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HomeMy WebLinkAbout179it vi ORDINANCE NO. 179 A COMPREHENSIVE ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ESTABLISHING REQUIREMENTS FOR THE KEEPING OF HORSES: PRESCRIBING REGULATIONS FOR ANIMAL MAINTENANCE, CORRALS, PASTURES, ETC., AND FOR THE GENERAL MAINTENANCE AND OPERATION OF PRIVATE AND COMMERCIAL AND RIDING STABLES WITHIN THE LIMITS OF THE TOM; OF LOS ALTOS HILLS. THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose. The Ordinance is adopted to establish requirements for the keeping of horses and maintenance thereof in order to protect the public health, safety, welfare, comfort and convenience while permitting residents to keep horses under appropriate and suitable conditions and further to establish conditions and requirements for the operation of commercial stables. This Ordinance is intended to provide rules for correcting unhealthy or unsafe conditions. SECTION 2. Definitions. For the purpose of this Ordinance, salient words and phrases and their derivations shall have the meaning given herein unless it shall be apparent from the context that they have a different meaning. Agriculture. Includes animal husbandry, livestock farming, flower growing, crop and tree farming and viticulture. Corral. A fenced area for the concentration of livestock. Any fenced area of less than one acre shall be deemed a corral. Foal. Young of a horse, donkey or mule, up to age eighteen (18) months. Horse. A large, solid -hoofed herbivorous quadruped of the family Equidae, including donkey, mule, pony, etc. Pasture. A plot of ground other than a corral with grass or other planta available for grazing livestock. Horse Stable. A roofed structure or portion thereof designed or used for housing or feeding of horses. Horses - Maintenance for Private Use. The keeping of horses for private use as an accessory use to a residence on the same parcel, or on a vacant parcel of land, but not primarly for remuneration or sale. Commercial Stable. Any establishment regularly providing services for the keeping and/or use of horses, other than for private use, as regulated under Section 5 of this Ordinance, including but not limited to boarding stables, riding schools, and stables and corrals to accommodate horses belonging to clubs or organizations or members thereof. V J Boarding Stable. Any stable where horses are lodged or fed primarily for remuneration. Riding School. Any establishment providing or offering for remuneration, equestrian instruction through organized classes or similar group instructional activities or any establishment where horses are maintained or facilities provided primarily for equestrian instruction for remuneration. SECTION 3. Interpretation. The interpretation and application of the provisions of this Ordinance shall be held to be the minimum requirements except where it is expressly stated that the maximum requirements shall prevail. It is not intended to impair or interfere with any private restrictions placed on property by covenant or deed, provided however, that where this Ordinance imposes a greater restriction upon such property, provisions of this Ordinance shall control. Where this Ordinance imposes regulations or requirements that are different from or in conflict with those of any other Ordinance of the Town of Los Altos Hills, the Ordinance imposing the more strict requirements shall prevail. SECTION 4. Conformity Required. No horse shall be kept within the corporate limits of the Town of Los Altos Hills (for any period or periods totalling in excess of twelve (12) hours in any one calendar month) unless the requirements of Section 5 of this Ordinance are met. SECTION 5. General Provisions. A. All horses shall be kept in a corral or stable meeting the require- ments of this Ordinance unless kept in a pasture under conditions satisfactory to the Health Officer. B. Construction of Corrals and Stables. All corrals shall be constructed with a substantial fence sufficient for the intended use. Corrals for the enclosure of stallions shall conform to California State Code governing safety fencing. All new stables shall be constructed in conformance with the Building Code of the Town of Los Altos Hills. Where existing buildings and structures constructed are in use and good repair, they need not be brought up to conformance with this Paragraph. C. Fire Protection. The keeping of horses and buildings and structures for this purpose shall conform to the Los Altos Hills Fire Ordinance No. 105 and the fire safety standards of the Los Altos Fire Protection District. D. Drainage. Every parcel of land upon which horses are maintained shall be well drained. The surface of corrals or enclosures shall be graded to prevent accumulation of storm or casual waters. E. Maintenance. It shall be unlawful to keep any horse, or any premises devoted to the keeping and maintenance of a horse, in an offensive, obnoxious, or unsanitary condition. -2- �" V J SECTION 6. Maintenance of Horses for Private Use. The