CHAPTER 1
ANIMALS GENERALLY
ARTICLE 7. LICENSING AND PERMITS1
SECTION:
§4163: Denial, Cancellation Or Revocation Of A License Or Permit
§4160 DOG LICENSES
A. General Requirements:
1. Owners of dogs four (4) months or older shall at all times have a valid City dog license for each dog ln their possession and must license their dogs within ten (10) days of the dog coming into their possession or within ten (10) days after the dog reaches four (4) months of age. Licenses are valid for a period of one year beginning on the first day of the month in which they are first issued and ending the first day of that same month in each following year. If a license is sought more than ten (10) days after the dog turns four (4) months of age or first comes into the owner’s possession the license shall be effective for a period of one year on the first day of the month in which a license was first required.
Evidence of spaying or neutering when required shall be furnished by the owner and shall consist of certification from a licensed veterinarian. Any owner of the same dog so licensed may transfer a valid license and registration to another person upon payment of the transfer fee.
2. No license or tag of any type shall be issued pursuant to this Chapter for any dog until a valid certificate of rabies vaccination is presented to City Finance Department for each dog to be licensed.
3. A current valid dog license tag bearing the month and year in which it was issued shall be securely affixed to the dog’s collar, harness or device and shall be worn at all times by said dog for whom the license registration is issued.
4. A reduced license fee shall be charged for all dogs that are spayed or neutered according to a fee schedule set by resolution of the City Council.
5. Any disabled person using a dog as a recognized guide dog shall be issued a license without charge upon proof of a valid rabies vaccination.
6. A dog owned and used exclusively for law enforcement purposes by a public agency requires a valid rabies vaccination and a dog license. The license requested shall be issued without charge upon documentary proof that such dog is certified for law enforcement activities only.
B. License Forms and Tags: The City Finance Department or Division of Animal Control shall provide forms for the licenses required herein. Such licenses when completed, shall state the age, sex, color, and breed of the dog for which a license is requested and the name and address of the owner thereof. The City Finance Department or a Division of Animal Control shall maintain on file in its office for public inspection copies of all licenses issued pursuant to this Chapter. Upon completion of the license form by the applicant, payment of the fees required, and presentation of a valid certificate of rabies vaccination as required herein, the City Finance Department or a Division of Animal Control shall issue the necessary license tags which shall be of a durable material and bear the name "City of Ukiah", the month and year of issuance, and the number of the license tag.
C. Notice to Public: The City shall annually between May 15 and June 15 of each year, cause to be published at least once in a newspaper of general circulation, a notice addressed to all persons who own or harbor dogs. Said notice shall state the amount of the license fee, the date payable, and the penalty for failure to pay within the time prescribed by this Chapter. Thirty (30) days before the expiration date the City Finance Department or Division of Animal Control shall send a renewal notice to each owner of a licensed dog as shown on the City’s records. Failure to publish or send such notices shall not relieve any dog owner of the obligation to comply with any provisions of this Chapter.
The Finance Department or Division of Animal Control is also authorized to require businesses which sell pet food or pet supplies to permit the posting of a notice next to such items reminding pet owners to comply with City licensing regulations, rabies vaccination requirements and City animal control laws. These notices will be supplied and posted by the City.
D. Late Procurement and Penalty: Any owner failing to obtain and pay for a nonprorated license or licenses under the provisions of this Chapter by the thirtieth day of the month in which the license was originally Issued ("the renewal date") shall, in addition to the license fee, pay a penalty for each dog. Dog owners who are cited for not having obtained the required license(s) for their dog(s) as required by this Chapter shall obtain a license and will be charged the additional delinquent penalty fee. Any license after the renewal date will be effective for one year from date on which the license originally expired.
E. Nonresidents: Provisions of §4160 A through G, shall not apply to nonresident owners of dogs who are temporarily within the City with their dogs for thirty (30) days or less, nor to dog owners whose dogs are brought into the City to participate in any dog show, field trial, or tracking activity, providing said dogs have a current valid dog license and rabies vaccination from a city or county or state of origin. The dog license must be attached pursuant to §4160 A.
