Aliso Viejo Municipal Code Art. IX Licensing of Commercial Animal Establishments

It shall be unlawful for any person(s) to maintain additional or unusual animals, as specified in Article X of this chapter, or to engage in, conduct, manage or carry on any of the following commercial animal establishments, businesses, practices, professions, or occupations within the city without first having obtained a license therefor in accordance with this article:

A. Animal exhibition;

B. Animal rental establishment;

C. Commercial stable;

D. Grooming parlor or mobile grooming facility;

E. Kennel;

F. Pet shop. [Ord. 2012-145 § 11].

The director shall receive all applications for commercial animal establishment licenses and shall provide such application forms as are necessary for the convenience of the public and the economic and efficient administration of this title. [Ord. 2012-145 § 11].

The applicant for a commercial animal establishment license shall pay the fee established by the city of Mission Viejo. Such fee shall be payable in full at the time of submittal of the application and shall not be refundable. [Ord. 2012-145 § 11].

Each commercial animal establishment license shall be in effect for one year from the date on which it was issued, unless otherwise provided by resolution of the city council. [Ord. 2012-145 § 11].

The director shall deny the application for a license if he or she finds that:

A. The applicant does not fulfill the specific requirements for such license as set forth in this title.

B. The applicant has made any false, misleading, or otherwise deceptive statement in his application.

C. The applicant is not a fit person to carry on the licensed commercial animal establishment.

D. The issuance of a commercial animal establishment license to the applicant would be detrimental to the public health, safety, public morals or public order. [Ord. 2012-145 § 11].

The commercial animal establishment license and each duplicate thereof shall contain the date of issuance, the date of expiration, the location(s) of the licensed activity, the signature of the director, and such other matters as are specified in this title and as the director deems appropriate. [Ord. 2012-145 § 11].

Each licensee shall display his license or duplicate license in a prominent location in each licensed establishment; or, if there is none in the city, shall carry his license on his person at all times when conducting the business permitted by the license; or, if a vehicle is licensed, in such vehicle; and each licensee shall display his license to any peace officer so requesting to see it. [Ord. 2012-145 § 11].

When the director has issued a license under the terms of this title, the same may be revoked at any time thereafter by the director if he or she becomes satisfied that the conduct of the licensed commercial animal establishment does not or will not comport with the public welfare for any reason or that the same has been conducted in an illegal, improper or disorderly manner, or in a manner substantially different than that described in the licensee’s application, or for any other reason for which the application could have been denied. [Ord. 2012-145 § 11].

No commercial animal establishment license issued under the terms of this article shall be transferable or used in conjunction with any activity other than the licensed commercial animal establishment business, and no such license shall be displayed by any person other than the licensee or his employee, nor at any location other than that indicated in the license or application. [Ord. 2012-145 § 11].

In addition to complying with AVMC 6.02.110, holders of a dog kennel license required by AVMC 6.04.460 must comply with the following additional requirements:

A. Dog kennel runs shall be made of concrete, with adequate draining for proper sanitation, or, if sand or pea gravel is used, droppings must be picked up and disposed of and the runs treated periodically with an effective disinfectant.

B. All dogs under the custody or control of a dog kennel must be vaccinated for rabies in accordance with the provisions of AVMC 6.04.180. Upon the sale of any dog for which a kennel has obtained a vaccination pursuant to this section, the owner of such kennel shall provide the purchaser of such dog with the certificate of vaccination.

C. An individual license shall be obtained for each dog in accordance with AVMC 6.04.100, in addition to a kennel license required by AVMC 6.04.460, when such dog is not kept exclusively in a kennel run or cage. No individual license shall be required for any dog in transit, or when attending a dog show in the care of a kennel representative.

D. The holder of a dog kennel license required by AVMC 6.04.460 shall keep available for inspection, on the premises, a record that shall show:

1. The name, current address and telephone number of the owner of each animal kept at the kennel;

2. The date such animal entered the kennel;

3. The reason for such animal being at the kennel, such as for boarding, sale, breeding or grooming;

4. The description of the animal, including its age, breed, sex and color;

5. As a part of such record, a current, valid rabies certificate shall be maintained for every dog over four months of age so long as such dog is kept at the kennel. [Ord. 2012-145 § 11].

In addition to complying with AVMC 6.02.110, holders of a cat kennel license required by AVMC 6.04.460 must comply with the following additional requirements:

A. The cat kennel operator shall keep all cats therein under proper confinement on the premises and shall not cause, permit or allow such cats to be or to run at large.

B. An individual license shall be obtained for each cat in accordance with AVMC 6.04.160, in addition to a kennel license required by AVMC 6.04.460, when such cat is not kept exclusively in a kennel run or cage. No individual license shall be required for any cat in transit, or when attending a cat show in the care of a kennel representative. [Ord. 2012-145 § 11].

Veterinary hospitals and veterinary clinics shall be exempt from the provisions of this title with regard to those activities conducted pursuant to any license or permit issued by the state. [Ord. 2012-145 § 11].

In addition to complying with the requirements of AVMC 6.02.110, the holder of a pet shop license that provides space to a publicly operated animal control agency, a nonprofit humane society, or a nonprofit animal rescue agency for the purpose of adopting animals to the public shall be responsible for ensuring that a rabies vaccination is obtained for each dog within its pet shop in accordance with the provisions of AVMC 6.04.180. Upon the adoption of any dog, the owner of such pet shop shall be responsible for ensuring that the purchaser of such dog is provided with the certificate of vaccination. [Ord. 2012-145 § 11].

Any person whose application for an animal establishment license is denied, or whose license is revoked, under the terms of this title, may appeal the decision in accordance with the provisions of Chapter 1.10 AVMC. [Ord. 2012-145 § 11].