Chapter 8.28 LICENSES FOR OTHER ANIMALS

Every person desiring a license to operate an animal facility or to keep a wild animal under Section 8.28.060 shall file an application with the Department upon a form to be provided by the Department and at such time pay the required fees and any applicable penalty, as set forth in Section 8.90.010.VII. A person who possessed or owned a wild animal, or who operated an animal facility without the required license, shall pay the penalty set forth in Section 8.90.010.VII(C)(4), in addition to the license fee. When a person applies for more than one license or animals at the same premises at the same time, the cost of the licenses shall be reduced by the amount set for in Section 8.90.010.VII(A)(1)(k). (Ord. 91-29, 8/13/91; Ord. 04-13 § 8, 10/12/04)

8.28.030 License—Form and Information Required.

Each application for any license covered by this chapter shall be upon a form to be furnished by the Department, and shall contain such information as the Director may require. (Ord. 91-29, 8/13/91)

8.28.040 License Fee Not Refundable.

No part of the license fee is refundable in any case. (Ord. 91-29, 8/13/91; Ord. 04-13 § 9, 10/12/04)

8.28.050 License Requirements—Inspection Prerequisite to Issuance and Renewal.

Upon the filing of any license or renewal application covered by this chapter, the Director shall inspect and make such investigation as he deems proper. The Director may issue a new license or renew the license if the following requirements are met:

A. The maintenance of the animal or animals at the location set forth in the application will not violate any law or ordinance of the County of Los Angeles or any law of the State of California, or constitute a menace to the health, peace or safety of the community;

B. The applicant has received approval from the Director of the Regional Planning Department that the maintenance of the animal or animals as defined in this chapter, at the location specified in the application for the license therefor, will not violate any provision of any zoning ordinance or other specific plan of land use; and

C. The applicant has not had a license, covered by this chapter, denied or revoked within the county of Los Angeles within twelve (12) months prior to the application. However, the Director may issue a license within the twelve (12) month waiting period if the applicant is able to make the showing required by Section 8.28.150. (Ord. 91-29, 8/13/91; Ord. 04-13 § 10, 10/12/04)

8.28.060 License—Required for Certain Activities—Certain Animals Exempt.

A. Any person, including a new owner of an existing organization or business, shall not conduct or operate any animal facility listed in Section 8.90.010.VII, or keep any wild animal, within the City of Santa Clarita, without first obtaining a license from the Department, except as otherwise provided in this Section 8.28.060. Any person who has not applied for a license within thirty (30) days after the expiration date of a license must obtain a new license, in place of a renewal license. A license is not required for the keeping of the following animals for personal use:

1. Canaries;

2. Chinchillas;

3. Chipmunks;

4. Finches;

5. Gopher snakes;

6. Guinea pigs;

7. Hamsters;

8. Hawks;

9. King snakes;

10. Marmoset monkeys;

11. Mynah birds;

12. Parrots, parakeets, amazons, cockatiels, cockatoos, lorries, lorikeets, love birds, macaws, and similar birds of the psittancine family;

13. Pigeons;

14. Ravens;

15. Squirrel monkeys;

16. Steppe eagles;

17. Toucans;

18. Turtles;

19. White doves;

20. Tropical fish excluding caribe;

21. Domesticated mice and rats.

B. Notwithstanding any other provision of this Division 1, the Director shall waive the license requirement for a cat kennel (as defined in Section 8.08.090) or dog kennel (as defined in Section 8.08.130) when an animal permit has been obtained pursuant to Ordinance 1494, the Zoning Ordinance (Los Angeles County Code Sections 22.52.330 and 22.56.420 through 22.56.530). (Ord. 04-13 § 12, 10/12/04)

8.28.061 Keeping and Breeding Pygmy Pigs—Licenses Required.

Any person owning or having the custody, care or control of a pygmy pig as defined in this title who keeps or maintains any such pigs, whether as a pet or for personal use, or breeds such pigs for pay or other compensation, shall first pay a fee and obtain an animal license or animal facility license from the Department, except that no such license shall be issued unless:

A. The person keeping or maintaining a pygmy pig in a residential area, as permitted in Los Angeles County Code Section 22.20.030 as a pet or for personal use, has provided proof from a licensed veterinarian that the pig has been neutered or spayed and such proof has been submitted to the Department.

