An animal that has rabies or shows signs of having rabies and
every animal bitten by another animal afflicted with rabies or that
has been exposed to rabies shall be confined at once in a secure place
by the owner. A person who knows or who has reason to know that an
animal is infected with rabies or has been exposed to rabies shall
immediately upon learning of the infection notify the City and the
State Health Department as to the place where the animal is confined
and shall surrender said animal to the Animal Control Officer upon
demand. The City shall then deal with the rabid animal pursuant to
state law.
It is unlawful to permit dogs in the streets or public places
unless on a secure leash and under the immediate physical control
of the person having custody thereof.
Any person in control of a female dog or cat in mating season
shall confine the dog or cat as to preclude other dogs or cats from
either attacking or being attracted to such female animal.
[Added 6-16-1994 by Ord. No. 82-3]
A. No household or member thereof is allowed to own, harbor or keep dogs or cats, or any combination thereof, totaling more than four animals, consisting of animals subject to the licensing requirements of §
118-12; provided that any household owning dogs or cats or any combination therefor totaling more than four animals, which animals are licensed before the effective date of this section, shall be allowed to retain more than four animals only as long as the particular animals owned on the effective date remain in the possession of said household; provided, further, that the head of any household shall be held responsible for any violation of this section by the household or any of its members.
B. Any household or member thereof owning, harboring or keeping more
than four dogs or cats on the date that this provision becomes effective
shall be permitted to own, harbor or keep such number of animals upon
the following conditions:
(1) That the owner, within 30 days after the effective date hereof, report
in person to the Animal Control Center a description of such animals.
(2) That all such owners, within 30 days after the effective date hereof, show proof of compliance with §
118-7, Rabies vaccinations, and §
118-12, Dog licenses; fees.
[Added 6-16-1994 by Ord. No. 82-3]
The City Council hereby declares it to be conducive to the promotion
of the health and general welfare of the inhabitants of this City
to require a professional animal permit to operate a kennel, grooming
parlor, pet shop, refuge or shelter or to be a hobby breeder and impose
certain regulations and inspection fees on those engaged in operating,
maintaining or owning a kennel, grooming parlor, refuge or shelter
or pet shop, or being a hobby breeder.
A. Kennels, grooming parlors, pet shops, refuges, hobby breeders and shelters shall be allowed only in zones designated by Chapter
450, Zoning.
B. Procedures for obtaining a professional animal permit; fees and renewals.
(1) Persons operating kennels, grooming parlors or pet shops or hobby
breeders shall obtain a professional animal permit.
(2) An application for a professional animal permit shall be filed on
forms provided by the City Manager.
(3) Each application for a professional animal permit must include a
petition on forms provided by the City signed by the residents and
owners of all property, abutting the property for which the permit
has been requested, not including public right-of-way, stating that
said residents and property owners have no objection to the permit
being issued. The person applying for the permit is responsible for
obtaining the signatures. Provided, however, that the applicant may
submit a petition not signed by all abutting resident and property
owners if he is unable to obtain their signatures, and said petition
must give the names and addresses of the residents and property owner
who have not signed. The City Manager may contact any of the abutting
residents or property owners to discuss the application.
(4) Within 30 working days of receipt of an application for any professional
animal permit, the City Manager shall inspect the premises to determine
whether they comply with the standards established by this chapter.
(5) The City Manager shall conduct a public hearing on each application
for a professional animal permit for a refuge. At least 15 days before
the date of this hearing, the applicant must post and maintain one
or more signs as provided and where instructed by the City Manager.
It is unlawful for any person to remove or tamper with any such required
sign during the period it is required to remain under this subsection.
The City Manager shall notify the applicant by mail of the date, time,
and place of hearing and shall also mail written notices not less
than six days prior to the date of the hearing to all owners of property
within 100 feet of the exterior boundaries of the property which is
the subject of the application, using for this purpose the last known
name and address of the owners shown in the records of the San Miguel
County Assessor.
(6) Within 30 working days after the inspection required for any professional
animal permit or the public hearing on an application for a refuge,
the City Manager shall approve, approve with conditions, or deny the
professional animal permit application. The City Manager shall approve
an application if he determines that:
(a)
The standards established by this chapter, by Chapter
450, Zoning, and other applicable laws and regulations are met.
(b)
The activity would not be detrimental to the public welfare.
(c)
The professional animal permit would not be injurious to the
neighborhood. In making his decision, the City Manager shall assess
neighborhood input from public hearing for refuges, the petition for
hobby breeders or any complaints which have been made against the
refuge or hobby breeder to determine the seriousness of any objections,
but neighborhood input shall not be the sole determinant of his decision.
(7) Should the applicant for any professional animal permit, any party
in the public hearing required for a permit for refuge, or any resident
or property owner residing or owning property which abuts the premises
of a hobby breeder wish to appeal the City Manager's decision,
such appeal must be made to the City Council.
