A. 
No person shall operate a Commercial, Noncommercial, Boarding, or Rescue Kennel without first obtaining the proper permit or registration in accordance with the provisions of this Chapter and paying such fees as established by Animal Services. These permits shall expire June 30 of every calendar year.
B. 
All Kennels must also operate in accordance with applicable zoning laws. Commercial, Rescue, and Boarding Kennels require a special use permit. Any Kennel not operating within the proper zone and/or with a special use permit will be subject to the penalties of Code Enforcement.
C. 
Any Commercial Kennel or person engaging in the breeding of Animals shall be required to obtain and maintain a Breeding Permit from Animal Services for each female Animal being bred.
D. 
Any Kennel must comply with the Kennel Minimum Standards for that Kennel type, available from Animal Services.
(Added by Ord. No. 3557, effective 5-30-19)
A. 
Permits Granted Before Effective Date. Any Kennel or Breeding Permits granted before the passage of this Article remain valid until their expiration date.
B. 
Application of certain Provisions to Existing Operations. For Kennels operating with a valid Kennel Permit at the time this Article is passed, the following extensions apply:
1. 
Maximum number of Dogs. The Maximum number of Dogs housed at the Kennel must be brought into compliance with this Article no later than June 30, 2020. Permit holders are eligible to renew their permits for the July 2019 – June 2020 permit cycle without having reached compliance. If a Kennel exceeds the maximum number of dogs at the time this Article is passed, the Kennel may apply for and receive special dispensation from Animal Services to continue to operate after the 2020 compliance date with the following conditions:
a. 
No new Adult Dogs may be added to the Kennel's resident population until the Kennel is in compliance with the relevant Section of this Ordinance related to Maximum Number of Dogs for the permitted Kennel type;
b. 
All Dogs above ten (10) years of age must be spayed or neutered unless a Veterinarian certifies that such would be dangerous to the animal's health;
c. 
The Kennel and its operators comply with all other sections of this Article and the currently applicable Minimum Kennel Standards.
2. 
The Commercial Kennel Minimum Standards which are in place at the time a Permit was granted will apply for that Permit cycle (July – June), with the exception of any Minimum Confinement Space requirements which will remain in effect until June 30, 2020.
C. 
Applications in Progress before Effective Date. Applications for Kennel or Breeding Permits that are pending approval at the effective date of this Ordinance will be reviewed wholly under the terms of this Ordinance.
D. 
Any reapplication for an expired approval must meet the standards of this Ordinance in effect at the time of reapplication, with the exception(s) noted in Sections 4-07-4002(B).
(Added by Ord. No. 3557, effective 5-30-19)
A. 
The maximum number of Adult Dogs allowed on any Lot or Premises for any length of time without a kennel permit is four (4).
B. 
The maximum number of adult dogs allowed under a Commercial or noncommercial Kennel Permit shall be based on a combination of the number of animals allowed by the Special Use Permit issued by the County's Resource Management Agency and the minimum kennel standards requirements pertaining to the minimum care of animals, but in no case shall be more than twenty-five (25).
C. 
The maximum number of adult dogs allowed under a Boarding or Rescue Kennel Permit shall be based on a combination of the number of animals allowed by the Special Use Permit issued by the County's Resource Management Agency and the Tulare County minimum kennel standards requirements pertaining to the minimum care of animals.
D. 
The Kennel Permit fee for Commercial and Noncommercial Kennels includes licenses for all Altered Dogs covered by the Kennel Permit.
E. 
Every Unaltered Dog covered by the Kennel Permit requires an individual Unaltered License.
F. 
Boarding Kennels must ensure that all dogs placed in their care are appropriately licensed and vaccinated.
(Added by Ord. No. 3557, effective 5-30-19)
A. 
Supporting Documents.
1. 
New permit applicants shall submit all required permits, a copy of their business permit, if required, and all applicable fees together with their completed application. Supporting documents must be issued under the same person or business name for which the permit is being sought.
2. 
Kennels are identified by landowner, kennel owner/operator, parcel number, and address.
3. 
New permit applicants shall also include a written document detailing the facility's animal care program and confinement facilities. The document should detail the animal feeding, watering, cleaning, exercise, medication and evaluation practices and/or procedures. It must also include a statement that it has been reviewed and approved by a licensed Veterinarian.
