Chino Hills Municipal Code Ch. 6.20 Commercial Kennels

Every person engaging in the business of operating a commercial kennel, shall obtain a license from the License Official and shall pay an annual license fee as established by resolution of the City Council.

(Ord. 92-16 § 1 (part))

A. A commercial kennel license may be suspended or revoked for any of the following reasons:

1. If one or more dogs kept at the kennel are finally determined to be public nuisances, because of barking, pursuant to the provisions of this title;

2. If the animals kept on the kennel premises are not securely maintained so as to prevent their escape;

3. If animals kept on the kennel premises are not at all times provided with sufficient water, sufficient and proper food, and protection from the elements;

4. If the kennel premises are not at all times maintained in a clean and sanitary condition;

5. If any animal kept on the kennel premises is subjected to cruel treatment; or

6. If the reports required are not timely filed.

B. If the Enforcing Officer determines that grounds for suspension or revocation of a commercial kennel license may exist, the Enforcing Officer shall give written notice, by personal service or by mail, to the license holder setting forth all of the following:

1. The name and address of the commercial kennel license holder;

2. The violation(s) which are the grounds for the proposed suspension or revocation of the commercial kennel license;

3. The date or dates upon which the violation(s) were observed to exist;

4. A summary of the evidence which supports the violation(s) and the names and addresses of any witnesses known to the Enforcing Officer;

5. The name or description of the animal if a violation involves an identifiable animal;

6. Whether the proposed action is revocation or suspension and, if suspension, the proposed length of suspension; and

7. A notice of the date, time, and place at which a hearing will be held before a hearing officer appointed by the Enforcing Officer to determine whether the proposed suspension or revocation shall be imposed. Such date shall be not less than fifteen (15) days nor more than thirty (30) days after the notice provided by this section is given to the license holder.

C. The Hearing Officer shall hear and determine all facts and testimony which he or she deems pertinent. Such facts and testimony may include all evidence relevant to the violations charged in the notice of intent to revoke or suspend the commercial kennel license. The license holder may appear in person, by counsel, or in person and by counsel and may present such written and/or oral evidence as he or she deems appropriate. Within twenty (20) days after the conclusion of the hearing, the Hearing Officer shall render his or her decision and shall give written notice of that decision, by personal service or by mail, to the license holder. That decision shall become final twenty (20) days after the date of personal service, or mailing, unless a written notice of appeal is properly filed. If a written notice of appeal is properly filed, the City Council shall hear and determine the appeal pursuant to the procedures set forth in Sections 1.20.010 through 1.20.040 of this Code.

D. If the license holder fails to appear at the time and place set for hearing before the Hearing Officer, either personally, or by counsel, or by counsel and in person, then the Hearing Officer may consider the facts stated in the notice as being established and the proposed action as set forth in the notice shall be ordered by the Hearing Officer.

E. Any hearing before a hearing officer pursuant to this section may be continued for a reasonable time at the request of the license holder or on the Hearing Officer's own motion.

(Ord. 92-16 § 1 (part))

Any person who operates a commercial kennel without first obtaining a commercial kennel license, or who continues to operate a commercial kennel after his or her license has been revoked or during any period of license suspension, is guilty of a misdemeanor, and subject to punishment in accordance with Section 1.36.010 et seq. of this Code.

(Ord. 92-16 § 1 (part))

All dogs owned by, or kept in, a commercial kennel shall be subject to the licensing provisions of this title upon such dogs attaining the age of four months.

(Ord. 92-16 § 1 (part))

Upon request of the Enforcing Officer, the sale of each dog or cat by a commercial kennel shall be reported by each commercial kennel operator on a form, which shall include the following information:

A. The name and address of the person to whom the dog or cat is sold;

B. A description of the dog or cat;

C. The age of the dog or cat; and

D. Such other pertinent data as the Enforcing Officer may require.

(Ord. 92-16 § 1 (part))