(8) If the professional animal permit application is approved by the City Manager, the applicant shall pay a permit fee of $25 and the permit shall be issued; provided, however, that shelters shall be exempt from this fee and applicants for hobby breeder may either purchase a regular license as provided in §
118-12 or pay a fee of $25 for the professional animal permit. New professional animal permits for kennels, grooming parlors, pet shops or animal shelters, but not a renewal, shall be issued with permit fees prorated on a semiannual basis. Except for refuges, professional animal permittees who keep their animals confined shall, at the option of the permittee, be exempt from the animal license requirements of this chapter, and will not be issued any license tags unless the required animal license fee is paid; provided that hobby breeders who are professional animal permittees will be issued license tags when the required fee for the professional animal permit is paid, but will be exempt from the animal license requirements as provided in §
118-12 for each animal on the premises.
(9) Professional animal permits are not transferable from one person
to another person or place. A valid permit shall be posted in a conspicuous
place in every kennel, grooming parlor, pet shop, refuge and shelter.
(10)
A professional animal permit holder shall notify the City Manager
of any change in his operation which may affect the status of his
permit and shall keep the City Manager apprised of any changes in
name or location of the activities covered by the permit.
(11)
Persons in charge of any kennel, grooming parlor, pet shop,
refuge or shelter and any hobby breeder shall be responsible for complying
with this chapter. There shall be kept at each kennel, grooming parlor,
pet shop, refuge or shelter, and hobby breeder's premises a record
of all animals received and of their final disposition.
(12)
The professional animal permit for kennels, grooming parlors,
pet shops, and animal shelters shall expire December 31 of each calendar
year, and an application for renewal shall be filed by February 1
of the following year. The professional animal permit for hobby breeders
and refuges shall expire one year after the date of issuance, and
an application for renewal shall be filed within 30 days after the
date of expiration. Procedures and fees for permit renewals shall
be the same as those for new applications, except the public hearing
for professional animal permits for refuges shall not be required.
C. Facilities and care applicable to professional animal permit.
(1) Animal housing facilities shall be constructed of nontoxic materials
and in a structurally sound design. Interior floors shall be smooth,
easily cleanable construction and impervious to water. The facility
shall be kept in good repair and kept clean and sanitary at all times,
so as to protect animals from disease and injury.
(2) Housing requirements.
(a)
Animals maintained in pens, cages or runs for periods exceeding
24 hours shall be provided with adequate space to prevent overcrowding
and to maintain normal exercise according to species.
(b)
Indoor housing shall be provided for in all pet shops, grooming
parlors, refuges, shelters and commercial kennels. These facilities
shall be sufficiently temperature controlled and ventilated to provide
for the animals' comfort and health.
(c)
Sufficient lighting shall be provided by either artificial or
natural means.
(d)
Outside housing shall be sufficient to protect animals from
sunlight, rain, snow or cold weather that may be detrimental to the
animals' health.
(e)
Provisions shall be made for the removal and proper disposal
of animals and food waste, bedding, dead animals and debris. Disposal
facilities shall be provided and so operated as to minimize vermin
infestation, odors, and disease hazards.
(3) Adult animals shall be segregated by sex, except where otherwise
indicated for health, welfare or breeding purpose, and any vicious
or quarantined animals shall be removed and caged by themselves. Provided,
however, that hobby breeders shall not be required to segregate the
animals by sex.
(4) Except as indicated for health or welfare, animals shall be provided
with clean, fresh, sufficient and wholesome food and water. Food and
water containers shall be kept clean.
(5) Each animal shall be observed daily by the animal caretaker in charge
or his representative. Sick, diseased, injured, lame or blind animals
shall be provided with proper veterinary care. Any person operating
or employed at a kennel, grooming parlor, pet shop, refuge, or shelter
who observes an animal which he suspects of being rabid shall at once
notify the City Manager and the State Department of Health and Social
Service and segregate such animal(s) for a period of 10 days unless
examined and released by written statement of a veterinarian and then
only at the discretion of the City Manager.
(6) Persons operating kennels, grooming parlors, pet shops, refuges and
shelters as well as hobby breeders shall comply with all applicable
requirements under this chapter.
(7) Refuges shall be required to have all their dogs and cats spayed or neutered; provided, however, that this requirement does not apply to the four dogs or cats permitted per household by §
118-14 of this chapter.
D. Inspection under a professional animal permit. The City Manager or
his designee, after proper identification, shall be permitted to enter,
at any reasonable time, any kennel, grooming parlor, pet shop, refuge,
or shelter, or hobby breeder premises for the purpose of making inspections
to determine compliance with this chapter. The City Manager, or his
designee, shall make as many inspections and reinspection as are necessary
for the enforcement of this chapter.
E. Number of animals permitted holders of a professional animal permit
for hobby breeders.
(1) The number of adult dogs or cats, or any combination thereof, which
any holder of a professional animal permit for hobby breeder may keep
shall be limited on the basis of the allowable kennel area which he
has and an area requirement per dog or cat. "Allowable kennel area"
is defined as 10% of the total area of the lot on which the hobby
breeding is to be conducted. The area requirement per dog or cat is
established from the following table:
|
Animal Size
(pounds)
|
Area Required
(square feet)
|
---|
|
Small (under 30 pounds)
|
75
|
|
Medium (30 to 59 pounds)
|
100
|
|
Large (60 pounds or more)
|
125
|
(2) "Animal size" is defined by the weight specified in the standard
for the breed, either average or maximum allowable. If no breed standard
for weight exists, the City Manager shall set a weight standard for
the purposes of this subsection. The sum of the area requirement for
each dog or cat which the hobby breeder keeps cannot exceed the allowable
kennel area.