Beaumont Municipal Code Ch. 6.16 Kennels, Catteries and Animal Rescue Facilities

In addition to a business license as required, every person engaged in the business of operating or maintaining a Class I kennel, Class II kennel, Class III kennel, Class IV kennel, sentry dog kennel, or cattery shall obtain an appropriate license from the Animal Services Department. Such license shall be valid for a period of either one or two years from the date of issuance. Said license shall be renewed within 30 days after the date of expiration. Where a kennel license has been issued and is in effect, the dogs contained in such kennel shall be exempt from the requirements of individual license tags as required by this Title.

(Ord. 960, 10/20/09; §1)

An application for a kennel or cattery license shall be filed with the Animal Services Officer on a form prescribed by him/her not later than ten days after obtaining written verification from the City planning department that the operation of the kennel or cattery is in compliance with the applicable zoning regulations. Said application form, when completed, shall contain such information as may reasonably be required by the Animal Services Officer for the purposes of enforcement of this Title, including but not limited to the current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent from the subject kennel or cattery. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the Animal Services Officer at the time the application for the kennel or cattery license is submitted.

After receipt of a kennel or cattery license application, the Animal Services Officer shall make an inspection of the premises of the kennel or cattery for which a license is requested. No kennel or cattery license shall be issued, nor shall any such license be renewed, unless and until the kennel or cattery, in the opinion of the Animal Services Officer, satisfies the applicable laws and regulations of the State of California, the applicable Titles of the City and any other applicable conditions as set forth in this Chapter or any other applicable Chapters. Notwithstanding any other provision of this Title, the Animal Services Officer or the Planning Director may, in their respective discretion, limit the numbers of dogs or cats over the age of four months which are kept or maintained in any kennel or cattery, and such limitation may be imposed at such time as an application for an initial kennel or cattery license is considered or at such time as an application for renewal of a kennel or cattery license is considered.

Notwithstanding any other provision of this Title, the Animal Services Officer is hereby authorized to enter upon and inspect the premises of any kennel or cattery located in the City for the purpose of determining whether such kennel or cattery is in compliance with the provisions of this Title and the conditions set forth in Chapter 17.09 of the Municipal Code. As a condition of the issuance of a kennel or cattery license, each owner and operator of a kennel or cattery shall agree to allow such entry and inspection and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours at times when the owner or operator of the kennel or cattery is present on the kennel or cattery premises, and with such frequency as the Animal Services Officer shall deem appropriate, and such inspections may, at the discretion of the Animal Services Officer, be made without prior notice to the owner or operator of the subject kennel or cattery. Willful refusal on the part of a kennel or cattery owner or operator to allow such inspection shall be grounds for summary denial of an application for a kennel or cattery license or for summary suspension or revocation of a kennel or cattery license.

(Ord. 960, 10/20/09; §1)

The Class I kennel, Class II kennel, Class III kennel, Class IV kennel, sentry dog kennel, cattery, and Animal Rescue Facility license fees, and late fees, shall be as set by separate Resolution of the City Council of the City of Beaumont. If an application for a license or renewal of a license is made more than 30 days after the date such license is required or such previous license has expired, a late fee shall be added.

A nonprofit corporation formed pursuant to the provisions of the California Corporations Code commencing with Section 10100 for the prevention of cruelty to animals, shall not be required to pay a fee for the licenses required by this Title; provided, however, that all other provisions of this Title shall be applicable to any such nonprofit corporation, as well as the provisions of Section 6.16.040 of this Title if the nonprofit corporation is an animal rescuer.

