Dana Point Municipal Code Ch. 10.10 Commercial Establishments

No person shall conduct or operate within the Cities served by the Authority any commercial breeding or boarding kennel or cattery, pet shop, commercial animal rescue shop, grooming parlor, commercial stable, riding academy, pony ride, guard dog and/or sentry dog service, zoo, animal menagerie, animal exhibition, rodeo, circus, pet show, miscellaneous animal or reptile establishment or operate as an animal dealer, without first obtaining a license from the Authority. For the purposes of this Section, guard dog and/or sentry dog services located outside the Cities served by the Authority, but providing services within said Cities on a regular basis shall be included.

(Ord. 96-01, 1/9/96; amended by Ord. 12-02, 1/31/12; Ord. 25-16, 11/18/2025)

Each application for a commercial license or permit required by this Chapter shall be in writing upon a form to be furnished by the Authority, and shall contain such information as the Authority shall require.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

A fee for a license or permit required by the provisions of this Chapter shall be set by resolution of the City Council served by the Authority, and shall be paid to the Authority before a license is issued. Thereafter, unless otherwise provided, each fee shall be paid annually in accordance with such resolution.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

The General Manager or authorized agent shall conduct an inspection of the intended business location and facilities and prepare a report for inclusion with the application for an original license or a renewal. He or she may issue a license to the applicant if he or she finds that:

(a) The keeping of animals, or the conduct of operation of the business for which the license is requested and at the place set forth in the application, will not violate any law or ordinance of the cities served by the Authority, or any law of the State; and

(b) The keeping of animals, or the conduct or operation of the business for which the license is requested, will not endanger the health, peace or safety of the community; and

(c) The premises and establishment where animals are to be kept are in a clean and sanitary condition, and that animals will not be subject to suffering, cruelty or abuse; and

(d) The applicant has not had a similar license revoked within one year prior to the application.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

Licenses and permits issued under the provisions of this Chapter shall expire on the date specified in the resolution of the City Council served by the Authority. The license or permit may be revoked or suspended for cause in accordance with this Chapter prior to the expiration date. The license or permit also becomes void if the holder thereof changes the location of his or her place of business or sells, assigns, transfers or otherwise disposes of such business or his or her interest therein for a period of 30 days or more.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

Each license or permit issued under this Chapter shall be renewed within 30 days after the expiration thereof.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

Any license or permit issued under the provisions of this Chapter may be revoked or suspended if the General Manager finds that the licensee, his or her agency or employee has: (a) been convicted of any offense involving the violation of Sections 596, 597, 598 and 599 of the Penal Code of the State of California, or of any provision of this Title; or (b) at the place for which the license was issued, failed to provide any animal in his or her possession, care or control with proper and sufficient food, drink, shelter or protection, or subjected any such animal to suffering, cruelty or abuse; or (c) failed to maintain the premises in a clean and sanitary condition; or (d) violated any rule or regulation made pursuant to the provisions of this Title; or (e) falsified facts on the license application. If a license has been denied or revoked for cause, the General Manager shall not accept a new application by the same person for the same activity at the same location less than six months after such denial or revocation, unless the applicant affirmatively shows and the General Manager finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the license was revoked no longer existed. On revocation of a license, no part of the fee is refundable.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

All licenses and permits under the provisions of this Chapter shall be displayed in a conspicuous place on the licensed premises.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

The holder of a commercial kennel or grooming parlor license shall keep available for inspection on the premises a record that shall show the name, current address and telephone number of the owner of each animal kept at the kennel or parlor, the date such animal entered the kennel or parlor, description of the animal, including age, name, breed, sex, and color, and the name of the veterinarian approved by the owner.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

At any time there are more animals than a kennel or cattery license allows, the person operating such kennel or cattery must obtain a new license permitting the keeping of the greater number of animals. The former license shall be canceled and a credit for the canceled license fee shall be allowed on the new license.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

The General Manager may, in the rules and regulations promulgated pursuant to the provisions of this Title, establish reasonable standards requiring any place for which a license is granted to be maintained in a clean, sanitary and humane condition. A copy of such rules and regulations shall be furnished to each applicant for a license on the filing of the application.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

Each commercial establishment shall have posted in such a place as to be legible from the exterior of the building, names, addresses, and telephone numbers of persons to be notified in case of emergency.

(Ord. 96-01, 1/9/96; amended by Ord. 25-16, 11/18/2025)

Every person who owns, conducts, manages or operates any commercial animal establishment for which a license is required, shall comply with each of the following conditions:

(a) No dog or cat shall be brought or shipped into the City for the purpose of resale and no such dog or cat shall be offered for sale by any pet shop or dealer;

(b) Every dog or cat offered for adoption must be examined by a State licensed veterinarian and be certified free of congenital defects, distemper, worms, skin disease, skin and ear mites, and other diseases or conditions which would be injurious to the animal or a potential owner;

(c) Every dog or cat offered for adoption shall have been vaccinated against distemper, parvo virus enteritis, and feline pan leukopenia by a State-licensed veterinarian. A certificate providing the name of the veterinarian and the date and treatment must be provided to the purchaser at the time of adoption;

(d) No animal shall be transported by a commercial kennel, pet shop, commercial animal rescue shop or dealer, whether by private or public means, unless housed in a container designed for that purpose including provisions for adequate ventilation and food and water;

(e) No animals shall be without attention for more than 18 consecutive hours;

(f) Every reasonable precaution shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means;

(g) Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals;

(h) Every building or enclosure wherein animals are maintained, shall be constructed of materials easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation;

(i) Any animal shall be taken to a veterinarian for treatment if the General Manager or authorized agent finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so;

(j) All animal rooms, cages, kennels, shipping containers, and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. As a minimum, sufficient space must be provided for every animal within an enclosure to separately and together, stand up, lie down, and turn around in a natural position; and

(k) No animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition shall be displayed to the public.

(Ord. 96-01, 1/9/96; amended by Ord. 12-02, 1/31/12; Ord. 25-16, 11/18/2025)

(a) No commercial animal establishment shall, for the purposes of resale or retail, display, sell, deliver, offer for sale, barter, auction, or otherwise transfer or dispose of dogs or cats in the City on or after the effective date of the ordinance codified in this Section.

(b) A commercial animal establishment that, for the purposes of resale or retail, displayed, sold, delivered, offered for sale, bartered, auctioned, or otherwise transferred or disposed of dogs or cats in the City of Dana Point as of the effective date of the ordinance codified in this Section, and whose operations complied with all applicable provisions of the Dana Point Municipal Code, may continue to display, offer for sale, barter, auction, or otherwise transfer or dispose of dogs and cats until the one-year anniversary of the effective date of the ordinance codified in this Section.

(c) This Section shall not apply to:

(1) A licensed commercial breeder approved by and registered with a registry or association recognized by the Authority, whose program and practices are consistent with the humane treatment of animals;

(2) A dog or cat owner who breeds an occasional litter of dogs or cats, provided that he or she does not sell the resultant offspring for resale to commercial outlets, nor for purposes of research, testing or laboratory experimentation;

(3) A publicly operated animal control facility or animal shelter;

(4) A private, charitable, nonprofit humane society or animal rescue organization;

(5) A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a commercial animal establishment; or

(6) A dog or cat that is sold pursuant to Section 10.09.180 of this Title.

(d) Nothing in this Section shall prevent a commercial animal establishment or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the commercial animal establishment for the purpose of adopting those animals to the public.

(Added by Ord. 12-02, 1/31/12; amended by Ord. 25-16, 11/18/2025)