East Palo Alto Municipal Code Ch. 6.08 Kennels

For the purpose of this chapter, certain words and phrases are defined as follows and certain provisions shall be construed as set forth in this section unless it shall be apparent from their context that they have a different meaning:

"Commercial kennels" means the breeding, raising or keeping of dogs for sale; or the boarding, racing or other commercial handling of dogs or any combination of the foregoing by any person, firm or corporation.

"Kennels" means the keeping of or causing to be kept more than two dogs at any one premises.

(Prior code § 5-9.101)

It is unlawful for any person to keep or cause to be kept or to assist in keeping more than two dogs at any one premises within one-half mile of any adjoining residence in the city, unless in conformance with this chapter.

(Prior code § 5-9.102)

Noncommercial kennels may be maintained on any premises upon the securing of a permit as specified in this chapter and subject to the regulations of this chapter and other city ordinances regulating the keeping and licensing of dogs.

(Prior code § 5-9.103)

Commercial kennels may be maintained in such districts as are prescribed in this code upon the securing of a permit as specified in this chapter and subject to the regulations of this chapter.

(Prior code § 5-9.104)

Each application for any such permit shall be made to the planning commission on a form furnished by said commission for such purpose. Such application shall be accompanied by an accurate plot plan showing the layout of the existing or proposed kennels and the location of all houses within five hundred feet (500) feet of the exterior boundaries of the property upon which the kennels are proposed to be located. Such application shall also be accompanied by a statement of the proposed drainage and sewage disposal system.

(Prior code § 5-9.105)

If, in the opinion of the planning commission, it appears that the proposed kennels will be in full conformance with this chapter and with other applicable city ordinances, upon the payment of the required fee, a twelve (12) month revokable permit shall be issued as provided in this chapter. A permit may be granted at any time during the year and unless previously revoked shall expire on the same date of the following year. In case the planning commission denies any permit applied for under the terms of this chapter, the applicant may appeal the decision to the city council.

(Prior code § 5-9.106)

The annual fee for noncommercial kennels shall be five dollars ($5.00). The annual fee for commercial kennels shall be twenty-five dollars ($25.00) for the first ten dogs kept or proposed to be kept on the premises and fifty cents ($0.50) for each additional dog kept or proposed to be kept on the premises.

(Prior code § 5-9.107)

Any permit granted hereunder shall be subject to revocation or suspension by the planning commission in the following manner:

A notice shall be served on the person holding such permits specifying the manner in which he has failed to comply with this chapter or any other ordinance or with any terms or conditions specified in the permit for such kennel, and requiring him to appear before the planning commission at a date and hour specified not less than five days after the serving of said notice on such permit holder, to show cause at such time and place why such permit should not be revoked or suspended. At such time and place, the person holding such permit shall have the right to appear in person or by counsel and to introduce such evidence as he may desire, and the planning commission shall confront such permit holder with any charges that the city council or planning commission, or both of them, may have against him, and after such hearing, the planning commission may, if in its opinion the permit holder has violated the terms of his permit, revoke or suspend such permit. Persons may appeal to the city council regarding the revocation of any such permit.

(Prior code § 5-9.108)

Any permit issued for a kennel shall be transferable upon the written application of the holder of the permit to the planning commission, and with the consent of the latter endorsed thereon.

(Prior code § 5-9.109)

Any permit issued as provided in this chapter, shall be posted in a conspicuous place in the kennel building.

(Prior code § 5-9.110)

Permits for any kennel shall, upon application and the payment of the required annual fee, be renewed by the planning commission for twelve (12) months provided that the operation of the kennel has been in full conformance with this chapter and other applicable city ordinances, and regulations of the health officer and the laws of the state.

(Prior code § 5-9.111)

Kennels may be maintained in any allowed district as heretofore set forth, subject to the following general requirements:

A. The minimum distance of any kennel from any neighboring residence shall be five hundred (500) feet.

B. The minimum distance of any commercial kennel from any district classified as residential by the zoning laws of this city shall be five hundred (500) feet.

(Prior code § 5-9.112)

Kennel buildings shall be of Type V or better construction as defined in the city building code and in addition shall conform to the following requirements:

A. The kennel floor shall be concrete, asphaltic concrete, or other approved material impervious to liquids.

B. Kennel buildings shall be constructed in such a manner as to facilitate maintenance.

C. Floor drains shall be provided when required for sanitation.

D. Pens and runs shall be enclosed with a substantial fence.

E. All pens and runs located out of doors shall be well drained and the surface graded so as to prevent the accumulation of stormwaters.

(Prior code § 5-9.113)

Kennels shall be kept in a clean and sanitary manner and shall be thoroughly cleaned daily and sprayed periodically to prevent breeding of flies and insects.

(Prior code § 5-9.114)

It is declared to be a nuisance to maintain any kennels in an obnoxious, offensive or unsanitary condition.

(Prior code § 5-9.115)

A certificate issued by the health officer stating the condition of kennels when last inspected shall be posted in a conspicuous place in the kennel's building.

(Prior code § 5-9.116)