B. The person owning or having custody and care of the animal has obtained any and all licenses and zoning permits required pursuant to this code or any other ordinance or statue and has submitted proof of such to the Department. (Ord. 04-13 § 13, 10/12/04)

8.28.070 Repealed.

(Ord. 91-29, 8/13/91)

8.28.080 Repealed.

(Ord. 91-29, 8/13/91)

8.28.090 License—Expiration Date.

All licenses covered by this chapter shall automatically expire twelve (12) months following the date of issue, unless sooner revoked or unless the licensee changes the location of his establishment or the animal for which the license was issued, or the licensee sells, assigns, or transfers or otherwise disposes of such establishment or animal or his interest therein. (Ord. 91-29, 8/13/91; Ord. 04-13 § 14, 10/12/04)

8.28.100 Display of License.

Every person having a license under the provisions of this chapter shall keep such license posted and exhibited, while in force, in some conspicuous part of such establishment or, in the case of a wild animal license, affixed to the cage or enclosure wherein the animal is kept. (Ord. 91-29, 8/13/91)

8.28.110 Repealed.

(Ord. 91-29, 8/13/91)

8.28.120 License—Issued Subject to Conditions When.

If the Director finds that the facts are such that any one or more of the provisions of this Division 1 relating to the denial of the license under consideration would apply if the license is issued without conditions, but that conditions can be imposed which will eliminate any such ground for denial, the Director shall direct that the license be issued, subject to such conditions. (Ord. 91-29, 8/13/91)

8.28.130 Denial or Conditional Grant—Notice to Applicant of Right to Hearing.

Before the Director denies any license, either new or renewal, or grants any license subject to conditions, except the renewal of a license containing only those conditions to which the license renewed was subject, or conditions to which the applicant has agreed, he shall notify the applicant in writing that he intends to deny the license or to grant the license subject to conditions, which conditions shall be specified in the notice, and that the applicant, if dissatisfied with the decision of the Director may, in writing request a hearing before the business license commission within five (5) days after receipt of such notice. (Ord. 91-29, 8/13/91)

8.28.140 Denial or Conditional Grant—Hearing Procedure.

If any applicant requests a hearing, the Director shall prepare and file an accusation in the manner prescribed in Section 7.10.210 of Code of the County of Los Angeles, which for purposes of implementation of this ordinance only is hereby adopted and incorporated herein by reference, on business licenses. The parties will then be notified and a hearing held by the business license commission in the manner prescribed in Sections 7.04.280 and 7.10.200 through 7.10.390 of Code of the County of Los Angeles. At such hearing, all parties may be heard and the business license commission shall determine whether the license should be issued, issued subject to conditions, or denied. (Ord. 91-29, 8/13/91)

8.28.150 Exception to Waiting Period Following License Denial or Revocation.

If a license has been denied or revoked, the Director shall not accept a new application by the same person for a license for the same activity at the same location less than twelve (12) months after such denial or revocation unless the applicant affirmatively shows, and the Director finds, that the grounds upon which the first application was denied or the license was revoked no longer exist. (Ord. 91-29, 8/13/91; Ord. 04-13 § 16, 10/12/04)

8.28.160 Renewal Procedure.

Within thirty (30) days after the expiration of any license or prior to the expiration of the license, the licensee shall apply for a renewal of the license and, with his application, pay the required fees set forth in Section 8.90.010.VII(B). For animals at the same premises at the same time, the cost of the renewals shall be reduced by the amount set forth in Section 8.90.010.VII(B)(1)(i). An animal facility which has not applied for a renewal within the thirty (30) day grace period must obtain a new license in place of a renewal license, and pay the fees applicable to an initial license. If the applicant has not applied for a renewal within six (6) months after the expiration date, the penalty provided in Section 8.90.010(C)(4) must also be paid. (Ord. 91-29, 8/13/91; Ord. 04-13 § 17, 10/12/04)