F. Imported Dogs: Any dog owner not falling within the exemption of §4160 E above, bringing a dog(s) into the City from out of State or out of the City after July 1, shall within ten (10) days, excluding Saturdays, Sundays, and holidays, upon presentation of a valid rabies vaccination certificate, obtain the license(s) for the ensuing fiscal year. Owners of any such aforementioned dogs brought into the City before July 1 of the existing fiscal year, shall obtain the required nonprorated license for that fiscal year. Said license shall expire on July 1, and said dog owner shall be subject to normal license renewal.
The additional penalty provided for nonpayment of license fees on or prior to June 30 in any year shall not apply to the said owner of a dog or dogs who brings such out of City dog or dogs into the City after June 30 of any year, providing such owner shall within ten (10) days (excluding holidays, Saturdays and Sundays) after bringing each dog or dogs into said City, procure a license or licenses for such dog or dogs, and it is hereby made the duty of such owners to secure said license or licenses within said ten (10) day period.
G. Lost Tags: In the event a license tag issued to a dog be lost or destroyed, the owner shall within ten (10) days thereafter procure a new duplicate license tag for a fee, and if said owner shall fail to secure a duplicate license within ten (10) days (excluding Saturdays, Sundays and holidays) from the loss of said tags, said owner or owners shall be subject to a delinquent penalty fee, as well as the duplicate tag fee as set forth by resolution by the City Council of the City.
H. Prohibitions:
1. It is further provided that any person who secures a dog license, or any type of dog kennel license, or dangerous animal permit at any time by means of fraud or misrepresentation shall be guilty of a misdemeanor.
2. Any person who owns or harbors or keeps any dog and fails, neglects or refuses to attach and keep a valid current license tag affixed to said dog in the manner prescribed by this ordinance and State law is guilty of an infraction. Such unlawful conduct may also result in the impoundment of the dog.
3. No person shall and it shall constitute an infraction to remove a dog license tag from any dog without the consent of the owner thereof, except in cases of emergency.
4. It is unlawful and an infraction for any person to place a dog license tag on any dog for which the tag was not issued or place an imitation or false dog license tag on any dog.
5. It shall constitute an infraction for any person to fail or refuse to show to the Animal Control Officer or peace officer the dog license tag or license certificate or rabies certificate for any dog upon request.
6. It is unlawful and a misdemeanor to possess, own, keep or harbor any unlicensed dog or to maintain, conduct, or cause to be operated any unlicensed kennel, grooming shop/parlor, pet shop, commercial kennel and profit or nonprofit dog adoption agency.
I. Disposition of Funds: All fees collected for the issuance of dog licenses and tags and all fines collected pursuant to this Chapter shall be paid into the City treasury and shall be used as required, in Food and Agriculture Code section 30652, as it now reads or may be hereafter amended.
J. §§4160, requiring dog licenses, 4161, requiring kennel licenses, 4162, requiring licenses for dangerous animals, and §4163, prescribing rules for denial, cancellation or revocation of licenses shall not become effective until the City Council adopts a resolution declaring those sections effective in the City. Until said resolution is adopted by the City Council and published as provided in Government Code section 6061, the provisions of Mendocino County Code, chapter 10.12, including section 10.12.010, requiring dog licenses, section 10.12.020, requiring kennel licenses, section 10.12.30, requiring licenses for dangerous animals and section 10.12.040, prescribing rules for cancellation, denial or revocation of licenses, shall continue to apply in the City.
Until said resolution is adopted and published as provided herein, persons who own or possess dogs or dangerous animals and kennel owners and operators shall continue to apply to Mendocino County for required licenses and permits as provided in Mendocino County Code, chapter 10.12. (Ord. 923, §2, adopted 1991)
§4161 KENNEL LICENSES
No person shall conduct a commercial kennel without a current commercial kennel license, in addition to a City business license, issued by the Finance Department.
No person(s) shall be issued a certified agricultural kennel license without verifying to the fact that their dogs (5 or more) are solely used for the purpose of herding or protection of farm animals, or hunting, and further agrees that these dogs are not to be sold or traded for commercial purposes. Applicants will be required to complete a signed statement attesting to the validity of the information as being true and correct.
Such kennel license must be obtained before July 1st. Persons failing to obtain the license by June 30 shall pay double the fee. Licenses shall be valid for a period of one year extending from July 1st through June 30th of the following year. The fee schedule for this type license is set by resolution of the City Council.
