Arroyo Grande Municipal Code Ch. 6.20 Pet Shops and Other Animal Use Operations

It is unlawful for any person, firm, corporation or association to erect, establish or maintain any animal use operation, commercial, noncommercial hobby breeder or pet shop, as defined in this title, without first obtaining the appropriate permit from the department. The granting of such permit shall be at the discretion of the department, who shall take into consideration the type of construction to be employed as it relates to sanitation and the manner in which the animals, birds or livestock are to be housed, as well as such zoning regulations or regulations concerning the operations of commercial, noncommercial, hobby breeder, or pet shops as may be adopted by the city council from time to time. The permit will be for a calendar year, with a permit fee due and payable on January 1st of each year.

(Prior code § 6-1.12)

It is unlawful for any person, firm, corporation or association to erect, establish or maintain any commercial animal use facility or pet shop without first obtaining a license from the city. After approval by the department of the permit that is required by this chapter, the tax collector, upon the payment of the required annual license fee for the privilege of maintaining such facilities, commercial animal use facilities, or pet shops, shall issue to the applicant a license in such form as he or she may prescribe. Such annual license shall be for the calendar year, or any part thereof during which the commercial animal use operation or pet shop shall be maintained, and shall be due and payable in advance on January 1st of each year and shall expire December 31st of such year, provided the above-mentioned permit has not been revoked.

Every person, firm or corporation maintaining a commercial animal use operation or pet shop shall post a notice in a conspicuous place where it may be seen outside the locked premises, listing names, addresses and telephone number of person who may be contacted in the case of any emergency.

(Prior code § 6-1.13)

A. The permit for the maintenance and operation of an animal use facility, commercial, noncommercial, hobby breeder, or pet shop shall be refused by the department upon a determination that a violation exists of the provisions of any health law of the state of California or any of the applicable provisions of this title.

B. A permit may be immediately suspended by the department for violation of any provision of this title when, in his or her opinion, the danger to public health or safety, or when necessary to assure humane care and treatment of the animals under permit, is so imminent, immediate and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for an officer hearing before an initial hearing officer from outside the department within forty-eight (48) hours of the time of suspension. Upon conclusion of the office hearing, the hearing officer may decide to:

1. Dismiss the charges and reinstate the permit;

2. Reinstate the permit conditioned upon correction of the violation; or

3. Revoke the permit.

C. If, in the opinion of the department, the danger to public health is not so imminent, immediate and threatening as to admit of delay, the department shall send a notice of violation to the permittee and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. If, as a result of subsequent inspection, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficiencies, the department shall send a notice to the permittee advising the permittee of the remaining deficiencies and the convening of an office hearing before an impartial hearing officer from outside the department to determine whether or not the permit should be revoked. Upon conclusion of the office hearing, the hearing officer may decide to:

1. Dismiss the charges;

2. Establish a correction schedule; or

3. Revoke the permit.

D. All office hearings referred to in this section shall be conducted in accordance with procedures adopted by the department. The applicant or permittee may call and examine witnesses, introduce exhibits, question county officials and opposing witnesses on any matter relevant to the issues, and may rebut evidence against him or her. The hearing shall not be conducted according to technical rules relating to procedure, evidence or witnesses. The department shall insure that an informal record of the proceedings is maintained.

(Prior code § 6-1.14)