maintenance of horses for private use shall be subject to the procedures, regulations and requirements as set forth in this section in addition to the general requirements of this Ordinance. A. The minimum lot area upon which a horse may be kept shall be one acre and two horses may be kept on such parcel. One additional horse may be kept on each additional one-half acre. One foal may also be kept for every two horses. If ten (10) or more horses are kept on a single parcel or on contiguous parcelsas to which there is substantial identity of ownership or control, a Conditional Use Permit must be obtained in accordance with provisions of Section 7. B. Stables shall be considered to be "structures11 and shall conform to all setbacks as prescribed by other Town ordinances. SECTION 7. Commercial Stables. A. Conditions and Requirements. Commercial stables as defined herein shall be permitted only on sites where a Conditional Use Permit has been granted by the Planning Commission under the Conditional Use Permit procedure of the Zoning Ordinance No. 78, Section XIII, Conditional Uses, Paragraphs 13:10-13:20; 13:30; 13:40; 13:50- 13:60. The duration of the Conditional Use Permit will be determined by the City Council. In acting on any Conditional Use Permit for a commercial stable legally existing at the time of the adoption of this Ordinance, the Planning Commission shall impose only such conditions as are necessary to secure the objectives of this Ordinance. Such conditions may include the alteration, demolition, or reconstruction of the existing structures within the time limits established by the Planning Commission giving consideration to the purposes of the Ordinance. In addition to the general requirements of this Ordinance and any conditions imposed in approving the Conditional Use Permit, each commercial stable shall conform to the following conditions: Number of horses. The number of horses to be kept or maintained at any establishment shall be as fixed by the terms of the Conditional Use Permit as approved by the City Council. 2. Location of Stables and Other Buildings. For any new establishment, the stable shall be located so as to conform to all existing ordinances and shall be in conformance with the site plan approved in conjunction with the granting of a Conditional Use Permit. Structures legally existing at the time of the adoption of Zoning Ordinance No. 78 shall be exempt from these distance requirements, but shall conform to any distance requirements established by the Planning Commission as a condition of issuance of any applicable Conditional Use Permit. 51! V J Supervision. The premises shall be under the full time supervision of a competent attendant and one such attendant shall be on duty on the premises at all times during the twenty-four hour day, unless the premises consists wholly of pasture land, in which case the requirement of personal attendants may be waived or conditionally waived by the City Manager when he deems such waiver to be in the public interest, and provided that in every case where such premises are not attended on a 24-hour basis there shall be posted at conspicuous locations about the premises notices giving the name, address and telephone number of the superin- tendent responsible for the premises. 4. Prohibition on Rent or Hire of Horses. Ho horses shall be maintained which are available for rent or hire and no horses shall be rented or let for hire, except for use on the premises when authorized by a Conditional Use Permit. 5. Equestrian Lessons. Any commercial establishment authorized to provide equestrian instruction shall give said instruction only on the premises unless special permission to do other- wise has been granted by a Conditional Use Permit. 6. Disposition of Manure, The operator of a commercial establishment shall have facilities for and dispose of manure in a manner which will insure that no offensive, obnoxious or unsanitary conditions will develop. 7. Lighting. Ho external lighting other than that needed for safe passage around buildings shall be permitted, unless specifically approved under the terms of the Conditional Use Permit. B. Application for License. Each application for any License for commercial establishments shall be made to the Town on a form provided by the Town accompanied by the required fee and approved Conditional Use Permit. 1. Description ofOperations. The application for License shall be accompanied by a complete description of the manner of operation, number of horses, number of stalls and/or other facilities to be utilized. The specific method of disposing of the manure and providing for fly control shall be set forth in the application. All activities and services to be provided shall be listed and described in the application. A statement of experience and qualifications must also be provided in the application. 