The purpose of this chapter is to establish special regulations
applicable to the following:
3.
The operation of catteries as defined in Section 8.04.080 of this title.
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The operation of kennels or catteries and the keeping of wild
animals constitute types of activity which require special investigation,
review and regulation to ensure that both public and animal health,
safety, and welfare are protected. The necessity to conduct such investigation,
review and regulation arises for reasons which include, but are not
necessarily limited to, the following: (i) the fact that such activities
create health or safety risks which require special regulation and
(ii) the tendency of such activities to create, whether intentionally
or unintentionally, a public nuisance.
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(SCC 0815 § 2, 1990)
Within the context of this chapter and unless otherwise stated, "Permits" shall include licenses issued by the Chief of Animal Control pursuant to the provisions of this Chapter which authorize either the maintaining and operating of a kennel or cattery (a Kennel/Cattery Permit) or the keeping of a wild animal (a Wild Animal Permit) but shall not include licenses issued by the Chief of Animal Control pursuant to the provisions of Chapter 8.24 which authorize the keeping of a dog.
(SCC 0815 § 2, 1990)
a.
No person
shall maintain or operate a kennel or cattery or keep, harbor, or
maintain a wild animal within the geographic area of the County governed
by this title without first, being appropriately zoned for such activity
and second, applying to and receiving from the Chief of Animal Control
an annual permit to do so.
b.
A person
shall be deemed to maintain or operate a kennel if the person, without
an applicable General Business License in effect, keeps, harbors,
or maintains more than four dogs over four months of age.
c.
A person
shall be deemed to maintain or operate a cattery if the person, without
an applicable General Business License in effect, keep, harbors, or
maintains more than four cats over six months of age.
d.
The
following shall be exempt from the requirements of this chapter:
1.
Catteries
when the cats are physically restrained or confined to the place of
keeping and when no founded complaints by the public or observations
by Animal Control of a violation of any provisions of this title are
made;
2.
Enterprises
maintained or operated solely and exclusively as animal facilities
pursuant to a General Business License;
3.
Persons
keeping wild animals solely and exclusively as part of a bona fide
rehabilitation or educational activity sanctioned by the State of
California Department of Fish and Game; and
4.
Non-profit
enterprises recognized by the State of California as animal shelters
or humane societies which shelter animals.
e.
If a
person operates more than one kennel or cattery or maintains wild
animals at more than one address, a separate permit shall be required
for each location where the person maintains a kennel or cattery or
keeps a wild animal.
(SCC 0815 § 2, 1990)
The operation of kennels or catteries in appropriately zoned areas and the keeping of wild animals are subject to special regulations governing their operations as set forth in Chapter 8.26 of this title. Any such regulations not specifically set forth herein shall be promulgated by the appropriate officer and shall be effective when filed with the Clerk of the Board of Supervisors.
The issuance of a permit shall not be deemed to relieve or excuse the owner from the provisions and requirements of Title 8 in its entirety; nor from a requirement, under Chapter 4.06 of the County Code, that a General Business License be obtained as required; nor from any other applicable requirement as set forth in existing Federal, State, or local zoning codes, health and safety codes, business codes or other laws, ordinances, or requirements governing the operation of such a kennel or cattery enterprise or the keeping of such wild animals.
(SCC 0815 § 2, 1990)
All applications for a permit shall be filed, with the required
fees, with the Chief of Animal Control. Applications for a Kennel/Cattery
Permit shall be accompanied by copies of the rabies vaccination certificates
for all dogs or cats to be kept pursuant to the Kennel/Cattery Permit.
The Chief of Animal Control shall receive any fee required for the
application, assure that the application is complete, and conduct
such investigation and review as is necessary for action.
(SCC 0815 § 2, 1990)
The application for a permit shall contain such information
and be filed on a form as is prescribed by the Chief of Animal Control
and shall include the following:
1.
A complete
description of either the type, nature, and extent of the kennel or
cattery to be operated and for which the Kennel/Cattery Permit application
is made or the type, nature, and place of keeping of the animal for
which the Wild Animal Permit application is being made;
2.
The
street address of the location of the kennel or cattery or place of
keeping;
3.
A copy
of the plot map of the property where the kennel or cattery is to
be located;
4.
The
number and description of the animals to be kept therein;
5.
The
name, street address, and business and home telephone numbers of the
person who owns the kennel or cattery or wild animal for which permit
application is made;
6.
The
name, street address, and business and home telephone numbers of the
applicant;
7.
A history
of the animal including any information, record, or citation which
indicates that the animal is or has been dangerous or vicious within
the meaning of this title or an affidavit affirming that the animal,
if of a type capable of transmitting rabies, has no history of having
attacked or bitten a human being; and
8.
Such
other and further information as is deemed necessary to administer
the provisions of this chapter.
(SCC 0815 § 2, 1990)
a.
The fee for the issuance of a permit shall be due and payable by the owner within 30 calendar days of the establishment of the kennel or cattery or the keeping of the wild animal within the County and thereafter on the same date each calendar year, the amount of which shall be established pursuant to Section 8.08.090 of this title.