4. 
Renewal applicants shall include all applicable fees. Land use permits and business permits only need to be submitted if there has been a change in their status since the last permit was issued.
B. 
Payment of the application fee neither constitutes nor guarantees Animal Services' permit approval. Without permit approval, all activities requiring Animal Services' permit approval under this section are strictly prohibited. All fees are nonrefundable.
C. 
The effective period of all permits is one year, beginning on July 1st and ending June 30th, subject to suspension or revocation in accordance with the terms of this Article.
1. 
Fees will not be prorated for applications submitted after July 1st.
2. 
Obtaining and maintaining a permit is the sole responsibility of the applicant or permit holder. It is the responsibility of the permit holder to ensure that an application for renewal has been submitted to and received by Animal Services prior to the expiration of their current permit term.
3. 
In addition to any penalties incurred for operating a Kennel without a valid Permit, a late penalty equal to ten percent (10%) of the total fee for the Kennel Operation (the sum of the Kennel Permit fee, any Unaltered License fee(s), and any Breeder Permit fees) shall apply to all renewal applications submitted after August 31st.
D. 
Permit holders operating multiple Kennels must obtain a separate permit for each facility.
E. 
Permit holders with multiple types of operations at a single location must obtain a separate permit for each operation. A separate fee will be applied to each application.
F. 
Denial of an Application. The following persons may have their application denied:
1. 
Any person applying for an original permit who has not received approval for the location from the appropriate planning/zoning department or agency or who has not obtained any necessary permit(s) and/or license(s) for its operation; or
2. 
Any person whose permit has been suspended, for the period during which the order of suspension is in effect; or
3. 
Any person who has been or is an Officer, agent or employee of a permitted establishment whose permit has been suspended or revoked and who was responsible for or participated in the violation upon which the order of suspension or revocation was based, for the period during which the order of suspension is in effect and for a period of one year from the effective date of a revocation, or if a revocation has been stayed, until one year from the expiration of a stay; or
4. 
Any person whose permit has been revoked, or any partnership, firm, corporation, or legal entity in which any such person has substantial financial interest for a period of one year from the effective date of such revocation, or if a revocation has been stayed, until one year from the expiration of the stay; or
5. 
Any person who fails to comply with any provision of this Title; or
6. 
Any person who has been convicted of the crime of cruelty to Animals, whether in this State or any other State; or
7. 
Any person with a prior record of Animal abuse and/or defiance of existing Animal control codes; or
8. 
Any person who has failed to comply with the terms of a prior application or permit.
G. 
Revocation of Permit. A Kennel or Breeder Permit may be immediately revoked, or suspended pending investigation, by the Director, at any time, for the following reasons:
1. 
Lapse of appropriate permits or licenses from the appropriate planning/zoning department for the site of the Kennel operation;
2. 
Discovery of fraud or false statements in the Permit Application;
3. 
Violation of any Penal Code section 597 by Permit Holder or Caretaker;
4. 
Conviction of Permit Holder of the crime of cruelty to Animals, whether in this State or any other State;
5. 
When the continued operation of the Kennel poses an immediate threat to the health and/or safety of the public or the resident animals;
6. 
A pattern of unnecessary or inhumane euthanasia of retired breeding Dogs or other Dogs for space;
7. 
Failure to comply with the terms of the application or permit.
H. 
Right to Appeal Denial, Suspension, or Revocation of Kennel Permit. Should a Kennel Owner dispute the denial by Animal Services of his or her application for a Kennel Permit, or suspension or revocation by Animal Services of his or her existing Kennel Permit, the Kennel Owner may request an Administrative Review. Animal Services shall schedule the Administrative Review and provide notice to the Kennel Owner, via first class mail or personal service, of the date, time and place of the Administrative Review. Failure to appear at the Administrative Review at the designated time and place will be deemed a forfeiture of the appeal and any fees.
I. 
Administrative Appeal. If the Kennel Owner disagrees with the Administrative Review Officer's decision, the Kennel Owner may file an administrative appeal to the Administrative Review Appeals Officer as set forth in this section.
1. 
Notice of Administrative Appeal. Within five (5) business days following the mailing date of the Administrative Review Officer's decision, the Kennel Owner may contest that decision by submitting a written administrative appeal to the Administrative Review Appeals Officer. The failure to submit the written appeal within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon Animal Services by the contestant.