2. Site Plan. All initial applications shall be accompanied by a site plan showing all existing and proposed buildings and all other structures pertinent thereto, together with the location on neighboring properties of all buildings within 300 feet of the subject parcel. -4- C. Review of Application and Inspection of Premises. Prior to the issuance of any License, the City Manager or his delegated representative shall make an inspection of the premises to verify that the proposed use will be in conformity with the conditions and requirements of this Ordinance and any conditions of the Conditional Use Permit. D. Issuance of License. If the City Manager finds that the proposed use will be in conformity with the requirements of the Ordinance and the terms of the Conditional Use Permit, the License will be issued. There will be an annual fee and inspection to ascertain conformance to all conditions. E. Appeal of Denial of License. If the City Manager denies any License applied for under the terms of this Ordinance, the applicant may appeal said decision to the City Council within 30 days thereof. All pertinent information most be filed with the Appeal. F. Licenses Not Transferable. Any License issued for a commercial stable is issued to the original applicant and is not trans- ferable or assignable. SECTION 8. Revocation or Suspension of License. Any License granted hereunder may be subject to revocation or suspension by the City Council for failure to comply with the provisions of this Ordinance. In the event of a complaint received by the City Manager concerning either a Private Stable or Commercial Stable, the City Manager may order an inspection to determine the validity of the complaint. If determination is made by the City Manager that the terms of this Ordinance have been violated, the following procedure will be followed: A notice shalt, be sent to the person holding said License specifying where he is failing to comply with this Ordinance or any terms or conditions in the Conditions: Use Permit and requesting appearance before the City Council to show cause at said time or place why said License should not be revoked or suspended. The License holder shall have the right to appear in person or with counsel and introduce such evidence as he may desire. After hearing the facts the City Council may, if in itl opinion the terms of the Ordinance or Conditional Use Permit have been violated, revoke or suspend said License. SECTION 9. Horses shall at all times be maintained adequately, shall be fed, watered, handled and ridden in a humane and protective manner without cruelty. Riders shall handle their horses in such a way as to not violate the rights and safety of the horse, other riders or pedestrians. A veterinarian and two (2) horsemen of good repute shall be appointed by the City Council to review any reported infractions and report their findings to the City Council. SECTION 10. Exceptions. The City Council shall have the right to modify the strict application of this Ordinance, where there are extraordinary conditions affecting the property of the applicant. In such cases the applicant may appear before the City Council and, if after a public hearing and full consideration of -5- the matter the City Council finds th Ordinance unreasonable restrictions, damage will be imposed, it may grant in harmony with the general purpose the public welfare may be secured. J at by following the strict letter of this unnecessary or extraordinary hardship or to the applicant a variance to the regulations and objectives of the Ordinance to the end that SECTION 11. Violations. It shall be unlawful to violate any of the provisions of this Ordinance or any order or orders of the Health Officer of the Town of Los Altos Hills made pursuant to this Ordinance for the protection of public safety, welfare, health and comfort. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall, upon conviction thereof, be punishable by a fine of not more than $500.00 or by imprison- ment in the County Jail for a period of not exceeding six months, or by both such fine and imprisonment. SECTION 12. Public Nuisance. Each violation of this Ordinance shall consti- tute a public nuisance and be subject to abatement as such. SECTION 13. Severability. If any provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid, the remainder thereof and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION 14. Effective Date. This Ordinance shall be effective thirty (30) days after its passage and shall be posted in three (3) public places in the Town of Los Altos Hills. SECTION 15. Adoption. The above and foregoing Ordinance was introduced at a regular meeting of the City Coucil of the Town of Los Altos Hills on the 1st day of February, 1971, and was thereafter, at a regular adjourned meeting of said Council held on the 16th day of February, 1971, passed and adopted by the following roll call vote: AYES: Councilmen Corbett, Davey, Grabowski, Helgesson and Mayor Benson NOES: None ABSENT: None APPROVE ( /s/ Wal a eensoir WALTER A. BENSON Mayor Town of Los Altos Hills ATTEST: Isl Ted J. Kluzek TED J. KLUZEK City Clerk Town of Los Altos Hills Ord. No. 179 (March 16, 1971) -6-