Irvine Municipal Code Ch. 6 Private Establishments

No person may maintain a private kennel, aviary or stable on any property without first obtaining a permit for a private kennel, aviary or stable from the Director of Public Safety or his or her designee. Any person desiring to obtain such a permit must file an application on a form provided by the City with the Director of Public Safety or his or her authorized representative containing such information as the Director of Public Safety or his or her designee shall require.

(Ord. No. 09-10, § 1, 9-22-09)

No person may maintain a private or commercial kennel or a private or commercial aviary on any residentially zoned property or within 300 feet of any residentially zoned property unless expressly permitted by zoning regulations; nor, unless expressly permitted by zoning regulations, may any person maintain a stable (private or commercial) on any residentially zoned property or within 300 feet of any residentially zoned property. All provisions of the Zoning Code of the City shall govern the issuance and validity of any permit issued pursuant to this chapter.

(Ord. No. 09-10, § 1, 9-22-09)

A. The animal services officer may, after inspection of those animals and facilities for which the private kennel/aviary/stable permit is requested, and after review of any received community input, or other related information pertaining to the operation of the private kennel, aviary or stable, recommend that such permit be issued and determine the number of animals to be maintained under that permit. The Director of Public Safety or his or her designee may issue a permit to the applicant, if he or she finds that all of the following conditions have been satisfied:

1. The keeping of animals in the manner and at the place set forth in the application will not violate any applicable federal, State or local law, regulation, or ordinance; and

2. The keeping of animal will not endanger the health, peace or safety of the community; and

3. The premises and establishment where animals are to be kept are in a clean and sanitary condition, and the animals will not be subject to suffering, cruelty or abuse; and

4. The applicant has not had a similar permit denied or revoked within six months of the current application being filed and meets the criteria set forth in Section 4-5-613 of this chapter; and

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

6. The applicant has at no time failed to provide any animal in his or her possession, care or control with appropriate certification or licenses and sufficient food, drink, shelter, or protection, or subjected any animal to suffering, cruelty or abuse; and

7. Such other conditions as are consistent with the intent of this chapter and as are deemed appropriate by the Director of Public Safety or his or her designee.

B. 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.

C. A decision of the Director of Public Safety or his or her designee to grant or deny a permit may be appealed by the applicant. All appeals shall be made as prescribed under Section 4-5-614 of this chapter.

(Ord. No. 09-10, § 1, 9-22-09)

Permits issued under the provisions of this chapter shall expire one year from the date of issuance. The permit may be revoked for cause prior to the expiration date as provided in this chapter. The private kennel/aviary/stable permit is valid only for operation and maintenance of a private kennel/aviary/stable at the property where the permit was initially issued and shall be void upon the transfer of the private kennel/aviary/stable to another property. All private kennel, aviary or stable permits issued pursuant to previous provisions of this chapter are hereby rendered void and new applications for the operation and maintenance of any and all private kennels, aviaries and stables in the City of Irvine shall be made pursuant to the currently effective provisions of this chapter.

(Ord. No. 09-10, § 1, 9-22-09)

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

(Ord. No. 09-10, § 1, 9-22-09)

At any time there are more animals than a private kennel/aviary/stable permit allows, the person operating the private kennel/aviary/stable must obtain a new permit providing for the keeping of a greater number of animals. The former permit shall be canceled and a fee credit for the canceled permit shall be allowed on the new permit fee.

(Ord. No. 09-10, § 1, 9-22-09)

The applicant for a private kennel/aviary/stable permit shall pay a nonrefundable permit fee, as established by resolution of the City Council, which may be amended from time-to-time, to cover the cost of processing the permit application, and shall also pay the registration fees for each animal maintained in the private kennel, aviary or stable.

(Ord. No. 09-10, § 1, 9-22-09)

At least five days prior to the date upon which the application for a private kennel/aviary/stable permit is to be acted upon by the Director of Public Safety or his or her designee, the Director of Public Safety or his or her designee shall see that notice of the application and pending decision date for the private kennel/aviary/stable permit is published in a newspaper of general circulation.

(Ord. No. 09-10, § 1, 9-22-09)

Any person who has obtained a private kennel/aviary/stable permit pursuant to this division shall keep available for inspection on the premises his or her permit and a record of the animals for which the permit has been issued, by name, breed, sex, color and age. In addition, at the time he or she files an application for a permit with the Director of Public Safety or his or her designee, the applicant shall also provide the name, address and telephone number of a person residing at a different address from the applicant who can be contacted in case of an emergency to assume the care of the animals for which the permit has been issued.

(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 licensee or 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 license or permit.

(Ord. No. 09-10, § 1, 9-22-09)

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

A. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. Heating, cooling and proper ventilation shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation.

B. All rooms, cages, kennels, 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.

C. 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 restriction 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.

D. Food receptacles shall be accessible to all animals unless excessive access to unlimited food is unhealthy or food accessibility is restricted altogether by a licensed veterinarian. Food receptacles shall be located so as to minimize contamination by urine or excreta. Proof of any veterinarian restrictions shall be presented to the animal services officer upon request. Food contaminated by urine or feces 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.

E. No animals shall be without attention for more than 18 consecutive hours.

F. Every private establishment for which a permit is issued shall isolate sick animals sufficiently so as not to endanger the health of other animals.

G. Any animal shall be taken to a veterinarian for examination and possible treatment if the animal services officer or any person authorized to enforce this chapter finds that 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.

H. Every reasonable precaution shall be taken 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 incompatible shall not be housed or quartered together or so near each other as to cause injury or torment.

I. Any other conditions as deemed appropriate by the Director of Public Safety or his or her designee may be implemented at his or her discretion to ensure public safety, the safety of other animals and the reasonable peace and comfort of the inhabitants of the neighborhood where the permit location was authorized to operate.

J. All applicable federal, State or local laws, regulations or ordinances pertaining to the animals and/or permit issued.

(Ord. No. 09-10, § 1, 9-22-09)

If a private kennel/aviary/stable permit has been denied or revoked for cause, the Director of Public Safety or his or her designee shall not accept a new application for the same activity at the same location or an application by the same applicant at a different location less than six months after such denial or revocation, unless the applicant affirmatively shows and the animal services officer finds, by inspection and/or investigation, that the grounds upon which the application was denied or the permit revoked no longer exists.

(Ord. No. 09-10, § 1, 9-22-09)

Any decision of the Director of Public Safety or his or her designee 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)