2. 
Conduct of Administrative Appeal. At the hearing on appeal, the Administrative Review Appeals Officer shall review the written decision of the Administrative Review Officer, any documents pertaining to the matter, offered summaries of the evidence, such transcript of testimony as may be furnished, and will hear such testimony as is relevant to the issues raised in the Notice of Administrative Appeal. The Administrative Review Appeals Officer will limit new testimony only to that which is raised in the Notice of Appeal. The Administrative Review Appeals Officer will not be subject to the rules of evidence.
J. 
Appeal to County Hearing Officer. If the Kennel Owner disagrees with the Administrative Review Appeals Officer's decision, the Kennel Owner may appeal to the County Hearing Officer as set forth in this section.
1. 
Notice of Appeal. Within five (5) business days following the mailing date of the Administrative Review Appeals Officer's decision, the Kennel Owner may contest that decision by submitting a written appeal to the County Hearing Officer. The failure to submit the written appeal within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon Animal Services by the contestant.
2. 
Conduct of Hearing. The County Hearing Officer shall hear the appeal in accordance with the provisions of Chapter 31 of Part I of this Code.
K. 
Judicial Review. Judicial review of a decision by the County Hearing Officer pursuant to this section shall be made pursuant to section 1094.6 of the California Code of Civil Procedure where and to the extent said section may be applicable.
(Added by Ord. No. 3557, effective 5-30-19; amended by Ord. No. 3559, effective 6-20-19)
A. 
Acknowledgment of Standards. A copy of the applicable standards will be supplied to the applicant with each request for an application for a permit, and the applicant shall acknowledge receipt of such standards and agree to comply with them and to allow inspections at reasonable times by signing the application form.
B. 
Demonstration of Compliance with Standards. Each applicant or kennel operator must demonstrate that his or her Premises and any facilities or equipment used in his or her kennel comply with the standards. In addition, each applicant or kennel operator shall correct any deficiencies noted within a reasonable time as specified by designee. Upon request by Animal Services, the applicant or kennel operator must make his or her Premises, facilities, and equipment available for the purpose of ascertaining compliance with said standards.
C. 
Conditions and Restrictions. Animal Services may issue a permit under any conditions and restrictions which are deemed necessary for the protection of Animal and/or public health, safety, or welfare, and shall specify such conditions and restrictions on the permit.
(Added by Ord. No. 3557, effective 5-30-19)
Kennel operators shall keep available for inspection on the Premises records that shall show the name, current address and telephone number of the Owner of each Animal kept at the kennel, the description of the Animal, including its age (if known) or approximate age, breed, sex, color, and microchip number. As a part of such record, a current valid rabies certificate or other written proof of vaccination shall be maintained for each Dog required to be vaccinated by this Title, showing the Dog Owner's name, including breed, color, sex, microchip number, and month and year of birth; the date of vaccination; and the name and telephone number of the Veterinarian who vaccinated the Dog or telephone number of the agency verifying vaccination. In addition, each kennel operator shall have someone in attendance at the kennel able to identify each Animal in the kennel, except that Animals under four months of age may be identified as a litter.
Kennel operators must keep and make available to Animal Services staff a record of all veterinary care each Animal has received, including examination notes.
Kennel operators engaged in breeding must keep an individual record for each Dam owned or housed by the Kennel, including its month and year of birth (if known) or approximate month and year of birth; breed; color; microchip number; any breeding permits received for that Dam; records of when the Dam was bred, and the outcome (live birth or otherwise); and for any Dams that have left the Kennel facility, information on their transfer or death, as required by the Tulare County Commercial Kennel Minimum Standards.
(Added by Ord. No. 3557, effective 5-30-19)
All kennel operators shall maintain records of all Dogs sold of any age. Records shall include the source of the Animal, the new Owner's name and address, and a description of the Animal including breed, color, sex, month and year of birth, and veterinary records. These records may be accessed by an Animal Services representative as deemed necessary.
(Added by Ord. No. 3557, effective 5-30-19)
Animal Services shall have the right to inspect kennels at reasonable times, though this may be done at unannounced times. As a condition of the issuance of a kennel permit, each Kennel operator shall agree to allow such inspections; such acknowledgment shall be made as part of the application and file.
