Chapter 6.40
COMMERCIAL ANIMAL ESTABLISHMENTS
Sections:
6.40.010 Mandatory permitting of commercial animal establishments.
6.40.050 Commercial animal establishment fee.
6.40.060 Numerical limitation.
6.40.070 Regulations relating to animal establishments.
6.40.080 Permit nontransferable.
6.40.090 Expiration and renewal of permit.
6.40.100 Revocation of permit.
6.40.120 Emergency information.
6.40.130 Kennel dogs exempt from individual license tag requirements – Identification tag required.
6.40.010 Mandatory permitting of commercial animal establishments.
A. No person shall conduct or operate within the city any commercial animal establishment or operate as an animal dealer without first obtaining a commercial animal establishment permit from the director issued pursuant to this chapter.
B. Any person desiring to conduct or operate within the city any commercial animal establishment or operate as an animal dealer shall first make application to the city’s community development department for a written determination that the proposed animal establishment is in compliance with the applicable provision of the then-current zoning ordinance of the city. Where an establishment is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises shall be submitted to the community development department at the time the application for a written determination is submitted.
C. Within 30 days of the issuance of a written compliance determination from the city’s community development department, any person desiring to conduct or operate within the city a commercial animal establishment shall make application to the director for a commercial animal establishment permit. (Ord. 07-72 § 4).
6.40.020 Application.
Each application for a commercial animal establishment permit shall be in writing upon a form to be furnished by the director or a designee. The application form shall contain such information as may reasonably be required by the director for the purposes of enforcement of this chapter, including but not limited to the current home telephone number of the caretaker of the subject establishment, and another current telephone number for emergency use or messages when such caretaker is absent from the subject establishment. At the time of filing of the application for a commercial animal establishment permit, the applicant shall provide a copy of the community development department’s written compliance determination. (Ord. 07-72 § 4).
6.40.030 Investigation.
A. Prior to the issuance of a commercial animal establishment permit, the director, or his or her designee, shall conduct an inspection of the intended business location and facilities and prepare a report for inclusion with the application for an original permit or a renewal. A permit shall be issued to the applicant if the director or designee finds that:
1. The keeping of animals, or the conduct of operation of the business for which the permit is requested, at the place set forth in the application will not violate any law or ordinance of the city, or any law of the state;
2. The keeping of animals, or the conduct or operation of the business for which the permit is requested, will not endanger the health, peace or safety of the community;
3. The premises and establishment where animals are to be kept satisfy the conditions set forth at BMC 6.40.070, and animals will not be subject to suffering, cruelty or abuse; and
4. The applicant has not had a similar permit revoked within one year prior to the application.
B. The director may impose such conditions in granting a permit as he or she may deem necessary to protect the public and may limit the term of such permit. (Ord. 07-72 § 4).
6.40.040 Notice of action.
The applicant shall be notified in writing of the action of the director in either granting or denying the permit and, if the application has been denied, the notice shall advise the applicant of his or her right to appeal the determination to a hearing officer pursuant to the provisions of Chapter 6.48 BMC. Service of the notice may be made by personal service or by registered mail. If service is made by mail, it shall be deemed complete upon deposit in the United States mail directed to the applicant at his or her latest address shown on the application. (Ord. 07-72 § 4).
6.40.050 Commercial animal establishment fee.
A. The fee for a commercial animal establishment permit shall be set by resolution of the city council and shall be paid to the city before a permit is issued.
B. Nonprofit corporations formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals, and which have furnished proof of such incorporation to the director, shall not be required to pay a fee for an animal establishment permit. However, all other provisions of this chapter shall be applicable to any such nonprofit corporation. Each corporation claiming to be exempt from fees pursuant to this subsection shall, before issuance of any permit, agree in writing to indemnify and hold the city and its officers, employees and agents harmless from all liability arising out of the exercise of the permit. (Ord. 07-72 § 4).
6.40.060 Numerical limitation.
A. Notwithstanding any other provisions of this chapter, the director upon application for issuance or renewal of a commercial animal establishment permit may limit the number of animals which are to be kept or maintained on the permitted premises. A numerical limitation may also be imposed by the community development director when a land use approval is required for operation of the subject establishment.
B. At any time that there are more animals than a commercial animal establishment permit allows, the operator of any commercial animal establishment shall obtain a new permit which allows the keeping of the greater number of animals. The former permit shall be canceled and a credit for the canceled permit fee shall be allowed on the new permit. (Ord. 07-72 § 4).
6.40.070 Regulations relating to animal establishments.
A. Every person who owns, conducts, manages or operates any animal establishment for which a permit is required shall comply with each of the following conditions:
1. Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals. In the case of animals kept outdoors, sufficient shade shall be provided to prevent overheating or discomfort from sun exposure. Animals kept outdoors shall also be provided with access to shelter to allow them to remain dry during inclement weather.
2. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition with sufficient light provided to permit routine observation of animals and proper cleaning of the facilities.
3. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.
4. Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals.
5. All reasonable precautions shall be taken to protect the public from the animals and animals from the public.
6. Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to the physical needs of the animals.