8.28.170 Suspension or Revocation—As Condition of License Grant Procedure.

Every license granted is granted and accepted by all parties with the express understanding that the Director may prepare and file an accusation, and cause the parties to be notified, and a hearing held before the business license commission as prescribed in Section 8.28.140. If, from the evidence introduced at such hearing, the business license commission finds that any ground of revocation exists, it may revoke or suspend such license. Pending such hearing and decision, the Director may suspend such license for not more than sixty (60) days. (Ord. 91-29, 8/13/91)

8.28.175 Reinspection.

When a reinspection of the premises is necessary to determine compliance with all licensing requirements, or when a person requests a reinspection in order to improve a grade, or for any reason, he shall pay the reinspection fee set forth in Section 8.90.010.VII(C)(1); provided, that any applicable initial license fee or renewal fee has been already paid within the preceding twelve (12) months. (Ord. 04-13 § 18, 10/12/04)

8.28.180 Revocation—Grounds.

A license may be revoked on any one or more of the following grounds:

A. Any facts exist because of which a denial of the license would be authorized.

B. The licensee, or any agent or employee of the licensee, has violated or has been convicted of violating any of the provisions of the ordinance codified in this chapter or any other City ordinance, or of any regulation adopted pursuant thereto, or of any law, statute, rule order or regulation of the state now or hereafter in force regulating the occupation or other activity for which the license was issued;

C. The licensee obtained the license by fraudulent representations;

D. The licensee has conducted the occupation or other activity licensed in an immoral or disorderly manner;

E. The licensee is an unfit person to be entrusted with the privileges granted by the license. (Ord. 91-29, 8/13/91)

8.28.190 Revocation—Notice to Tax Collector.

The Director shall give notice of such revocation to the tax collector. (Ord. 91-29, 8/13/91)

8.28.200 Revocation—Forfeiture of Fee.

On revocation of the license, no part of the money in the hands of the tax collector shall be returned, but the said license fee shall be forfeited to the County. (Ord. 91-29, 8/13/91)

8.28.210 Imposition of Additional Conditions Authorized When.

A. If, at any time, it appears to the Director that there are grounds for the revocation of a license, but that such grounds could be eliminated by the imposition of conditions, or of additional conditions, or by the amendment of any existing condition to such license, he may notify the licensee in writing that he intends to impose or amend such conditions and the licensee may, within five (5) days after receipt of such notice, request in writing a hearing before the Business License Commission.

B. If, from the evidence at a revocation hearing or at a hearing held pursuant to this section, it appears to the Business License Commission that there are grounds for revocation which can be eliminated by the imposition of, or amendment of, conditions, the Business License Commission may impose or amend such conditions. (Ord. 91-29, 8/13/91)

8.28.220 Change of Conditions at Licensee’s Request.

If a licensee applies in writing to the Director or a change in the conditions to which his license is subject, the Director may grant such application in whole or in part, or may deny such application, based upon facts found by him. (Ord. 91-29, 8/13/91)

8.28.230 License Preparation, Numbering Record Keeping and Other Procedures.

Each license issued pursuant to the provisions of this chapter shall be prepared, numbered, signed, delivered, and accounted for in the manner provided by law for other licenses. (Ord. 91-29, 8/13/91)

8.28.240 License—Information to be Shown.

In addition to any other matter required by law, each license shall state the name and residence address of the person to whom such license is issued, the amount paid therefor and the character thereof, the date when issued, the date on which such license shall expire, and shall specify the address at which the license permits the maintenance of the animal or animals. (Ord. 91-29, 8/13/91)

