Chapter 5.20
PET SHOPS AND KENNELS
Sections:
5.20.020 Permit – Required – Fee.
5.20.040 Permit – Suspension or revocation.
5.20.060 Penalty for violation.
5.20.010 Definitions.
A. Health Officer. Any reference in this chapter to the “health officer” shall mean the health officer of the county.
B. Kennel. “Kennel” means any lot, building, structure, enclosure or premises whereupon or wherein are kept five or more dogs, cats or similar small animals in any combination for more than five days, whether such keeping is for pleasure, profit, breeding, or exhibiting and including places where dogs or cats or similar small animals in any combination are boarded, kept for sale or for hire.
C. Pet Shop. “Pet shop” means any person, firm or corporation operating an establishment where live animals and/or birds are kept for sale as domestic pets. (Ord. 274 § 1, 1965)
5.20.020 Permit – Required – Fee.
It is unlawful for any person, firm, corporation or association to erect, establish or maintain any kennel or pet shop as defined in this chapter without first obtaining a permit from the health officer. The granting of such permit shall be in the discretion of the health officer, based on such regulations as he or she shall adopt, which regulations shall take into consideration the type of construction to be employed as it relates to sanitation and the manner in which animals, birds, or fowl are to be housed; as well as the character of the person, firm, corporation or association making application, and such zoning regulations as may now be in effect or adopted from time to time. Upon approval of the health officer, the license collector, upon the payment of the annual license fee of twenty dollars for the privilege of maintaining such kennel or pet shop, shall issue to the applicant a license in such form as he or she may prescribe and deliver a copy thereof to the poundmaster. Such annual license shall be for the calendar year or any part thereof during which said kennel shall be maintained, and shall be due and payable in advance on or before the first day of January, and become delinquent on the fifteenth day of February of each year, and shall expire on the thirty-first day of December of the current year, provided the abovementioned permit has not been revoked. (Ord. 274 § 2, 1965)
5.20.030 Exemption.
The provisions of this chapter requiring the payment of an annual license fee shall not apply to an animal shelter maintained and operated by a society for the prevention of cruelty to animals duly incorporated under Title 1, Division 2, Part 4, of the Corporation Code of the state. (Ord. 274 § 3, 1965)
5.20.040 Permit – Suspension or revocation.
Any permit issued under this chapter may be revoked or suspended if, after due investigation, the health officer finds:
A. That the permittee, his or her agent, or employee, has been convicted of any offense involving the violation of Section 597 of the Penal Code of the state, or any provisions of this chapter; or
B. That the permittee, his or her agent, or employee, has, at the place for which the permit was issued, failed to provide any animal, fowl or reptile in his or her possession, care or control with proper and sufficient food, drink, shelter or protection, or subjected any animal, fowl or reptile to needless suffering, unnecessary cruelty or abuse; or
C. That the permittee, his or her agent, or employee, has failed to maintain the premises in a clean and sanitary condition; or
D. That the permittee, his or her agent, or employee, has violated any rule or regulation of the health officer.
The health officer may order an immediate suspension of any permit granted under this chapter for a period of ten days; said order shall set forth the reason or reasons for such suspension. The health officer shall not revoke a permit granted under this chapter unless written notice of a hearing on said revocation is served upon the owner, occupant, or other person in charge of the permittee’s business, at least five days before the hearing by said health officer on the revocation of said permit. When, after diligent search, such owner, or occupant, or person in control, cannot be found, a copy of such notice shall be mailed to the permittee at said place of business at least five days before the hearing on the revocation of said permit. No person shall operate said business in the city during any time in which the permit for said business has been suspended or revoked. (Ord. 274 § 4, 1965)
5.20.050 Appeal.
The owner or operator of any kennel or pet shop who is aggrieved by any action of the health officer may take an appeal to the city council. Notice of such appeal shall be in writing and filed with the health officer and the city council on or before ten days after the action of the health officer appealed from, and shall state the grounds upon which said appeal is based.
Upon receipt of such notice of appeal the city council shall hear the appeal within sixty days after such notice. Written notice of the time and place of hearing on the appeal shall be given by the city clerk to the appellant and to the health officer, and upon receipt of said notice of hearing the health officer shall forward to the city council all papers and records relating to said appeal and relating to all proceedings had by the health officer in connection with appellant’s case.
Upon the hearing of the appeal the city council may take such action or make such action or make such order as the city council may deem just and proper in the disposition of said appeal. (Ord. 274 § 5, 1965)
5.20.060 Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided by this chapter. (Ord. 274 § 6, 1965)