(SCC 0815 § 2, 1990)
The Chief of Animal Control shall conduct such investigation
of the background of the owner and the applicant and the history and
physical condition of the kennel or cattery or the keeping of wild
animal, including physical inspection of the premises, as is deemed
appropriate. The Chief of Animal Control shall evaluate each application
to determine whether the operation of the kennel or cattery or the
keeping of the wild animal will involve a risk to the health, safety,
or welfare of the public or the animal to be kept. The Chief of Animal
Control shall consider as evidence of disregard for the purposes of
this chapter any revocation of prior permits or applicable General
Business Licenses, or conviction on charges directly related to animal
cruelty involving the applicant or owner. Such character evidence
may be used as cause for denying the application for a permit.
(SCC 0815 § 2, 1990)
Within 14 calendar days of receipt of an application for a permit,
the Chief of Animal Control shall make public notice of said application
by conspicuously posting such notice in the immediate vicinity of
the location for which the permit is sought. Such notice shall give
the name of the applicant, the address of the kennel or cattery or
the place of keeping of the wild animal, and direction to interested
parties that information applicable to the issuance of the permit
should be made in writing and mailed to the Chief of Animal Control
at the address of the Animal Control Center as indicated in the notice
within 14 calendar days of the making of public notice.
(SCC 0815 § 2, 1990)
The Chief of Animal Control shall issue the permit within 90
calendar days after the date of application unless either:
1.
The
Chief of Animal Control finds in writing that applicant fails to provide
information requested with the application which is essential to making
a determination;
2.
The
Chief of Animal Control finds in writing that any of the statements
made in the application or supplementary information submitted are
incorrect or untrue;
3.
The
Chief of Animal Control finds in writing an authorized basis for denial
of the permit;
4.
The
Chief of Animal Control finds in writing that the applicant does not
satisfy any requirement applicable to the permit; or
5.
The
Chief of Animal Control finds in writing that the applicant or enterprise
does not conform to existing Federal, State, or local zoning codes,
health and safety codes, business codes, or other laws, ordinances
or requirements governing operation of such a kennel or cattery enterprise
or the keeping of such wild animal.
(SCC 0815 § 2, 1990)
The Chief of Animal Control may issue a permit upon such conditions
relating to the method or manner of operation of the kennel or cattery
or the keeping of wild animal as he or she deems necessary to protect
the health and safety of the public or the animals kept.
Any condition imposed pursuant to the provisions of this section,
whether established at the time of issuance, at the time of renewal
or during the term of a permit, shall be embodied, together with the
reasons therefor, in a written notice which is served upon the applicant
or holder. The condition shall become effective 14 calendar day following
the date of service of the notice thereof; provided that in the event
an appeal therefrom is filed within the time and in the manner prescribed,
the condition shall not become effective until the appeal is finally
determined.
(SCC 0815 § 2, 1990)
The permit shall contain a complete description of the kennel
or cattery or place of keeping authorized by the permit; the business
name (if applicable), address, and telephone number of the location
so permitted; the name, address, and business and home telephone numbers
of the owner of the kennel or cattery or the keeper of the wild animal,
the number of animals to be kept pursuant to the permit, and any conditions
upon which the permit is issued. The Kennel/Cattery Permit or the
Wild Animal Permit or a copy thereof shall be made available for inspection
upon demand by any public or peace officer acting within the scope
and course of his or her employment.
(SCC 0815 § 2, 1990)
During the term of any permit issued pursuant to this chapter,
the holder of the permit shall immediately file, in writing with the
Chief of Animal Control, notice of any changes in the kennel or cattery
or the location of keeping of the animal which relate to changes in
the information given in the application for the permit. The Chief
of Animal Control shall issue an amended permit which shows any changes
in the permit.
(SCC 0815 § 2, 1990)
Approximately 45 calendar days prior to the expiration of the term of a permit, the Chief of Animal Control shall transmit to the permit holder by mail an application for renewal. The application for renewal shall be on such a form and include such information as is required by the Chief of Animal Control and as is consistent with the information required in Section 8.26.030 of this chapter.
The application for renewal shall be subject to the same provisions and shall be processed in the same manner as is specified in Sections 8.26.025, 8.26.030 and 8.26.040 of this chapter, with the exception that the Chief of Animal Control shall act upon the application for renewal not later than 30 calendar days after the date a valid application for renewal is filed.
The Chief of Animal Control shall extend the term of the immediately
preceding permit during the period of any investigation or examination
required to determine whether the permit should be renewed.
(SCC 0815 § 2, 1990)
The Chief of Animal Control shall, with the approval of the
Director, set minimum standards for the proper care and maintenance
both of a kennel or cattery or a place of keeping of wild animals
and of the animals kept therein which are, at a minimum, consistent
with applicable State and Federal standards. A copy of such Standards
shall be provided in writing to the applicant with each initial application
for or application for renewal of permit.
