Loading...
HomeMy WebLinkAboutAgenda Report - May 20, 2015 J-02AGENDA ITEM J-02 &'-%, CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1903 Entitled, "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" in Regard to Chicken Hens MEETING DATE: May 20, 2015 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1903. BACKGROUND INFORMATION: Ordinance No. 1903 entitled, "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" was introduced at the regular City Council meeting of May 6, 2015. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: FUNDING AVAILABLE JMF/PMF Attachment Not applicable. Not applicable. J nifer M. rraiolo City Clerk r_ APPROVED: - ph Schwabautr , City Manager N:Wdministration\CLERK\Council\COUNCOM\Ordinance4.DOC 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 Lodi Municipal Code Chapter 6.08 "Prohibited Animals" is hereby repealed and reenacted in its entirety, and shall read as follows: CHAPTER 6.08 PROHIBITED ANIMALS Sections: 6.08.010 Definitions 6.08.020 Livestock prohibited.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: 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. 2 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: j!1IFE l� • • Approved this 20th day of May, 2015 1 BOB JO ON MAYD 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: If.• r.• � � :,may._ - ---� JANICE D. MAGDICH City Attorney 0 JEPfNIIFER FERRAIOLO City Clerk 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 SUBJECT: Please immediately confirm receipt of this fax by calling 333--6742 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1902, 1903, 1904, and 1905 PUBLISH DATE: SATURDAY, MAY 23, 2015 TEAR SHEETS WANTED: One (1) Please 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 21, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS ELENA STODDARD DEPUTY CITY CLERK ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OFADVERTLSL::11I::N'7: THANK YOU!1 Emailed to the Sentinel at dianer@lodinews.com at 14=�—(tirne) on (date) (pages) L3V5 Phoned to confirm receipt of all pages at time} F ES (initials) N:\Administration\CLERK\OrdSumma-ries\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. Adopted May 20, 2015; and effective June 19, 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. Adopted May 20, 2015; and effective June 19, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; 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. Adopted May 20, 2015; and effective June 19, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1905 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING CHAPTER 13.14, "STORMWATER MANAGEMENT AND DISCHARGE CONTROL CODE," IN ITS ENTIRETY. The purpose of this ordinance is to bring the Lodi Municipal Code into compliance with the State of California's General National Pollutant Discharge Elimination System Phase II Stormwater Permit. Introduced May 20, 2015. Adoption will be considered June 3, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi May 21, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING 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 Friday, May 22, 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. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 22, 2015, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummari es\aadecpost2. doe 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. 2 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 MandatoDuty 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 B, 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 4 JENNIFER M. FERRAIOLO City Clerk