Hesperia Municipal Code Ch. 6.12 Commercial Animal Facilities

A commercial animal facility is any building, structure, enclosure, property, or premises whereupon dogs, cats, or other animals exceeding the zoning allowances are kept or maintained for any purpose. This section does not apply to wild birds unless they are contained on the property. This section shall mean any kennel, cattery, pet shop, grooming parlor, zoo, menagerie, breeding or boarding facility, aquarium, game bird farm, and any other place where animals allowed by the development code are exceeded.

(Ord. 2002-08 Exh. C (part), 2002)

No person shall, within the city, operate a commercial animal facility without first obtaining a license from the city. The license form shall be available from animal control and shall not be deemed approved until an inspection by the enforcement officer verifies that all city requirements are met.

(Ord. 2002-08 Exh. C (part), 2002)

An application for a license to operate a commercial animal facility shall be made in writing to the city on a form provided by the city. Prior to issuing said license, the enforcement officer will inspect the facilities for compliance with all general requirements. No license shall be issued or renewed unless all general requirements relating to animal facilities are met and a fee, established by the city council, has been received. Each license shall be renewed annually. Each commercial animal facility shall provide evidence that they possess a city business license prior to applying for the commercial animal facility license.

(Ord. 2002-08 Exh. C (part), 2002)

Every person within the city who owns, conducts, manages, or operates any commercial animal facility, for which a license is required by this chapter, shall comply with each of the following conditions:

A. Housing facilities for animals shall be maintained in good repair to protect animals from injury and restrict entrance of other animals.

B. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition. Waste shall be removed and disposed of properly, at least, daily.

C. All animals shall be supplied with sufficient good wholesome food and water as often as the feeding habits of the respective animals require.

D. When dogs are maintained commercially, runs shall be provided.

1. Runs shall be enclosed with chain link, concrete block or other suitable material.

2. Indoor runs shall have floors constructed of concrete or asphalt and sloped one-quarter inch per foot to a drain or drain way.

3. Drains shall be constructed in conformance with the city's adopted plumbing code and shall drain into an approved sewage disposal system.

4. Outdoor runs may have floors of four-inch nominal thickness pea gravel.

E. All reasonable precautions shall be taken to protect the public from the animals and animals from the public. At least two gates must be passed through from public areas to the animal areas.

F. 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 physical needs of the animals.

G. All animal rooms, cages and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein.

H. All animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the enforcement officer.

I. Every precaution shall be taken to avoid the production of nuisances and any hazard to the public health as a result of the presence of these wild, dangerous, and/or exotic animals.

J. Every violation of applicable regulations shall be corrected within a reasonable time to be specified by the enforcement officer.

K. Failure of the applicant for said license to comply with any of the foregoing conditions shall be deemed just cause for the revocation of any license, whether original or renewal.

(Ord. 2002-08 Exh. C (part), 2002)

A. Any license issued under this chapter shall expire at the end of the fiscal year (June 30).

B. License renewal shall be subject to the same conditions as issuance of any original license.

C. A commercial animal facility license may be suspended for cause whenever it is determined from an inspection that the general requirements listed in Section 6.12.040, are not being met. Any suspension of a license shall be effective until all conditions of Section 6.12.040 have been complied with. Any inspections to restore a license shall be paid for by the owner or operator of the commercial animal facility at the regular hourly rates as established by city council resolution.

D. A license for a commercial animal facility shall not be transferable, except when the property upon which the business is located, is sold to a new person and the business remains on the original property.

(Ord. 2002-08 Exh. C (part), 2002)

A. All dogs, owned by or under control of the kennel operator, shall be licensed upon attaining the age of four months. All dogs within the kennel shall wear a current license tag or the kennel operator shall have in their possession a current license and certificate of rabies vaccination for each animal in the kennel.

B. Dogs owned by the kennel operator, which are allowed outside the confines of the kennel, shall be individually vaccinated and shall have a current dog license attached to the collar.

C. All kennels, runs, buildings and other equipment and facilities used for the care of dogs shall be cleaned daily and shall be disinfected as necessary to prevent the spread of disease. Boarding kennels shall disinfect all facilities used in the care of dogs between each separate usage.

D. All droppings shall be removed from the kennel daily. Soiled papers and bedding material shall be removed from the kennel as frequently as necessary to maintain the kennel in a clean, sanitary manner. All such waste material shall be disposed of in a manner satisfactory to the animal control officer.

E. It is a violation of this chapter to sell, give away, release, or otherwise dispose of an animal except for euthanasia, which has or is suspected of having or has been exposed to any contagious or infectious disease transmissible to other animals or to man. All such diseases shall be reported to the animal control officer or public health veterinarian.

F. Adequate provisions shall be made for the disposal of dead animals, which shall be satisfactory to the animal control officer.

G. All dogs when sold, adopted, or transferred shall be provided with a copy of the "certificate of vaccination" issued by the veterinarian and shall be advised to secure a dog license tag within thirty (30) days from date of purchase.

H. The requirements of this section shall also apply to humane societies, rescue organizations and pet shops.

(Ord. 2002-08 Exh. C (part), 2002)

A. All cats shall be confined in a cage, room, or similar space and shall not be allowed to run at large. If caged, all cages shall be constructed of fiberglass, stainless steel, or similar materials, shall be designed to permit easy cleaning, and shall occupy at least twelve (12) cubic feet with no dimension less than two feet. Not more than two adult cats shall be placed in a single cage.

B. Cages shall be constructed of wire, or other material, not permitting the cats paws to pass through the material.

C. Each cage or space shall have a scratching post.

D. Shelves shall be provided for resting and sleeping.

(Ord. 2002-08 Exh. C (part), 2002)

Due to the potential for takeover form "Africanized Honey Bees":

A. Apiaries shall not be permitted within the city.

B. Exceptions.

1. A single hive may be allowed when required by a prescription from a licensed medical doctor and used for the treatment of certain diseases.

2. Three or fewer hives may be maintained on agriculturally zoned and owner occupied land when the hives are placed at least three hundred (300) from any street, road or highway, any public school, park, "R" designation boundary or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. The hives must be located and maintained behind barriers (natural or otherwise) of at least six feet in height.

3. A permanent source of fresh water shall be provided within twenty-five (25) feet of any hive.

C. All other apiaries in existence within the city limits on the effective date of this ordinance may be allowed to stay for a period of one year (three hundred sixty-five (365) days) from that date, then must be removed or destroyed.

D. Nuisance Bees. Bees shall be considered a public nuisance when they interfere with the normal use of private or public property or have been involved in a multiple stinging incident of five or more stings to an animal or person. Bees known to be Africanized Honey Bees are declared a public nuisance in any situation.

(Ord. 2002-08 Exh. C (part), 2002)

(Ord. No. 2017-19, § 3(Exh. A), 10-17-17)