(Ord. 960, 10/20/09; §1)

Any person engaged in the rescue of animals, shall first obtain a rescue permit from the Department and shall meet all requirements and standards for a kennel/cattery license.

a. For an animal rescuer that is not a valid nonprofit corporation formed pursuant to the provisions of the California Corporations Code commencing with Section 10100 for the prevention of cruelty to animals, the animal rescuer may keep two dogs with a rescue permit and no minimum land requirement so long as all other requirements and standards for a kennel license, referred in this Title, are met.

b. For an animal rescuer that is a valid nonprofit formed pursuant to the provisions of the California Corporations Code commencing with Section 10100 for the prevention of cruelty to animals, the animal rescuer may maintain up to ten dogs with a rescue permit and no minimum land requirement so long as all other requirements and standards for a kennel license are met. Such animal rescuer shall not need to obtain a Class I kennel permit.

c. For an animal rescuer maintaining 11 or more dogs a Class II kennel license is required, and the minimum land requirement shall be one acre.

d. For an animal rescuer maintaining five or more cats, a cattery license is required; and the minimum land requirement shall be one acre.

e. An animal rescuer may keep a maximum of four personal (not for adoption or sale) dogs and nine personal (not for adoption or sale) cats and must include these animals as "personal pets" on the animal rescue permit application.

f. Personal dogs (not for adoption or sale) shall be individually licensed in accordance with this Title.

g. All rescued dogs and rescued cats older than four months must be spayed/neutered prior to releasing to an adopting party. In any event, the animal must be altered within 30 days of receipt by the rescuer.

h. Accurate and complete records of all animals shall be maintained by the animal rescuer on forms which will be made available to Department for inspection upon request.

i. An animal rescuer may recoup, from the adopting party, the cost of any inoculations, the cost incurred by having the animal altered prior to adoption, and any costs related to the treatment of illness or injury.

(Ord. 960, 10/20/09; §1; Ord. 1020, 06/05/12)

The Animal Services Officer may, in his/her discretion, deny any application for a kennel, cattery or rescue facility license whether such application is for an original license or renewal of a license, and may suspend or revoke any license if it is found that the kennel, cattery or rescue facility fails to meet any or all of the Standards as set forth in this Title, or is in violation of any law of the State of California or any provision of this Title, any provision of any other City Title or provision of a Conditional Use Permit.

When such denial, suspension or revocation occurs, the Animal Services Officer shall prepare a written notice of such denial, suspension or revocation which shall contain a brief statement of the reason or reasons for such denial, suspension or revocation. The Animal Services Officer shall serve such notice upon the applicant or licensee by hand-delivery or by registered or certified mail, postage prepaid, return receipt requested. Denial, suspension or revocation shall be effective 30 days after service of such notice. Where an application for a kennel or cattery license is denied or where a kennel or cattery license issued pursuant to this Title is revoked, no application for a new license for such kennel or cattery shall be considered for a period of one year from the effective date of such denial or revocation; provided, however, that for good cause shown the City Council may direct that there be a lesser period of time before such application will be considered.

Any person whose application has been denied or whose license has not been renewed, or whose license has been suspended or revoked, may appeal such denial, nonrenewal, suspension or revocation by filing with the City Clerk of the within 15 days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why the appellant alleges such denial, non-renewal, suspension or revocation is improper. Within five days of the receipt by the said Clerk of such notice of appeal, the Clerk shall set a hearing date for the appeal and shall give written notice of the date, time and place of such hearing to the appellant, and such notice shall be sent by registered or certified mail, postage prepaid, return receipt requested. The date of hearing shall be not less than 20 days from the date of mailing of the notice of the date, time and place of the hearing, and the hearing shall be conducted not later than 45 days from the date of mailing of the notice of denial, non-renewal, suspension or revocation; provided, however, that at the request of the appellant, the City Clerk may extend the hearing date for a reasonable period beyond the aforementioned 45 day limit. The appeal shall be heard by the City Council which may affirm, modify, or reverse the denial, non-renewal, suspension or revocation. In conducting the hearing, the City Council shall not be limited by the technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible, evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs. During the pendency of the appeal, there shall be in effect an automatic stay of the denial, non-renewal, suspension or revocation; provided, however, that during said period of pendency the Animal Services Officer may take such action as he/she deems appropriate under this Title. or any other provision of law respecting the subject kennel or cattery, including but not limited to the abatement of public nuisances, inspection of the kennel or cattery premises, or the prosecution of any violation of this Title. or any other provision of law not related to the failure of the subject kennel or cattery to be currently and otherwise validly licensed.

(Ord. 960, 10/20/09; §1)