Gilroy Municipal Code Art. V Animal Control Permits

No person shall conduct, operate or keep any pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter or horse establishment, nor shall any person keep a wild or exotic animal, without first obtaining an animal control permit in strict accordance with the standards set forth in this chapter. Application and annual fees for such permit shall be fixed by resolution.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) An application for an animal control permit shall be in writing on a form approved by the administrator. The applicant shall furnish a list of the types of animals to be maintained or used for any purpose, together with the approximate number of animals of each type.

(b) The administrator may establish regulations and standards relating to:

(1) The maximum number and species of animals to be kept or maintained on the premises;

(2) The construction, sanitation and maintenance of facilities; and

(3) Any other regulations and standards in conformity with and for the purpose of carrying out the intent of this chapter.

(c) Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any permit provided pursuant to this title.

(d) The permittee shall maintain a record of the names and addresses of persons from whom animals are received and to whom the animals are sold, traded or given. This shall be available to the administrator upon request. Such records shall be kept for a minimum of two (2) years.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

As a condition to the issuance or renewal of an animal control permit, the administrator or animal control officer shall have the authority to inspect at any reasonable time the facility housing the animal or animals subject to the permit for conformance with the housing, sanitation, safety and other standards set forth in this chapter.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

The administrator may deny or revoke any permit issued pursuant to this chapter in the following situations:

(1) Whenever he determines by inspection that any facility in which the animal which is the subject of the permit fails to meet. Any of the conditions of the permit, this chapter or applicable state or federal law;

(2) Whenever the administrator has reason to believe that the applicant or permit holder has wilfully withheld or falsified any information required for a permit;

(3) If the applicant or permit holder has been convicted by a court of law of more than two (2) violations in a twelve-month period of this chapter, or state laws relating to animals or public nuisance caused by animals, or has been convicted of cruelty to animals in this or any other state within the previous five (5) years. For the purposes of this chapter, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Prior to denial or revocation of a permit, the administrator shall notify the applicant in writing of the intent to deny or revoke the permit, the reasons for such denial or revocation, and that the applicant may make a written request for an appeal hearing before the administrator within five (5) days after receipt of such notice if he wishes to challenge the denial or revocation.

(b) The administrator shall set the time and place for hearing and cause notice of such hearing to be mailed to the person requesting such hearing at least five (5) days before the date of the hearing. The hearing may be held by the administrator or other designated hearing examiner.

(c) At the hearing, the applicant and the animal control division may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Any relevant evidence may be admitted and strict rules of evidence need not apply. The decision of the hearing examiner shall be written and based entirely on the record. The hearing examiner shall issue his or her decision within ten (10) business days from the date of the hearing and that decision shall be final.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Any permit issued under this chapter shall expire twelve (12) months from the date of issuance. The procedure to the renewal of a permit shall be the same as for an original permit.

(b) Upon failure to make application for the renewal of permit within thirty (30) days of the expiration of a permit, or prior thereto, the applicant shall pay in addition to the permit fee an additional fee to be set by resolution.

(c) If a permit has been denied or revoked, the administrator shall not accept a new permit application from the same person for the same activity at the same location less than six (6) months after such denial or revocation, unless the applicant shows, and the administrator finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the permit revoked no longer exist.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

Any animal control permit is personal to the holder and is not transferable.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

Every person who owns, conducts, manages or operates any animal establishment shall comply with each of the following standards, which standards shall also operate as ongoing conditions of any animal control permit issued pursuant to this chapter:

(1) Housing.

a. Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals or the escape of animals so contained therein.

b. Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors; heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals.

c. All animal rooms, cages, kennels, runs, stalls and corrals shall be of sufficient size to provide adequate and proper accommodation and protection from the weather for the animals kept therein.

d. All animal facilities shall be constructed and operated in a manner that reasonably protects public health and safety, and safety to animals.

(2) Sanitation. All animal facilities shall be maintained and operated at all times in a clean and sanitary condition and in a manner that avoids causing odors or attraction of flies and vermin and excessive noise.