(Added by Ord. No. 3557, effective 5-30-19)
A. 
It is unlawful for any person to breed Dogs for sale or other transfer, or to advertise for the sale or other transfer of such Animals, without first obtaining a Tulare County breeder permit for the litter's Dam. The fees for a breeder permit shall be set by the Board of Supervisors and shall be paid to Animal Services.
B. 
To obtain a permit, the applicant must fill out the appropriate application for each breeding female and be approved by Animal Services. The applicant must agree that they may not sell or adopt any Dogs until eight weeks of age and each has been vaccinated against common diseases; that each female dog will be bred based on the advice of their California licensed veterinarian ensuring that she is managed with excellent husbandry and has good reproductive health. A record of this advice and an annual veterinary examination supporting it shall be provided annually; that they commit to care for their retired/aged-out breeding Dogs or to make all reasonable effort to rehome the Dogs; and that any euthanasia of Dogs will be performed by a licensed Veterinarian.
The breeder must list the permit number when advertising Dogs for sale or other transfer, must list the permit number as part of the sale or other transfer paperwork, and must disclose the permit number to all parties acquiring animals.
C. 
A Commercial Kennel may obtain no more than five (5) breeding permits per calendar year. Permits are nontransferable and in the event that a Dog covered by a breeding permit dies or otherwise becomes unbreedable for that year, no replacement permits will be issued.
D. 
No breeding permits will be issued for Noncommercial Kennels.
E. 
An individual without a Kennel Permit may obtain no more than one (1) breeding permit per calendar year. Permits are nontransferable and in the event that the Dog covered by a breeding permit dies or otherwise becomes unbreedable for that year, no replacement permit will be issued.
F. 
A breeder permit shall be in addition to any other requirements and conditions set forth in the County ordinances or by state law, including Health and Safety Code Section 122045 et seq.
(Added by Ord. No. 3557, effective 5-30-19)
It is unlawful for any person to advertise for the sale or other transfer of any Dogs without including in the advertisement a valid Tulare County breeder permit number.
(Added by Ord. No. 3557, effective 5-30-19)
A. 
Individual without Kennel Permit; Violation of Breeding Permit Requirements.
1. 
First Violation: A correctable Administrative Citation will be issued.
a. 
Any individual, non-Kennel Permit holder, found by Animal Services to be in first-time violation of Section 4-07-4300 may correct the violation by either of the following:
i. 
Retroactively obtaining a breeding permit(s); or
ii. 
Providing proof of surrendering the puppies, after 8 weeks of age, to an Animal Rescue Organization, and proof of spaying the mother after 10 weeks, but before 14 weeks, after giving birth, and neutering the father if in the owner's possession.
2. 
Second Violation: A noncorrectable Administrative Citation will be issued. The penalty for a second violation will be one thousand dollars ($1,000), unless the dog owner provides proof of surrendering the puppies, after 8 weeks of age, to an Animal Rescue Organization, and proof of spaying the mother after 10 weeks, but before 14 weeks, after giving birth, and neutering the father if in the owner's possession, in which case the fine will be fifty dollars ($50).
3. 
Third Violation: Animal owner will be required to have their female dog spayed to protect the animal from further breeding activities. The animal owner will not be allowed to obtain any further Unaltered Dog License or Breeding Permit for a minimum of 36 months from the date of the third violation.
B. 
Kennel Operators.
1. 
The following penalties will be imposed for violation of a Kennel Permit, including but not limited to minimum care standards, breeding permit requirement and number of animals:
a. 
First Violation: A penalty not to exceed one hundred dollars ($100.00) per animal covered under the current permit. Example - 25 animals x $100 = $2,500 penalty for first violation.
b. 
Second Violation: A penalty not to exceed three hundred dollars ($300.00) per animal covered under the current permit. Example - 25 animals x $300 = $7,500 penalty for second violation.
c. 
Third Violation: Kennel permit will be revoked. Permit holder will be banned from holding a kennel permit for a minimum period of 36 months from the expiration date of current permit. Example - if third violation occurs in December of current permit period the 36 months would commence on the date the permit was scheduled to expire. Revocation of a Kennel Permit will entitle the permit holder to request Administrative Review.
(Added by Ord. No. 3557, effective 5-30-19; amended by Ord. No. 3559, effective 6-20-19)