Canyon Lake Municipal Code Ch. 10.12 Mandatory Licensing of Kennels and Catteries

(a) No person shall operate or maintain a kennel or a cattery without first obtaining an appropriate license therefor from the Animal Control Officer.

(b) Such license shall be valid for a period of either one or two years from the date of issuance, except that the Animal Control Officer may, in his or her discretion, limit the duration of the license to one year when he or she deems such limitation to be appropriate. 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. The kennel license fees, and late fees if an application for a license is made more than 30 days after the date such license is required, shall be set by resolution of the City Council.

(c) Application for a kennel or cattery license shall be filed with the Animal Control Officer on a form prescribed by him/her not later than ten days after obtaining written verification from the City Planning Officer that the operation of the kennel or cattery is in compliance with the applicable provisions of City Codes and Ordinances adopted by reference by the City. Said application form, when completed shall contain such information as may reasonably be required by the Animal Control Officer for the purposes of enforcement of this Chapter, 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 and consent to enter the property for inspection or enforcement. 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 Control Officer at the time the application for the kennel or cattery license is submitted.

(d) After receipt of a kennel or cattery license application, the Animal Control 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 Control Officer, satisfies the applicable laws and regulations of the State of California and the applicable ordinances of the City. Notwithstanding any other provision of this Chapter, the Animal Control Officer or the City 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.

(32-12/92 § 10.04.010) (Ord. 166, passed 4-6-2016)

(a) Notwithstanding any other provision of this Chapter, the Animal Control 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 Chapter.

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 Control Officer shall deem appropriate, and such inspections may, at the discretion of the Animal Control 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.

(b) A nonprofit corporation formed pursuant to the provisions of the California Corporations Code commencing with Section 10400, for the prevention of cruelty to animals, shall not be required to pay a fee for the licenses required by Chapter 10.04, provided, however, that all other provisions of this Title shall be applicable to any such nonprofit corporation.

(32-12/92 § 10.04.020)

The Animal Control Officer may, in his or her discretion, deny any application for a kennel or cattery license whether such application is for an original license or renewal of a license, and may suspend or revoke any kennel or cattery license if he/she finds that a kennel or cattery fails to meet any or all of the standards for kennels and catteries in this Chapter or is in violation of any law of the State or any provision of this Code.

(a) Notice. When such denial, suspension or revocation occurs, the Animal Control 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 Control Officer shall serve such notice upon the applicant or licensee by handdelivery 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 issue pursuant to this Chapter 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 the good cause shown the City Council may direct that there be a lesser period of time before such application will be considered.

(b) Appeal. Within 15 days after notice of such denial, suspension or revocation, any person whose application has been denied or whose license has been suspended or revoked, may appeal such denial, suspension or revocation by filing with the City Clerk or his or her deputy a written notice of appeal briefly setting forth the reasons why the appellant alleges such action is improper. The appeal shall be conducted under the provisions of Section 10.01.020; provided, however, that during any pending appeal the Animal Control Officer may take such action as he or she deems appropriate under this Code 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 Chapter or any other provision of law not related to the failure of the subject kennel or cattery to be currently and otherwise validly licensed.

(32-12/92 § 10.04.030)

Even where a valid kennel or cattery permit is in effect, such permit does not prevent enforcement of public nuisance laws where applicable.

(32-12/92 § 10.04.040)