(3) Care of Animals.

a. All animals shall be supplied with a quantity of wholesome food suitable for the species and age of the respective animals, as often as the feeding habits of such animals require, sufficient to maintain a reasonable level of nutrition. All animals shall have available to them sufficient potable water. Food and water shall be served in separate, clean receptacles.

b. No animal, except those animal(s) in pasture provided with adequate feed and water, shall be without attention for more than twenty-four (24) consecutive hours. The name, address and telephone number of a person responsible for the animal shall be posted in a conspicuous place, visible from outside the facility or at the main gate of a pasture where animals are kept, unless the owner or attendant of the animal or animals is immediately available on the premises.

c. All sick, diseased or injured animals shall be isolated from healthy animals at all times, and shall be given proper medical treatment. The administrator may order the operator of the facility to immediately seek licensed veterinarian treatment for any animal.

d. All animals shall be treated in a humane manner.

(4) Compliance.

a. The administrator or his authorized representative shall have the authority to enter the animal facility when he has reason to believe that the provisions of the permit or this title, applicable state law or the rules or regulations of the administrator are being violated. The failure of the operator to consent to the entry shall be deemed just cause for the revocation of the permit.

b. Failure of the applicant or a permit holder to comply with any of the provisions of the permit, this title or applicable state law, or the rules and regulations of the administrator shall be deemed just cause for the denial of any permit, either original or renewal, or for revocation of a permit.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) No person shall have, keep or maintain, or have in his possession or control, any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, wolf hybrid, monkey or any poisonous or venomous reptile of any kind, or any wild or exotic, dangerous or carnivorous wild animal or reptile without first applying to and receiving from the administrator an animal control permit.

(b) In addition to the standards applicable to animal establishments, the administrator may deny or revoke such permit for the keeping of a wild or exotic animal upon finding the following:

(1) The animal which is the subject of the application may not be kept or maintained without endangering the safety of any person or persons or property; or

(2) The keeping of the animal would constitute a public nuisance; or

(3) The animal would be subject to suffering, neglect, cruelty or abuse.

(c) The administrator, in his discretion, may condition issuance of the permit upon specific requirements that require the animal be properly caged, tethered or restrained in facilities that meet or are in addition to, or more restrictive than state or federal guidelines or regulations relating to design and maintenance of zoo facilities.

(d) Except as otherwise provided for in this chapter, no permit shall be required for the keeping of any wild or exotic animals in the following circumstances:

(1) No permit shall be required for the keeping of any wild or exotic animal by any zoo, university, college, governmental research agency or other bona fide scientific institution engaging in scientific or public health research. For the purposes of this chapter, a zoo shall be considered any organization which exhibits animals that are not for sale to private individuals to the general public at regular specified hours.

(2) No permit shall be required for the keeping of any animal which may not be domesticated and may be exotic but which is commonly kept as a household pet and lawfully sold in pet shops. Examples of such wild or exotic pets include, but are not limited to, tarantulas, lizards, iguanas, chinchillas, and other small pets lawfully sold and obtained.

(e) Notwithstanding any other provision of this chapter, and without limiting any other criteria upon which the administrator may deny or condition issuance of an animal control permit, the administrator may deny an animal control permit in any of the following circumstances:

(1) In the case of F1 (first) generation wolf hybrids, canis familiaris (domestic dog) x canis lupus (wolf), if the animal was whelped after February 4, 1988.

(2) In the case of F1 generation wolf hybrids whelped on or before February 4, 1988, if a copy of the state Department of Fish and Game permit issued pursuant to 14 Cal. Code Regs. § 671(c)(2)(K)(2)(a) is not submitted with the application for the animal control permit.

(f) Notwithstanding any other provision of this chapter, and without limiting any other criteria upon which the administrator may deny or condition issuance of an animal control permit, the administrator may deny an animal control permit for any F1 generation wolf hybrid, or any progeny thereof, that is not licensed and vaccinated in accordance with Gilroy Municipal Code sections 4.27—4.29.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995; Ord. No. 96-3, § 1, 3-4-1996)

§ 4.46. through § 4.49. (Reserved)