Irvine Municipal Code Ch. 5 Commercial Establishments

No person shall conduct or operate within the City any commercial breeding or boarding kennel or cattery, commercial aviary, domestic animal care facility, pet shop, grooming parlor, commercial stable, riding academy, pony ride, guard dog and/or sentry dog service, commercial animal rescue shop, zoo, animal menagerie, animal exhibition, circus featuring animals not otherwise prohibited by Section 4-5-1112, pet show, miscellaneous animal reptile establishment, or operate as an animal dealer, without first obtaining an animal establishment permit from the Director of Public Safety or his or her designee in accordance with the provisions of this chapter. For the purpose of this section, guard dog and/or sentry dog services located outside the City but providing service within the City on a regular basis shall be included. In addition to the permit required by this chapter, each commercial establishment shall:

1. Obtain and maintain a valid City business license in accordance with Division 18 of Title 1;

2. Obtain, where applicable, a conditional use permit as required by Zoning Ordinance Section 3-3-1; and

3. Comply with any applicable federal, State, or local law, regulation, or ordinance.

(Ord. No. 09-10, § 1, 9-22-09; Ord. No. 11-14, § 12, 10-25-11; Ord. No. 23-19, § 4, 8-8-23)

Each application for a license or permit required by this chapter shall be in writing upon a form to be furnished by the Director of Public Safety or his or her designee, and shall contain such information as the Director of Public Safety or his or her designee shall require. Applications for an animal establishment permit shall be submitted at minimum 30 days in advance of the projected start date of the operation of the establishment or event. Applications may be accepted at less time than the minimum time period indicated at the discretion of the Director of Public Safety or his or her designee.

(Ord. No. 09-10, § 1, 9-22-09)

The fee for a license or permit required by the provisions of this chapter shall be set by resolution of the City Council, which may be amended from time-to-time, and shall be paid to the City of Irvine before a license is issued. Thereafter, unless otherwise provided, each fee shall be paid annually in accordance with such resolution.

(Ord. No. 09-10, § 1, 9-22-09)

The animal services officer shall conduct an inspection of the intended business location and facilities and prepare a report for inclusion with the application for an original animal establishment permit or a renewal. The officer's report and recommendations shall be submitted to the Director of Public Safety or his or her designee. The Director of Public Safety or his or her designee may issue an establishment permit to the applicant if he or she makes all of the following findings:

A. The keeping of animals, or the conduct of operation of the business for which the animal establishment permit is requested and at the place set forth in the application, will not violate any applicable federal, State, or local law, regulation or ordinance; and

B. The keeping of the animals, or the conduct or operation of the business for which the animal establishment permit 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 animal establishment permit denied or revoked by the City within one year prior to the application; and

E. The applicant has not been convicted of any offense involving the violation of California Penal Code §§ 596 through 599, inclusive, or any successor statutes to such laws, or any provisions of this chapter, or any applicable federal, State, or local law, regulation, or ordinance; and

F. The City has not denied for cause a similar application by the applicant for an animal establishment permit or revoked a previously issued animal establishment permit at the same location within the six months immediately preceding the current application, unless the applicant affirmatively shows and the Animal Services Supervisor finds, by inspection and/or investigation, that the grounds upon which the previous application was denied no longer exists; and

G. The applicant demonstrates the ability to comply with such other conditions as required by the Director of Public Safety or his or her designee that are consistent with the intent of this chapter.

Permits issued pursuant to this chapter for certain temporary special events may be given preliminary approval pending an on-site inspection by an animal services officer when the inspection must be done on the day of the event.

If the Director of Public Safety or his or her designee finds that one or more of the conditions set forth above are not satisfied, he or she shall deny the permit or license. The applicant shall be notified in writing by the Director of Public Safety whether or not the permit has been granted or denied. Such notice shall be delivered to the applicant in person or by first class mail with return receipt requested. A decision of the Director of Public Safety or his or her designee to grant or deny a permit or license may be appealed by the applicant as provided in Chapter 14 of this Division.

(Ord. No. 09-10, § 1, 9-22-09)

Permits issued under the provisions of this chapter shall expire on the date specified in the permit. The permit may be revoked or suspended for cause prior to the expiration date in accordance with Section 4-5-508 of this chapter. The 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. No. 09-10, § 1, 9-22-09)

A. No commercial establishment shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the City.

B. Reserved.

C. This section shall not apply to:

1. A commercial animal rescue shop that offers dogs or cats for an adoption fee;

2. A publicly operated animal control facility or animal shelter;

3. A private, charitable, nonprofit humane society or animal rescue organization; or

4. A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet shop.

D. Nothing in this section shall prevent a pet shop 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 pet shop for the purpose of adopting those animals to the public.