7. All animal rooms, cages and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein.
8. All dog runs shall be of concrete or other impervious material and provided with adequate drainage into an approved sewage disposal installation.
9. All animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the director.
10. Adequate and effective vector control shall be established and maintained at all times.
11. Every violation of applicable regulations shall be corrected within a reasonable time to be specified by the director.
12. Facilities shall be subject to unannounced inspections during regular business hours to ensure compliance with the above regulations and any permit conditions.
B. Failure of an applicant for a permit to comply with any one of the foregoing conditions shall be deemed just cause for the denial of any permit, whether original or renewal. (Ord. 07-72 § 4).
6.40.080 Permit nontransferable.
A. A commercial animal establishment permit issued pursuant to the provisions of this chapter shall not be transferable.
B. The permit shall become void if the holder thereof changes the location of his or her place of business or sells, assigns, transfers or otherwise disposes of such business or his or her interest therein for a period of 30 days or more. (Ord. 07-72 § 4).
6.40.090 Expiration and renewal of permit.
A. Any permit issued under this chapter shall expire at the end of the calendar year in which the permit is issued.
B. A commercial animal establishment permit issued under the provisions of this chapter shall be renewed within 30 days after the expiration thereof. The procedure for the renewal of a permit shall be the same as for an original permit. (Ord. 07-72 § 4).
6.40.100 Revocation of permit.
A. Upon reaching the determination that a specific violation of this chapter and/or applicable statute, rule, code, regulation or permit condition warrants suspension, modification or revocation of a commercial animal establishment permit, the director or his or her designee shall prepare and serve a written notice of action recommendation upon the subject permittee.
B. The notice of action recommendation should include all of the following information:
1. The name and business address of the subject permittee;
2. A description of the code section(s) violated and/or the actions or conditions which warrant suspension, modification or revocation of the subject permit;
3. The action proposed (i.e., suspension, modification or revocation of the subject permit or license);
4. A description of any prior action taken by the director or the department to gain compliance with regards to the subject violation(s);
5. A description of the procedures involved in taking the proposed action, including the permittee’s right to attend an administrative hearing on the proposed action; and
6. The name, title and telephone number of the director.
C. The director or his or her designee shall cause a copy of the notice of action recommendation to be provided to the subject permittee by causing a copy of the notice to be delivered to the permittee personally or by causing a copy of the notice to be delivered to the permittee via certified mail, postage prepaid, return receipt requested, and addressed to permittee at the address shown on the permit.
D. Proof of service of the notice of action recommendation shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the notice and retained by the director or his or her designee.
E. As soon as practicable after service of the notice of action recommendation, the director or his or her designee shall submit a copy of the notice of action recommendation to the city clerk who, as soon as practicable after receiving said notice, shall fix a date, time and place for the hearing to consider suspension, modification or revocation of the subject permit or license. Such date shall be not less than 10 calendar days and not more than 30 calendar days from the date the notice was submitted to the city clerk.
F. A hearing on the notice of action recommendation shall thereafter be noticed and conducted in accordance with the procedures set forth at Chapter 6.48 BMC.
G. The director or his or her designee shall prepare an administrative hearing packet for the hearing officer to review prior to the hearing. The packet shall include a copy of the notice of action recommendation and a staff report, which should include a description of the violations and any actions taken by the subject permittee subsequent to the service of the notice, a record of conversations or correspondence between the director, the department and the permittee concerning the violations and/or the notice of action recommendation.
H. If a commercial animal establishment permit is revoked for cause, the director shall not accept a new application by the same person for the same activity at the same location less than one year after such denial or revocation, unless the applicant affirmatively shows and the director finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the permit was revoked no longer exist. On revocation of a permit, no part of the fee is refundable.
I. Notwithstanding any other provision in this section, prior to the holding of the administrative hearing, the director may, for good cause, revoke, suspend or modify any commercial animal establishment permit for a period not to exceed 30 days in the event it is reasonably necessary to protect against an immediate threat to the health or safety of the public or the animals held on the subject premises. (Ord. 07-72 § 4).
6.40.110 Display of permit.
All commercial animal establishment permits issued under the provisions of this chapter shall be displayed in a conspicuous place on the permitted premises. (Ord. 07-72 § 4).
6.40.120 Emergency information.
Each commercial animal establishment shall have posted, in such a place as to be legible from the exterior of the building, the names, addresses and telephone numbers of persons to be notified in case of emergency. (Ord. 07-72 § 4).
6.40.130 Kennel dogs exempt from individual license tag requirements – Identification tag required.
A. Where a commercial animal establishment permit has been issued to a dog kennel and is in effect, the dogs contained in such dog kennel shall be exempt from the requirements of individual license tags as provided by BMC 6.12.020.
B. Any dog exempt from the requirements of an individual license tag shall wear an identification tag that shall be securely affixed to a collar, harness, or other device which shall be at all times worn by such dog. The identification tag shall identify the name, address and telephone number of the kennel operator. (Ord. 07-72 § 4).