Chapter 6.44
ANIMAL KEEPER PERMIT
Sections:
6.44.010 Animal keeper permit required.
6.44.020 Animal keeper application.
6.44.050 Animal keeper permit fee.
6.44.060 Numerical limitation.
6.44.070 Regulations relating to keeping animals.
6.44.080 Expiration and renewal of permit.
6.44.090 Permit nontransferable.
6.44.100 Revocation of permit.
6.44.110 Appeals to the city council.
6.44.010 Animal keeper permit required.
To allow the placement of animals in temporary foster homes or to allow small hobby businesses involving animals, any person owning or having custody of animals in excess of the number permitted by BMC 6.32.030 and 6.32.040 of this title may make application to the director for an animal keeper permit issued pursuant to this chapter. (Ord. 07-72 § 4).
6.44.020 Animal keeper application.
Each application for an animal keeper’s 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 address and home telephone number of the applicant and the number and general description of all animals for which the permit is sought. The applicant shall also obtain a written statement from a licensed veterinarian, director of humane society type organizations or other nongovernmental certified animal expert to assist the director in making the findings listed in BMC 6.44.030. (Ord. 07-72 § 4).
6.44.030 Investigation.
A. Prior to the issuance of an animal keeper permit, the director, or his or her designee, shall conduct an inspection of the applicant’s premises where the permitted animals are intended to be kept and prepare a report for inclusion with the application for an original permit or a renewal. In addition and to allow neighbors to voice their concerns, the applicant shall provide the mailing labels and the city shall send notices to property owners within 300 feet of the proposed premises.
B. 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 proposed site is adequate in size and shape to accommodate the number and type of animals for which the permit is requested without harm to the animals or material detriment to the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site;
4. 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
5. The applicant has not had a similar permit revoked within one year prior to the application.
C. 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. 09-10 § 1; Ord. 07-72 § 4).
6.44.040 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).
6.44.050 Animal keeper permit fee.
The fee for an animal keeper permit shall be set by resolution of the city council and shall be paid to the city before a permit is issued. (Ord. 07-72 § 4).
6.44.060 Numerical limitation.
A. Notwithstanding any other provisions of this chapter, the director, upon application for issuance or renewal of an animal keeper permit, may limit the number of animals which are to be kept or maintained on the permitted premises.
B. At any time that there are more animals than an animal keeper permit allows, the permittee 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).
6.44.070 Regulations relating to keeping animals.
A. Every person to whom an animal keeper permit is issued 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 animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the director.
9. Adequate and effective vector control shall be established and maintained at all times.
10. Every violation of applicable regulations shall be corrected within a reasonable time to be specified by the director.
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).
6.44.080 Expiration and renewal of permit.
A. An animal keeper permit issued pursuant to the provisions of this chapter shall expire at the end of the calendar year in which the permit is issued.
B. An animal keeper permit issued pursuant to 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).
6.44.090 Permit nontransferable.
An animal keeper permit issued pursuant to the provisions of this chapter shall not be transferable. (Ord. 07-72 § 4).
6.44.100 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 an animal keeper 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 1.44 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. The director shall obtain a written statement from a licensed veterinarian, director of humane society type organizations or other nongovernmental certified animal expert regarding compliance and/or alleged violations of this chapter
H. If an animal keeper 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 animal keeper 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. 09-10 § 2; Ord. 07-72 § 4).
6.44.110 Appeals to the city council.
Any interested person may appeal a decision made by the director regarding an animal keeper permit to the city council by filing a written notice of appeal, stating the grounds thereof, in accordance with Chapter 1.44 BMC. (Ord. 09-10 § 3).