance. Public Portion of Hearing Closed • Vice Chair Heinitz asked staff to read the additional conditions that have been discussed. Mr. Hoffman stated: All waste to be removed daily and left to sit longer than a week; feed needs to be enclosed in a sealed container; chickens need to be contained in a fenced area and or coup; chicken are only allowed in the b'�ack yard area; no butchering of the chickens in the city limits. Commissioner Hennecke stated that he wool ltke to have the final draft brought back to the Commission once the changes have`be�n macle� He doesn't like the thought of other people inserting requirements andken presto the City Council as a recommendation from the CommisAb5 before tsion has a chance to vote on what is actually being taken to theobncil. He would Ii k tps ,e other Cities' ordinances to 3"��� see how they have conditioned hisyse. He added that he iavor of this item, but feels that they should be licensed similarf`yodogs and cats. • Vice Chair Heinitz stated that the Comissio �� amended a rAU e' on and approve it in the same night. Cofraxtssioner Hennes a ed that these are n minor changes. If staff is going to be cortutng other staff"rlefnbers and making changes then it isn't a Commission recommentd'atiohFMr Hoffman sated that performance standards can be added at this time and seri on to fit Council • Commissioher Cummins asked. for clarifwc�ation that the}recommendation is to reinstate the languag kfrom�t(ietold ordinarrc Mr�7HOffmar,_&onfirme that to be correct. Mr. Cummins askedsi ow many ch�iekens were llo �d`under th-- old ordinance. Mr. Hoffman stated that three' ,ns were 111, ins asked -if the Commission can recommend allowing`iore with their motion 11r1r Hoffman stated that the Commission could make a recommenion toxaflo�it.more than dattfieee chickens. filie Planning Comhissionmotion ofotnmissioner Heinitz, Cummins second, finds that the project is exempt .mthe`�%)jfornia Environmental Quality Act (CEQA) pursuant to Section and adopt aRe lution�`i�,cornmending the City Council approve the Zoning Code change to 61100 k9hickens in they-TAe tto sident*1 %trict subject to conditions of approval contained in the draft resoluith the additi'(a- I language as stated below: • #4=ijl;,feed will,e=stontained in a proper manner • #5 Ch'rel�en hens vuill be caged, fenced, or in coups • #6 Subje.,o a forcement from Animal Control or Code Enforcement on the manner of cleanliness a1d maintaining the manure • #7 - All animals will remain in the back yard not in the front yard • #8 - No back yard or "field" butchering of live animals • #9 - Extend the number of chickens to five The motion carried by the following vote: Ayes: Commissioners - Cummins, Heinitz and Chair Kiser Noes: Commissioners - Hennecke Absent: Commissioners - Kirsten, Olson and Slater 4. PLANNING MATTERS/FOLLOW-UP ITEMS Senior Planner Hoffman stated that the Tentative Looking Ahead Project List has been provided and staff is available to answer any questions. 0 Page 5 of 5 April 8, 2015 PC Minutes 5. ANNOUNCEMENTS AND CORRESPONDENCE None 6. ACTIONS OF THE CITY COUNCIL Senior Planner Hoffman stated that the last item from tonight's agenda will be going on to the City Council. 7. ACTIONS OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE Chair Kiser gave a brief report regarding the Farmer Boys Restaurant item approved at the meeting earlier this evening. Commissioner Cummins asked how mapyemployees they will have. Mr. Kiser stated that he did not ask that question.°f` ... . 8. ART IN PUBLIC PLACES None 91 None 10. COMMENTS BY STAFF AND COMMISSION ERS�(N'ON AC3ENWA Il CM5) None , fx {V}}t r e 11. ADJOURNMENT y� `C`ommission, There being no further business to comebefore the Planning the meeting was adjourned at 8:10 p.m. 5 Chadwick ping Commission Secretary RESOLUTION NO. P.C. 15-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING THE CITY COUNCIL AMEND THE ZONING CODE TO ALLOW CHICKEN HENS AND OTHER SIMILAR ANIMALS BE ALLOWED WITHIN THE RESIDENTIAL DISTRICTS. WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested determination, in accordance with the California Government Code Section 65402.(a); and WHEREAS, the project proponent is City of Lodi, 221 West Pine Street, Lodi, CA 95240; and WHEREAS, the previous zoning code (17.57.030) allowed for: "chicken hens, pigeons, rabbits, guinea pigs or similar animals not exceeding 3 in number on any one lot may be kept in any residential district purely for home consumption and not for commercial purposes, subject to the provisions of other laws or ordinances; and WHEREAS, when the new zoning code was adopted in March 2013, this section was not included. Staff is of the opinion that this was an oversight. No specific discussion was had during public hearings to remove it. Complaints and nuisances did not drive the removal and omission. WHEREAS, the use of small animals for home consumption and not for commercial purposes, subject to the provisions of other laws or ordinances, will be consistent with the development standards of the adopted General Plan and will be subject to Zoning regulations; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and Based upon the evidence in the staff report and project file, the Planning Commission of the City of Lodi makes the following findings: 1. The project was found to be Categorically Exempt according to the California Environmental Quality Act, Article 19 §15321, Class 21 (a) (2). The project is classified as an "Enforcement action by regulatory agencies" because it is the "adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective." No significant environmental impacts are anticipated and no mitigation measures are required. 