HomeMy WebLinkAboutOrd 2021-3512ORDINANCE NO. 3512
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 6 OF THE CHULA VISTA MUNICIPAL CODE TO
ALLOW THE KEEPING OF ONE MINIATURE PIG PER
DWELLING UNIT
WHEREAS, in May 1991 the Chula Vista City Council created an exception to the
longstanding ban on keeping hogs, pigs and goats in the city; and
WHEREAS, in Ordinance No. 2456 the City Council unanimously amended Section
6.04.060 of the Chula Vista Municipal Code to expressly allow the keeping of one miniature pig
per dwelling unit, subject to sanitation, restraint and vehicle transportation safety requirements;
and
WHEREAS, more than 20 years later, in February 2012 the City Council unanimously
approved numerous changes to Title 6, Animals, of the Chula Vista Municipal Code; and
WHEREAS, these amendments and additions in Ordinance No. 3226 were to update Title
6; and
WHEREAS, staff discovered that because of a clerical error, the provision allowing the
keeping of one miniature pig per dwelling unit (CVMC 6.04.060(c)) was omitted from the staff
report and Ordinance No. 3226, adopted by City Council in February 2012; and
WHEREAS, complaints of any nature about miniature pigs in Chula Vista are rare,
according to Animal Care Facility staff, a total of thirteen (13) complaints have been received
since 2015. Those complaints range from sanitation, stray pigs running loose, and to investigate
the welfare of a pig. Staff successfully resolved most of these complaints with warnings; and
WHEREAS, the proposed ordinance amendment responds to a referral from Council on
August regarding miniature pigs; and
WHEREAS, restoring Subsection C to Section 6.04.060 would correct the clerical error
and ensure that Title 6, Animals, properly reflects the City Council’s May 1991 adoption of
Ordinance No. 2456, as well as the state of the law allowing the keeping of one miniature pig per
dwelling unit in Chula Vista, subject to specific size and weight restrictions, sanitation, restraint
and vehicle transportation safety requirements.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I.
Title 6, Animals, Section 6.04.060, Swine, roosters and goats prohibited – Exceptions, is
amended to restore Subsection C, regarding the keeping one miniature pig per dwelling unit , as
follows:
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Ordinance No. 3512
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Section 6.04.060 Swine, roosters and goats prohibited – Exceptions.
The keeping of hogs, pigs or other swine, roosters or goats within the City is expressly
prohibited:
A. Where the keeping of any such animals was lawfully established and existing in
an area thereafter annexed to the City, such keeping may, without enlargement,
be continued for a period not to exceed three years after date of annexation of the
area wherein contained;
B. Such animals not exceeding two in number may be maintained for bona fide
educational purposes upon application of a public or private school to the City
Council and approval by the City Council, both as to the type and number of
animals to be kept for such purposes and the manner of their keeping;
C. One miniature pig, not exceeding 18 inches at the shoulder or 100 pounds, may be
kept per dwelling unit. However, the breeding of miniature pigs, for any and all
purposes, is expressly prohibited. Owners of miniature pigs shall comply with the
regulations existing in CVMC 6.04.110 (sanitation) and CVMC Chapters 6.24
(restraint) and 6.26 (vehicular transport safety.) In addition to other penal
sanctions, an animal control officer or peace officer of the City may, after such
notice to the owner as the circumstances permit, seize and remove a miniature pig
to an animal shelter.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
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Ordinance No. 3512
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Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Daniel E. DeSousa Glen R. Googins
Interim Animal Care Facility Director City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of September 2021, by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3512 had its first reading at a regular meeting held on the 14th day of September
2021, and its second reading and adoption at a regular meeting of said City Council held on the
28th day of September 2021; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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10/6/2021