Chula Vista Municipal Code Ch. 6.08 Animals

KEEPING COMMERCIAL CATS, DOGS, POULTRY AND RABBITS*

Sections:

• 6.08.010 Repealed.

• 6.08.020 Businesses subject to health regulations.

• 6.08.030 Permit – Required.

• 6.08.040 Permit – Application – Contents – Expiration date. 6.08.050 Permit – Inspection fee – Disposition of moneys.

• 6.08.060 Permit – Grounds for suspension or revocation.

• 6.08.070 Repealed. 6.08.080 Kennels, catteries and pet shops – Permit prerequisites. 6.08.090 Kennels, catteries and pet shops – Location and soundproofing regulations. 6.08.100 Kennels, catteries and pet shop facilities – Operating requirements. 6.08.101 Kennels, catteries and pet shops – General requirements for primary enclosures. 6.08.102 Kennels, catteries and pet shops – Additional general requirements for primary enclosure housing cats.

• 6.08.103 Kennels, catteries and pet shops – Additional space requirements for dogs. 6.08.104 Kennels, catteries and pet shops – Employees. 6.08.105 Kennels, catteries and pet shops – Classification and separation. 6.08.106 Kennels, catteries and pet shops – Records. 6.08.107 Kennels, catteries and pet shops – Vaccination required for individual dogs. 6.08.108 Pet shops – Dog and cat sales prohibited. 6.08.109 Kennels, catteries and pet shops – Operated contrary to this chapter. 6.08.110 Repealed. 6.08.111 Kennels, catteries and pet shops – Inspections. 6.08.120 Diseased animals – Notice and isolation required – Disposal. 6.08.130 Certain conditions deemed nuisance – Abatement authorized. 6.08.140 Exceptions to applicability of chapter.

***** For statutory provisions regarding inhumane impounding, see Pen. Code § 597e.

Health regulated businesses shall include kennels, catteries, pet shops, dairy farms and the keeping or maintenance of more than 25 fowl and/or rabbits. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.8(A)).

It is unlawful for any person to own, control, lease, act as agents for, conduct, operate or manage any kennel, cattery, pet shop, or dairy farm or maintain more than 25 fowl and/or rabbits without first applying for and receiving from the City a permit therefor, as provided for under this chapter. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.8(B)).

Every person applying for a permit shall file with the City a written application which shall state the name and address of the applicant, and a description of the property wherein or whereon it is proposed to conduct the business of a pet shop, cattery or kennel, or all and other such information as the City may require. Every applicant for such permit shall at the time of making application deposit and pay to the Clerk, authorized by the City to receive such application, the annual inspection fee hereinafter in this section established.

A permit for which application is made under the provisions of this section may be granted at any time during the year, but all permits granted hereunder shall expire on the thirty-first day of December of the year in which the same are granted. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.8(C)).

Every person applying for a permit under the provisions of this chapter shall at the time of making application for such permit pay an inspection fee as established in the City master fee schedule. All moneys received as inspection fees under the provisions of this code shall be paid into the City treasury and placed in the general fund. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.8(D)).

Permits for kennels, catteries, pet shops, dairy farms, and the maintenance of more than 25 fowl and/or rabbits shall be subject to suspension or revocation by the City Manager or his or her designee upon his findings that, because of any of the conditions mentioned in this chapter, or because of the ineffectiveness of sanitation measures, or a particular or peculiar hazard connected with the animals, fowl, rabbits, or birds involved, the public health and welfare will be endangered unless such action is taken. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.8(E)).

No permit for the activities included in this chapter shall be valid unless it has been certified by the Director of Development Services, or designee, as not being in conflict with ordinances and local regulations concerning planning and zoning. (Ord. 3544 § 1, 2023; Ord. 3226 § 1, 2012; Ord. 2790, 1999; Ord. 774 § 1, 1961; prior code § 4.8(G)).

All kennels and catteries shall be located in an area which is well isolated and all animals shall be kept not less than 20 feet from any door, window or opening of any private dwelling. If, however, any kennel or cattery has been established in a congested area, the animals shall be held in a soundproof room. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.8 (H)).