The Chief of Animal Control shall notify each permit holder
no less than 90 calendar days in advance of any proposed change in
the Standards and shall advise the permit holder that comments regarding
any change may be submitted to the Director for review and consideration
within 30 calendar days of notification. No change in the Standards
may be put in force without authorization of the Director given at
least 30 calendar days in advance of the proposed effective date of
the change. No such standard or change shall become effective until
filed with the Clerk of the Board of Supervisors.
(SCC 0815 § 2, 1990)
Each applicant or permit holder must demonstrate that the premises,
facilities, cages, vivariums, aquariums and equipment addressed in
the permit comply with the Standards on an ongoing basis. Upon request
of the Chief of Animal Control, and during normal business hours or
by a mutually agreed time for appointment, the applicant or permit
holder must make the premises, facilities, cages, vivariums, aquariums
and equipment available for inspection by the Chief of Animal Control.
All animals to be kept or kept pursuant to the permit shall
be subject to visual inspection on the designated premises by the
Chief of Animal Control. Failure to allow visual inspection as required
shall be deemed failure to comply with the requirements of this chapter
and shall be considered cause for denial of application or for revocation
of the permit.
(SCC 0815 § 2, 1990)
If the applicant or permit holder fails to meet the requirements
set in the Standards, the Chief of Animal Control shall so notify
the applicant or permit holder in writing within three calendar days
of discovery of the failure to comply with the Standards. The written
notice shall advise the applicant or permit holder of any existing
deficiency and the corrective measures that must be taken and completed
to bring the premises, facilities, cages, vivariums, aquariums and
equipment into compliance with the Standards.
The applicant or permit holder shall be given no more than 30
calendar days and no less than 14 calendar days to complete the corrective
measures, except that if any deficiency threatens the health or welfare
of the animals kept or of the public, such corrective measures shall
be made immediately or no later than one day after the discovery of
the deficiency.
Failure to correct the noted deficiencies as required shall
be deemed failure to comply with the Standards and shall be considered
cause for denial of application or for revocation of the permit and
may be considered cause for animal nuisance abatement.
(SCC 0815 § 2, 1990)
The Chief of Animal Control may deny an initial application for or application for renewal of a permit or may revoke a permit during its term if written findings described by Section 8.26.050 or Section 8.26.085 of this title are made.
(SCC 0815 § 2, 1990)
A denial of an initial application for or application for renewal of a permit or revocation of an existing permit made by the Chief of Animal Control shall be in writing, with the reasons for denial or revocation stated. Written notice of the denial or revocation, together with a copy of the provisions of this chapter and the Standards and any other provisions of Title 8 which are applicable to the permit, shall be served either in person or by mail to the applicant or permit holder.
Denial of an initial application for or application for renewal
of a permit or revocation of an existing permit shall prohibit operation
of the kennel or cattery or keeping of the wild animal at any location
within the unincorporated area of the County which is governed by
this title.
With respect to denial of an application for renewal of a permit or revocation of an existing permit, the immediately preceding permit shall be deemed to be in full force and effect for a period of 14 calendar days following the date of service upon the applicant or permit holder of the notice of denial or revocation. In the event the applicant files an appeal from the denial or revocation in the manner and within the time prescribed by Section 8.26.110, the immediately preceding permit shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority.
(SCC 0815 § 2, 1990)
The holder of a permit or applicant therefor may file an appeal
from the following:
1.
The denial of an initial application for or application for renewal of a permit pursuant to the provisions of Section 8.26.105 of this chapter;
2.
The imposition of conditions at the time of issuance of an initial or renewed permit, pursuant to the provisions of Section 8.26.055 of this chapter; or
3.
The revocation of an existing permit pursuant to the provisions of Section 8.26.105 of this chapter.
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Any such appeal shall be in writing in the form of an affidavit, shall state the specific reasons therefor and grounds asserted for relief, shall be signed under penalty of perjury, and shall be filed with the Chief of Animal Control no later than 14 calendar days after the date of service of the notices prescribed by Sections 8.26.055 and 8.26.105 of this chapter, as may be applicable. If an appeal is not filed within the time or in the manner prescribed above, the right to review the denial, conditions, or revocation shall be deemed to have been waived.
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Upon receipt of the appeal a hearing shall be set in accordance with the provisions of Chapter 8.36 of this title.
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(SCC 0815 § 2, 1990)
The revocation of a permit shall terminate the right of the
holder of the permit to engage in the enterprise or activity authorized
by the permit for a period specified in the order of the Hearing Officer.
In the event of revocation of a permit, no other person shall
be entitled to any rights or interests under the revoked permit, nor
shall any such person be entitled to issuance of a permit for the
enterprise except upon written application filed with the Chief of
Animal Control in accordance with the provisions of this chapter.
(SCC 0815 § 2, 1990)
Upon revocation of the permit the permit holder shall have 14
calendar days in which to remove from the County or otherwise dispose
of the animal kept pursuant to the permit or to appeal the decision
of the Hearing Officer. Should the owner fail to take such action,
the Chief of Animal Control shall have the authority to seize the
animal in a manner provided by law and dispose of it in accordance
with the provisions of this title.
(SCC 0815 § 2, 1990)