8.28.250 Renewal Procedure—Report from Regional Planning Commission Required When.

If the tax collector has not received any protest against its renewal, he may issue a renewal of an existing license covered by this chapter at the same location, without any report from the Director of the Regional Planning Commission. Otherwise, the tax collector shall not issue any license until he obtains from the Director of the Regional Planning Commission a statement signed by such Director that the maintenance of the animal or animals, at the location specified in the application for the license therefore, will not violate any provision of any zoning ordinance or official plan of a master plan of land use. (Ord. 91-29, 8/13/91)

8.28.260 Report of Zoning Land Use Regulation Violations Required When—Contents.

If the Director of the Regional Planning Commission finds that the holder of any license covered by ordinance or official plan of land use, or has done, is doing or threatens to do any act, because of the doing of which no license should be issued or renewed, or any other circumstance because of which such license should not be renewed, he shall report such fact in writing to the tax collector. In such report he shall give the number of the license, the name and address of the licensee, the location of the animal or animals, the reasons why such license should not be renewed, and such other facts as the tax collector may require. (Ord. 91-29, 8/13/91)

8.28.270 Animal Facility Grading—Bases for Grading.

A. The purpose of the animal facility grade card is to provide notice to the public of the grade earned by an animal facility at the time of the most recent inspection of the facility. The grading standards are set forth in the animal facility inspection report, which is available upon request from any County shelter.

B. The letter grade reflected in the animal facility inspection report is based on the facility’s level of compliance with applicable state statutes and local ordinances and policies relating to the care of animals. The grade shall be issued on the animal facility’s final score as follows:

1. Grade of A: Final score of ninety (90) percent and above;

2. Grade of B: Final score of eighty (80) percent to eighty-nine (89) percent;

3. Grade of C: Final score of seventy (70) percent to seventy-nine (79) percent;

A final score of seventy (70) percent is the minimum grade required to maintain a license in good standing. A score of less than seventy (70) percent will result in recommendations by the Department regarding licensing or legal action to be taken as set forth in Section 8.28.290. (Ord. 04-13 § 19, 10/12/04)

8.28.280 Display of Grading Card—Violation.

A. Upon issuance by the Director, the facility shall post the animal facility grade card at every animal facility, so as to be clearly visible to the general public and to patrons entering the facility. For purpose of this section, “clearly visible to the general public and to patrons” shall mean:

1. Posted in the front window of the facility within five (5) feet of the front door;

2. Posted in a display case mounted on the outside front wall of the facility within five (5) feet of the front door; or

3. Posted in a location as directed and determined in the discretion of the Director to ensure proper notice to the general public and to patrons.

B. In the event that an animal facility is operated in the same building or space as a separately licensed or permitted business, or in the event that an animal facility shares a common patron entrance with such a separately owned or permitted business, or in the event of both, the facility shall post the animal facility grade card(s) in the initial patron contact area, or in a location as determined in the discretion of the Director.

C. The animal facility grade card shall not be defaced, marred, camouflaged, hidden or removed. Except as provided in subsection D of this section, it shall be unlawful to operate an animal facility unless the animal facility grade card is displayed as required by this Section 8.28.280. A violation of this subsection (C) is a misdemeanor, and is punishable as a misdemeanor under Penal Code Section 19.

D. The Director may waive posting of the animal facility grade card when the animal facility consists of animals maintained solely as personal pets which are not used to breed, show, sell, adopt or to transfer ownership or custody of the animals by any other method. Ord. 04-13 § 20, 10/12/04)

8.28.290 Consequences of Failure to Achieve Minimum Grade.

The Department shall make recommendations as to licensing or legal action to be taken when an animal facility does not earn a final score of at least seventy (70) percent.

A. Licensing Consequences. Licensing consequences of an animal facility’s failure to attain a final score of at least seventy (70) percent include the imposition of conditions, denial, revocation or nonrenewal of the license.

B. Other Consequences. Other consequences include referrals to local prosecuting authorities for criminal prosecution under local ordinances or state statutes. (Ord. 04-13 § 21, 10/12/04)