A facility operator shall comply with the following requirements:

A. Each building, fence and other structure shall be structurally sound and be maintained in good repair to protect the animals from injury, contain the animals and prevent other animals from entering the kennel;

• B. The facility shall have reliable and adequate electric power and potable water;

C. The facility shall have adequate quantities of food and supplies, adequate refrigeration to protect perishable food, and adequate storage facilities to keep food and supplies dry, clean and uncontaminated;

• D. The operator shall maintain the entire facility in a clean and sanitary condition at all times;

E. The operator shall prepare a maintenance schedule for the entire facility that describes how often the operator will clean each part of the facility and have the maintenance schedule available for inspection when the City inspects the facility. The maintenance schedule shall provide a program to control insects, ectoparasites and avian and mammalian pests. The facility operator shall clean and sanitize the facility in accordance with the maintenance schedule and, at a minimum, shall remove excrement daily, or more often if necessary, to keep the animals and staff safe from contamination, disease and odors, and keep the entire facility free of accumulations of trash and debris;

F. The facility shall have and maintain adequately supplied toilet rooms, washrooms, and sinks that allow animal caretakers to practice good hygiene;

G. The operator shall provide each animal housed in the facility with food that is uncontaminated, wholesome and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. The food shall be provided in clean and sanitary receptacles accessible to each animal and located to minimize contamination by excreta;

H. The operator shall provide each animal with potable water in clean and sanitary receptacles available to the animal at all times, unless a licensed veterinarian has restricted an animal’s water intake. The water receptacle shall be secured to prevent the receptacle from being tipped over;

I. The facility shall protect each animal housed in the facility from the elements, including sun, heat, cold, wind, dampness, rain and snow and shall maintain environmental conditions for each animal that are appropriate for that animal;

J. The facility shall provide adequate fresh air ventilation for the health and comfort of each animal in a manner that minimizes drafts, odors and moisture condensation;

K. The facility shall provide ample light that is uniformly distributed throughout the facility to allow staff to inspect and clean the kennel during the hours of 7:00 a.m. to 10:00 p.m. and shall protect the animals from harmful or annoying illumination;

L. The facility’s interior walls and floors shall be constructed of material impervious to moisture and maintained in that condition. The material shall have a surface that may be readily sanitized;

M. The facility shall have a drainage system to rapidly drain animal excreta from the facility. The drainage shall be constructed and maintained to prevent unpleasant odors and to prevent any drainage backup into the facility. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.8(I)).

A facility operator shall provide a primary enclosure for each animal housed at the facility. Each primary enclosure shall be:

• A. Constructed and maintained in good repair to protect the animal housed in the enclosure from injury, be able to keep the animal from getting out of the enclosure and keep other animals out;

• B. Constructed and maintained to enable each animal housed in the enclosure to remain dry and clean;

• C. Constructed and maintained to enable the animal housed in the enclosure to have convenient access to clean food and water;

D. Large enough to allow each animal housed in the enclosure to obtain adequate exercise. A separate house that an animal uses as sleeping quarters shall provide sufficient space to allow each animal in the house to turn about freely, stand easily and sit or lie in a comfortable position. It is unlawful to keep an animal in a primary enclosure or house that does not provide adequate space. (Ord. 3226 § 1, 2012).

A facility operator who maintains a primary enclosure that houses one or more cats shall:

A. Provide a receptacle containing sufficient clean litter in an enclosure to contain excreta based upon the number of cats in the enclosure.

• B. Provide adequate solid resting surfaces to comfortably hold all cats occupying the enclosure at the same time. In a primary enclosure housing two or more cats, each solid resting surface shall be elevated.

• C. No operator shall house more than 12 adult cats in the same primary enclosure. (Ord. 3226 § 1, 2012).

A facility operator shall comply with the following additional space requirements for dogs:

• A. An unattended primary enclosure shall not house more than 12 dogs of any size.

B. The number of dogs in an attended primary enclosure shall not exceed that number that may be safely supervised by the number of attendants on duty and shall not exceed 12 dogs per attendant within the enclosure.

• C. A passageway into a kennel house shall be large enough to allow easy access for each dog in the house.

D. A kennel that confines a dog in a kennel house that does not meet the space requirements in this chapter for a primary enclosure shall not house the dog in a kennel house for more than 12 hours in any 24-hour period.

E. A primary enclosure or kennel house of a kennel shall meet the minimum space requirements in Table 6.08.103.

Table 6.08.103. Minimum Space Requirements

F. If a primary enclosure or kennel house contains more than one dog, the minimum square feet required is the sum of the square feet requirements for each individual dog kept in the primary enclosure or kennel house. (Ord. 3226 § 1, 2012).