(Ord. No. 11-14, § 4, 10-25-11)

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

(Ord. No. 09-10, § 1, 9-22-09)

Failure to comply with the requirements set forth in any permit issued under the provisions of this chapter is a violation of this Municipal Code subject to the enforcement and revocation or suspension procedures as prescribed and set forth in Chapter 13 of this division. A permit issued under the provisions of this chapter may be revoked or suspended upon failure of the permittee to comply with:

1. Any of the conditions or terms of approval of such license or permit; or

2. Any applicable federal, State or local law, regulation or ordinance in the exercise of any rights under said permit.

(Ord. No. 09-10, § 1, 9-22-09)

All permits issued under the provisions of this chapter shall be displayed in a conspicuous place on the licensed premises.

(Ord. No. 09-10, § 1, 9-22-09)

The holder of an animal establishment permit issued pursuant to this chapter shall keep available for inspection on the premises covered by such permit a record of each animal kept at such establishment. Said record shall contain, but not be limited to, the following information:

1. The name, current address and telephone number of the owner of each animal;

2. The description of the animal, including breed or species, age, name, sex, and color;

3. The date the animal entered the establishment;

4. The reason for the animals stay at the establishment;

5. The name of a veterinarian approved by the owner to provide care and/or treatment for the animal; and

6. An emergency contact person and telephone number.

In addition to the foregoing requirements, the owner or person overseeing the establishment shall comply with all applicable City, State or federal regulations pertaining to the keeping of records for which a permit has been granted.

(Ord. No. 09-10, § 1, 9-22-09)

At any time there are more animals than a commercial establishment permit allows, the person operating such establishment must obtain a new permit that allows the keeping of the greater number of animals. The former permit shall be cancelled and a credit for the cancelled permit fee shall be allowed on the new permit.

(Ord. No. 09-10, § 1, 9-22-09)

The Director of Public Safety or his or her designee may, in the rules and regulations promulgated pursuant to this chapter, establish reasonable standards requiring any place for which a permit 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 permit on the filing of the application.

(Ord. No. 09-10, § 1, 9-22-09)

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. No. 09-10, § 1, 9-22-09)

Every person who owns, conducts, manages or operates any commercial animal establishment or commercial animal rescue shop for which a permit is required pursuant to this chapter shall comply with each of the following conditions:

A. No dog or cat under the age of eight weeks shall be bought or shipped into the City for the purpose of adoption, and no such dog or cat shall be offered for adoption by any dealer or commercial animal rescue shop.

B. Every dog or cat offered for an adoption fee 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 condition which would be injurious to the animal or a potential owner.

C. Every dog or cat offered for an adoption fee shall have been vaccinated against distemper and parvo. A vaccination record providing the date of vaccination, lot number, and manufacturer must be provided to the person adopting the puppy or kitten 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 more than 18 consecutive hours.

F. Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means. Any tack, equipment, device, substance, or material that is or could be injurious or cause unnecessary cruelty to any animal is prohibited. Animals which are natural enemies or are temperamentally or otherwise are incompatible shall not be housed or quartered together or so near each other as to cause injury or torment.

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 material 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 animal services officer or any person authorized to enforce this chapter finds such treatment is necessary in order to maintain the health of the animal and orders the owner or custodian to do so. When the owner or custodian is unable or unwilling to transport an animal for such treatment, the animal may be impounded pursuant to this chapter for the purpose of having it examined and/or treated by a licensed veterinarian in order to maintain the health of the animal. The cost of impoundment and the veterinarian expenses shall be the responsibility of the owner or custodian.

J. All animal rooms, cages, kennels, shipping containers, and runs shall be of a 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 free of obstruction.

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.

L. Clean potable water shall be available to all animals in conformance with the principles of good animal husbandry unless restricted by a veterinarian. Proof of such veterinarian restrictions shall be presented to the animal services officer upon request. Water receptacles, containers or dispensers shall be kept in a clean and sanitary state at all times.

M. Food receptacles shall be accessible to all animals unless restricted by a veterinarian and shall be located so as to minimize contamination by excreta. Proof of any veterinarian restrictions shall be presented to the animal services officer upon request. Food contaminated by urine shall be discarded and replaced with fresh uncontaminated food. Disposable receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be kept clean and free of mold, deterioration and the caking of food.

N. Any other applicable federal, State, or local law, regulation or ordinance.

(Ord. No. 09-10, § 1, 9-22-09; Ord. No. 11-14, § 13, 10-25-11)

Any decision of the Director of Public Safety or the Animal Services Supervisor, or their respective designee(s), under the provisions of this chapter may be appealed in accordance with the procedures prescribed and set forth in Chapter 14 of this division.

(Ord. No. 09-10, § 1, 9-22-09)