Buena Park Municipal Code Ch. 6.30 Permits

Wherever a permit is required by this title, the owner or person(s) seeking such permit shall pay an annual permit fee as set forth in the municipal fee schedule to the executive director. Upon payment of the required fee, the applicant shall obtain, complete and submit a permit application to the animal control officer. The posting of the permit fee does not guarantee approval of the permit and is not refundable.

(Ord. 1542 § 2, 2010)

Upon receipt of an application for a permit, the animal control officer shall, within twenty working days, conduct an appropriate investigation and inspection of the premises requiring the permit, to properly evaluate those issues related to the particular permit. It is the officer's duty to assure that keeping such animal is legal and that such animal will be kept in a safe, secure and humane fashion and without menacing the safety of any person or animal or causing damage to property.

(Ord. 1542 § 2, 2010)

As a condition of granting a permit, the city may impose special conditions that may include but are not limited to:

A. Keeping the animal confined on the premises in an enclosure approved by the animal control officer;

B. Keeping the animal securely muzzled, leashed, and under the control of a person eighteen years of age or older, and who is physically capable of restraining the animal when the animal is either on or off the property of the person having control, custody, care, or ownership of the animal;

C. Providing financial responsibility for the animal by posting a bond or certificate of insurance to an amount deemed necessary by the city which shall not be less than the amount of fifty thousand dollars;

D. Providing for the surgical spaying or neutering of the animal to prevent reproduction.

(Ord. 1542 § 2, 2010)

Any conditions for granting of a permit must be approved by the executive director and must be noted on the permit at the time of issuance or at a later date that the executive director or the animal control officer deems necessary.

(Ord. 1542 § 2, 2010)

Any permit issued under this section may be revoked when any provision of this title, or any condition issued by the executive director, or the animal control officer under this chapter, is violated, or when, in the opinion of the executive director, the safety of any person or animal is menaced or property is likely to be damaged by the possession or maintenance of such animal.

(Ord. 1542 § 2, 2010)

A. All permits provided for in this section shall be valid for one year from the date of issuance, unless revoked as provided in Section 6.30.050.

B. If the permit is to be renewed, and the premises has been inspected within the past two years, and the applicant indicates in writing that there are no changes since the most recent inspection, then the animal control officer may forego an inspection and the permit fee shall be one half or fifty percent of the normal permit as established per resolution of the city council.

C. If a person fails to renew a permit within ten days after service of a written notice that such permit is required, or thirty days after the expiration of an existing permit, then a late fee as established per resolution of the city council shall be charged in addition to the applicable permit fee.

(Ord. 1542 § 2, 2010)

This section shall not apply to any dangerous or wild animal caged in a safe and humane manner when being transported through the city or when such animal is within the city under the control of a city approved live animal event such as a circus, carnival, traveling show, or collection of animals.

(Ord. 1542 § 2, 2010)

A. Upon completion of an appropriate inquiry, the animal control officer may deny a permit for failure to meet the standards as expressed in Section 6.30.020 or other warranted cause.

B. Upon deciding to deny the permit, the animal control officer shall provide the applicant a document informing him or her of the facts causing the denial of the permit, and informing the applicant of all requisite information concerning an appeal of the animal control officer's denial.

C. The animal control officer shall report in writing to the executive director detailing the circumstance that prompted his or her decision/denial.

D. Upon receipt of a written request from the applicant, the executive director shall set a date and time for a public hearing to review the decision/denial by the animal control officer, within ten calendar days of receipt of the appeal. If the owner of the animal does not respond to or oppose the decision/denial of the animal control officer, then the decision of the animal control officer shall prevail.

E. The executive director shall preside at the hearing and shall summon witnesses, administer oaths, hear testimony, and determine whether the denial of the permit shall stand.

F. The executive director shall issue written findings and a decision, concerning the permit within ten working days after the hearing is concluded.

G. If the executive director upholds the decision by the animal control officer to deny the animal permit, the applicant shall be informed of all requisite information concerning an appeal of the executive director's denial to the city council.

H. Upon receipt of a written request from the applicant, the city clerk shall set a date and time for a public hearing to review the decision/denial by the executive director, within ten calendar days of receipt of the appeal. If the owner of the animal does not respond to or oppose the decision/denial of the executive director, then the decision of the executive director shall prevail.

I. The city council shall issue written findings and a decision, concerning the permit within ten working days after the hearing is concluded. The decision of the city council shall be final.

(Ord. 1542 § 2, 2010)

If not otherwise indicated, a violation of any section of this chapter is unlawful and constitutes a misdemeanor for any person to operate a business or maintain restricted animals without the required permit(s) as required within this title.

(Ord. 1542 § 2, 2010)