Exempt from the double fee penalty provisions are premises where dogs are kept, harbored or maintained for the sole purpose of raising, training, and providing guide dogs to the blind, deaf or other physically disabled persons. A nonprofit dog adoption agency will likewise be exempt from this penalty. However, a special fee-exempt commercial kennel license is provided for and required for such nonprofit adoption agencies as well as those persons raising and selling dogs for the physically disabled. All dogs shall be currently Individually licensed in accordance with the provisions of Article 7 of this Chapter.
The Finance Department shall issue to such owner without additional charge individual license tags for each of the dogs covered by the kennel license and, during the term of that license, shall upon written application, issue to such owner without charge additional license tags for any additional dogs that come into the possession of the owner within that license year.
A. Application for License: The application for above-mentioned licenses shall be in writing on a form approved by the Finance Department. The applicant shall furnish a list of the types of animals to be maintained or used for any purpose, together with the approximate number of animals of each type.
B. Regulations and Standards: The City Council may establish by resolution regulations and standards relating to:
1. The maximum number and species of animals to be kept or maintained on the premises;
2. The construction, sanitation and maintenance of the facility;
3. Any other regulations and standards in conformity with and for the purposes of carrying out the intent of this Section. Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any license provided pursuant to this Section.
The licensee shall maintain a record of the names and addresses of persons from whom animals are received and to whom the animals are sold, traded or given. This shall be available to the City upon request.
C. Inspection: The City shall have the authority to inspect any facility for which a noncommercial residential kennel or commercial kennel license is to be issued or renewed for the purpose of determining inhumane treatment of animals and/or violations of State and local health and sanitation laws.
D. Conditions Relating to Animal Facilities and Care:
1. Structural Strength: Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.
2. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.
3. All animals shall be maintained in a clean and sanitary condition.
4. All animals shall be so maintained as to eliminate excessive and nighttime noise.
5. No animals shall be without attention more than eighteen (18) consecutive hours. Whenever an animal is left unattended at a commercial animal facility, the telephone number of Animal Control or the name, address and telephone number of the person in charge of the facility shall be posted in a conspicuous place at the front of the property.
6. Every reasonable precaution shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.
7. No condition shall be maintained or permitted that is or could be injurious to the animals.
8. Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.
9. Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals.
10. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling are to be provided as may be required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation.
11. Licensees shall take any animals to a veterinarian for examination or treatment if Animal Control or other enforcement agencies finds this necessary in order to maintain the health of the animal and orders the owner or custodian to do so.
12. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals.
13. Every violation of an applicable regulation shall be corrected when specified by Animal Control or other enforcement agencies.
14. Licensees shall provide proper shelter and protection from the weather at all times.
15. Licensees shall not give any animal any alcoholic beverage, unless prescribed by a veterinarian.
16. Licensees shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together or so near each other as to cause injury, or torment.
If two (2) or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall not be deemed to be natural enemies.
17. Licensees shall not allow the use of any equipment, device, substance or material that is injurious or causes pain or cruelty to any animal.
18. Licensees shall give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions.
19. Licensees shall not work, use, or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame, or otherwise unfit.
20. Licensees shall not display animals bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition.
21. Licensees shall not display any animal whose appearance is or may be offensive or contrary to public decency.
22. Licensees shall not allow any animal to constitute or cause a hazard or be a menace to the health, peace or safety of the community.
E. Nothing contained in this Section shall be construed to permit a commercial or noncommercial kennel where such use is not allowed by applicable zoning laws. (Ord. 923, §2, adopted 1991)
§4162 DANGEROUS ANIMALS
A. Permit Required: No person shall keep, have, maintain, sell, trade or let for hire a dangerous animal without first obtaining a permit from Animal Control. The application for a permit, permit conditions, inspection, denial, revocation and appeal shall be the same as set forth in §§4161 to 4163 inclusive of this Article.
A permit shall be required of any private zoo, private university, private college, or private research agency, or other bona fide private scientific or public health research institution. For the purposes of this Section, a zoo shall be considered any private organization which exhibits animals to the general public at regular specified hours, equaling at least thirty (30) hours a week for thirty six (36) weeks a year, and whose animals, whether maintained for exhibit purposes or not, are not for sale to private individuals.
