Gustine Municipal Code Art. 4 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.

(a) No person shall have, keep or maintain, or have in 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 an animal control permit from the administrator.

(b) In addition to the standards applicable to animal establishments, the administrator may deny or revoke such permit 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 property;

(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 has the discretion to condition issuance of the permit upon specific requirements that 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.

(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 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 years.

Application and annual fees for permits required by this article shall be as established by resolution.

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

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

(1) Whenever the administrator 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 willfully 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 misdemeanor violations in a 12-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 years. For the purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(b) 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 days after receipt of such notice if the applicant wishes to challenge the denial or revocation. The administrator shall set the time and place for the hearing and cause notice of such hearing to be mailed to the person requesting such hearing at least ten days prior to the date of hearing. The hearing may be held by the administrator or other designated hearing examiner. At the hearing, the applicant and the animal control division may be represented by counsel, may present oral and written evidence, and may examine witnesses. Any relevant evidence may be admitted and strict rules of evidence need not apply. The decision of the examiner shall be written and based entirely on the record. The hearing examiner shall issue his or her decision within ten business days from the date of the hearing and that decision shall be final.

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

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

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