A facility operator shall employ a sufficient number of caretakers to maintain the standards set forth in this chapter. It shall not be a defense to an action to suspend or revoke a facility license or a civil or criminal action to enforce a violation of this chapter that the licensee was unable to comply due to an insufficient number of employees. (Ord. 3226 § 1, 2012).

Animals housed in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions:

A. A female in estrus shall not be housed in the same primary enclosure as a male, except for breeding purposes.

• B. Any animal exhibiting a vicious disposition shall be housed by itself.

C. A puppy shall not be housed in the same primary enclosure with an adult other than its dam, and a kitten shall not be housed with an adult cat other than its dam, except when an animal owner specifically requests they be housed together.

D. No dog shall be housed in the same primary enclosure with a cat and no dog or cat shall be housed in the same primary enclosure with any other species of animal, unless an animal owner requests the facility operator house specific animals together.

E. An animal under quarantine or treatment for a communicable disease or an animal with a serious injury or disability shall be kept separate from any other animal. (Ord. 3226 § 1, 2012).

A. A facility operator shall maintain a register for each dog housed at the facility that includes: (1) the dog owner’s name, address and telephone number, (2) the dog’s name and description, including breed, color, sex, month and year of birth, (3) the date of its most recent rabies vaccination and (4) a copy of the current vaccination certificate, the name and telephone number of the veterinarian who vaccinated the dog, or the telephone number of the licensing agency verifying the vaccination.

B. For all animals other than dogs, the operator shall maintain a register with the name, current address and telephone number of the owner of each animal kept at the kennel, the description of the animal, including its age, if known, or approximate age, breed, sex and color.

C. The operator shall have someone in attendance at the facility when the facility is housing one or more animals who can identify each animal in the kennel, except that animals under four months of age may be identified as to litter. (Ord. 3226 § 1, 2012).

A facility operator shall not be required to obtain the dog license required by this chapter for each dog housed in the facility, but shall not house a dog in the facility that has not been vaccinated as required by this chapter. (Ord. 3226 § 1, 2012).

Pet shops are prohibited from selling dogs or cats in the City of Chula Vista. (Ord. 3226 § 1, 2012).

A facility the City determines is unsanitary or a threat to animal or public health, safety or welfare, or being operated contrary to this chapter, is declared to be a public nuisance. The City may take action against the facility operator as authorized by state law or this code to abate the nuisance. If the City determines immediate action is necessary to preserve or protect an animal or public health, safety or welfare, the City may summarily abate a nuisance by any reasonable means including impoundment of any animal and immediate closure of a facility until the nuisance is abated. The City may recover its abatement costs from the facility operator. (Ord. 3226 § 1, 2012).

Kennels, catteries, and pet shops are subject to inspections by City staff at least annually. (Ord. 3226 § 1, 2012).

Whenever any pets shall appear to have any communicable disease, the City Animal Care Facility shall be notified immediately of such condition with such information as may be necessary, and such pets shall be immediately isolated from healthy pets. If, in the discretion of the City Manager or his or her designee, said pet is considered a menace to the health of other pets or people, he/she shall condemn said pet to be removed entirely from the premises and, if necessary, destroyed. No diseased pet shall be sold or given away, nor shall it be otherwise disposed of except in a manner authorized by the City Manager or his or her designee. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.8(K)).

The presence of obnoxious odors or unsanitary conditions or the failure to muzzle or place in soundproof kennels all dogs barking excessively, or to a degree that annoys the immediate neighborhood, is hereby declared to be a public nuisance and may be summarily abated by the City Manager or his or her designee. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.8(L)).

Nothing contained in this chapter shall be deemed or construed to prohibit the keeping of animals, fowl or rabbits, providing they are kept:

• A. In a coop, box or run located and kept within a schoolhouse, museum, or zoo for the purpose of study or observation;

B. In a coop, box or run located and kept within a physician’s office or a laboratory for medical research, medical treatment or scientific purposes;

• C. On premises zoned for A use. This does not apply to CVMC 6.04.060;

D. On premises where the fowl or rabbits are sold in the ordinary and customary courses of business and are not raised, bred or grown on such premises. (Ord. 3226 § 1, 2012; Ord. 774 § 1, 1961; prior code § 4.10).