B. Permit Denial: Animal Control may deny or revoke a permit to keep or maintain any dangerous animal when, in their opinion:
1. Any such animal may not be kept or maintained without endangering the safety of any person(s) or property;
2. The keeping of the animal would constitute a public nuisance; or
3. The animal would be subject to suffering, neglect, cruelty or abuse.
Animal Control, in its discretion, may require any such animal to be properly caged, tethered or restrained in zoo type facilities that meet or exceed standards established in State guidelines issued under the provisions of section 671 of title 14 of the California Administrative Code and Federal standards issued under chapter 1 of title 9 of the Code of Federal Regulations. Nothing in this Section shall be construed to permit the keeping of dangerous animals where zoning provisions or State law would prohibit such keeping.
C. Permit Fee: The fee for a permit to keep or maintain one or more dangerous animals shall be set forth by resolution of the City Council. (Ord. 923, §2, adopted 1991)
§4163 DENIAL, CANCELLATION OR REVOCATION OF A LICENSE OR PERMIT
A. General Provisions: The Health Department or the Division of Animal Control may deny, revoke or cancel any permit or license issued pursuant to this chapter in the following situations:
1. Whenever it is determined by inspection that any animal facility fails to meet any of the sanitary or health conditions or standards or any other requirements of any permit, license, this chapter or applicable State law.
2. Whenever there is reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for the permit or license.
3. If the applicant or permit holder has been convicted by a court of law of two (2) or more violations in a twelve (12) month period of this chapter or State laws relating to animals, or has been convicted of cruelty to animals in this or any other state within the previous five (5) years. For purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged.
B. Appeal Provisions: A denial, cancellation or revocation of a kennel license or permit shall become effective ten (10) days after written notice has been served in person or by certified mail by the issuing officer stating the grounds for such action. The grounds may include defective conditions or violations found to exist. The notice shall be served on the person owning, managing or operating the kennel. The aggrieved applicant, licensee or permittee has the right to an administrative hearing and review of this action. The aggrieved party must request the hearing by filing with the Division of Animal Control a written request for a hearing which states the reasons for appeal. The appeal shall be conducted by the Hearing Officer or Officers appointed by the City Council to hear and decide the appeal within five (5) business days of receipt of said notice.
The appeal notice of a license or permit denial, cancellation or revocation shall be in a form as provided by the Finance Department and shall be filed with the Division of Animal Control.
If an administrative hearing is requested, Animal Control shall immediately set a time, date and place for a hearing on said matter before the Hearing Officer. Said hearing shall be held not later than ten (10) days after the filing of the notice of appeal. Notice of the said hearing shall be given to the appellant in writing at the address shown in the notice of appeal.
At the time, date and place set for said hearing, the Hearing Officer shall hold a hearing on the appeal. The aggrieved licensee, permittee or petitioner may appear in person and testify as to any matters relevant to the proceedings. The Health Department or the Division of Animal Control shall present all evidence, oral and documentary, justifying license or permit denial, cancellation or revocation. Technical rules of evidence shall not apply to said proceedings, and the Hearing Officer may hear and consider any evidence he or she deems relevant and upon which reasonable men would be likely to rely in the consideration of matters of a serious nature. The decision of the Hearing Officer shall be supported by the weight of the evidence presented. Upon conclusion of the hearing, the Hearing Officer shall determine whether to sustain or overrule the license or permit denial, cancellation or revocation action of the Animal Control Officer or the Health Department. The Hearing Officer’s decision is final.
If no appeal hearing is requested within the time limits specified, the license or permit denial, cancellation or revocation action shall be final. (Ord. 923, §2, adopted 1991; Ord. 1169, §2, adopted 2016)
§4164 PENALTIES PRESERVED
The power of the City to deny, cancel or revoke a permit or license does not diminish or otherwise limit the power of the City to enforce violations of this Chapter and State law by applying infraction, misdemeanor or felony penalties as may be appropriate. (Ord. 923, §2, adopted 1991)
§4165 FEES
All license and permit fees, transfer fees, inspection fees, late charges and other costs and charges which are authorized herein shall be set by resolution of the City Council. (Ord. 923, §2, adopted 1991)
See §4160 J hereof for restrictions on the time certain provisions of this Article take effect.