2. The use of a limited number of small animals for home consumption and not for commercial purposes, subject to the provisions of other laws or ordinances, will be consistent with the development standards of the adopted General Plan and will be subject to Zoning regulations. 3. The use of a limited number of small animals for home consumption and not for commercial purposes, subject to the provisions of other laws or ordinances will not be detrimental to the health, safety or general welfare of persons residing or working in the City or be detrimental or injurious to the health, safety, peace or general welfare of the City. NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi that the following proposed language be recommended for approval and adoption by the City Council and included in the municipal code as follows: chicken hens, pigeons, rabbits, guinea pigs or similar animals not exceeding 5 in number on any one lot may be kept in any residential district purely for home consumption and not for commercial purposes, subject to the provisions of other laws or ordinances and the following performance standards: • Feed for animals shall be contained and enclosed so not to attract rodents, bugs and other vermin. • Healthy sanitation of the area shall be maintained free from animal waste and not become a nuisance from smell or flies. • Animals shall be kept in the rear yard and not in the front. • Animals shall be kept in fenced in areas, cages or coups. • No back yard butchering of animals shall take place. Dated: April 8, 2015 1 certify that Resolution No. Commission of the City of Lodi following vote: AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners: ATTEST 15-06 was passed and adopted by the Planning at a regular meeting held on April 8, 2015 by the Cummins, Heinitz and Chair Kiser Hennecke Kirsten, Olson and Slater Secretary, Planning Commission ORDINANCE NO. 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 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. F,xcept-as-Pef4tte -4h+s vde ilt 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 subiect 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 vard. C. Chicken hens shall be kept in fenced areas. cages or coups that are sufficiently adequate to prevent the chickens from escaoina from the property and to prevent wildlife predators from gaining entry. 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. 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 _ day of .2015 BOBJOHNSON 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. 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 , 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk Approved to Form JANICE D. MAGDICH City Attorney SUBJECT: PUBLISH DATE: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1902, 1903 & 1904 SATURDAY, MAY 9, 2015 TEAR SHEETS WANTED: One (1) release SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, MAY 7, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK 42z2�� PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU11 fexed to the Sentinel at 369-1084 at E�� (time) on X17! I n (date) (pages) LNS Phoned to confirm receipt of all pages at (time) �PMF ES (initials) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1902 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES — BY REPEALING AND RE-ENACTING CHAPTER 12.12, "PARKS," IN ITS ENTIRETY; AND FURTHER REPEALING AND RE-ENACTING CHAPTER 12.16, "PERMITS FOR USE OF CITY FACILITIES," IN ITS ENTIRETY. The purpose of this ordinance is to streamline redundant language, establish the permit process for commercial and large group or athletic team use of parks, and reflect structural changes following the merger of Parks and Recreation with Hutchins Street Square. Introduced May 6, 2015. Adoption will be considered May 20 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1903 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 6 — ANIMALS — BY REPEALING AND RE-ENACTING CHAPTER 6.08, "PROHIBITED ANIMALS," IN ITS ENTIRETY. The purpose of this ordinance is to allow chicken hens in residential zoning districts. Introduced May 6, 2015. Adoption will be considered May 20, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: Mayor Johnson; ABSENT: None. ORDINANCE NO. 1904 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 6 — ANIMALS — BY REPEALING AND RE-ENACTING CHAPTER 6.15, "VICIOUS/POTENTIALLY DANGEROUS DOGS," IN ITS ENTIRETY. The purpose of this ordinance is to differentiate between "potentially dangerous" and "vicious" dogs and to make the code more enforceable by Animal Services. Introduced May 6, 2015. Adoption will be considered Mav 20. 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi May 7, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DF CO �� fl s • • POSTIN ORDINANCE NO. 1903 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 6 — ANIMALS — BY REPEALING AND RE-ENACTING CHAPTER 6.08, "PROHIBITED ANIMALS," IN ITS ENTIRETY On Thursday, May 7, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1903 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. declare under penalty of perjury that the foregoing is true and correct. Executed on May 7, 2015, at Lodi, California. Pamela M. Farris Deputy City Clerk ord summaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE 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 1 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. i) 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 — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — 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 4 JENNIFER M. FERRAIOLO City Clerk