Laguna Woods Municipal Code Ch. 5.10 Commercial Establishments

Footnotes:

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State Law reference— Pet shops, Penal Code § 597l.

No person shall conduct or operate within the City any commercial breeding or boarding kennel or cattery, pet shop, grooming parlor, commercial stable, riding academy, pony ride, guard-dog and/or sentry-dog service, zoo, animal menagerie, animal exhibition, rodeo, circus, pet show or miscellaneous animal or reptile establishment, or operate as an animal dealer, without first obtaining a license from the Animal Services Manager. 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.

(Ord. No. 00-07, § 2(6.12.010), 10-18-2000)

Because of the need to adequately protect animals within kennels from unhealthy conditions and practices, and the interest of society in curbing and preventing inhumane practices, reasonable inspection requirements dictate that the Animal Services Manager, or designee, shall have the right to inspect at reasonable times. As a condition of the issuance of a kennel license, each operator shall agree to allow such inspection; such acknowledgement shall be made a part of the application and file. Each kennel for which a kennel license has been issued shall be inspected at intervals determined by the Animal Services Manager, or designee.

(Ord. No. 00-07, § 2(6.12.016), 10-18-2000)

Each application for a license or permit required by this chapter shall be in writing upon a form to be furnished by the Animal Services Manager or designee, and shall contain such information as the Animal Services Manager shall require.

(Ord. No. 00-07, § 2(6.12.020), 10-18-2000)

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

(Ord. No. 00-07, § 2(6.12.030), 10-18-2000)

The Animal Services Manager, or designee, shall conduct an inspection of the intended business location and facilities and prepare a report for inclusion with the application for an original license or a renewal. He may issue a license to the applicant if he finds that:

(1) The keeping of animals, or the conduct of operation of the business for which the license is requested, at the place set forth in the application, will not violate any law or ordinance of the City, or any law of the state;

(2) The keeping of animals, or the conduct or operation of the business for which the license is requested, will not endanger the health, peace or safety of the community;

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

(4) The applicant has not had a similar license revoked within one year prior to the application.

(Ord. No. 00-07, § 2(6.12.040), 10-18-2000)

Licenses and permits issued under the provisions of this chapter shall expire on a date specified in by resolution of the City Council. The license or permit may be removed or suspended for cause in accordance with this chapter prior to the expiration date. The license or permit shall become void if the holder thereof change the location of his place of business or sells, assigns, transfers or otherwise disposes of such business or his interest therein for a period of 30 days or more.

(Ord. No. 00-07, § 2(6.12.050), 10-18-2000)

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

(Ord. No. 00-07, § 2(6.12.060), 10-18-2000)

(a) Any license or permit issued under the provisions of this chapter may be removed or suspended if the Animal Services Manager finds that:

(1) The licensee, his agent or employee has been convicted of any offense involving the violation of Penal Code § 596, Penal Code § 597, Penal Code § 598, and Penal Code § 599, or of any provision of this chapter;

(2) The licensee, his agent or employee has, at the place for which the license was issued, failed to provide any animal in his possession, care or control with proper and sufficient food, drink, shelter or protection, or subjected any such animal to suffering, cruelty or abuse;

(3) The licensee, his agent or employee failed to maintain the premises in a clean and sanitary condition;

(4) The licensee, his agent or employee has violated any rule or regulation made pursuant to the provisions of this chapter; or

(5) The licensee has falsified facts on the license application.

(b) If a license has been denied or revoked for cause, the Animal Services Manager shall not accept a new application by the same person for the same activity at the same location less than six months after such denial or revocation, unless the applicant affirmatively shows and the manager finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the license was revoked no longer exist. On revocation of a license, no part of the fee is refundable.

(Ord. No. 00-07, § 2(6.12.070), 10-18-2000)

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

(Ord. No. 00-07, § 2(6.12.080), 10-18-2000)

(a) The holder of a commercial kennel or grooming parlor license shall keep available for inspection on the premises a record showing the name, current address and telephone number of the owner of each animal kept at the kennel or parlor, the date such animal entered the kennel or parlor, the reason for such animal being kept at the kennel or parlor, the description of the animal, including age, name, breed, sex and color, and the name of the veterinarian approved by the owner.

(b) Licensees shall further maintain some type of animal or cage identification system by which the required records can be related to individual animals.

(Ord. No. 00-07, § 2(6.12.090), 10-18-2000)

At any time that there are more animals than a kennel or cattery license allows, the person operating such kennel or cattery must obtain a new license permitting the keeping of the greater number of animals. The former license shall be canceled and a credit for the canceled license fee shall be allowed on the new license.

(Ord. No. 00-07, § 2(6.12.100), 10-18-2000)

The Animal Services Manager may, in the rules and regulations promulgated pursuant to this chapter, establish reasonable standards requiring any place for which a license 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 license on the filing of the application.

(Ord. No. 00-07, § 2(6.12.110), 10-18-2000)

Each commercial establishment shall have posted, in such a place as to be legible from the exterior of the building, the names, addresses and telephone numbers of persons to be notified in case of emergency.

(Ord. No. 00-07, § 2(6.12.120), 10-18-2000)

Every person who owns, conducts, manages or operates any commercial animal establishment for which a license is required shall comply with each of the following conditions:

(1) Sale of puppies and kittens.

a. No puppy or kitten under the age of eight weeks shall be brought or shipped into the City for purposes of resale, and no such puppy or kitten shall be offered for sale by any pet shop or dealer.

b. Every puppy or kitten offered for sale 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 disease or conditions which would be injurious to the animal or a potential owner.

c. Every puppy or kitten offered for sale shall have been vaccinated against distemper. A certificate providing the date and treatment shall be provided to the purchaser at the time of sale.

(2) Transport of animals. No animal shall be transported by a commercial kennel, Pet 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.

(3) Health and safety.

a. All animals shall be kept in such a manner as may be prescribed to protect public safety.

b. No animal shall be without attention for longer than 18 consecutive hours.

c. Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or 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, temperamentally unsuited, or otherwise incompatible shall not be quartered together or so near each other as to cause injury or torment. Antibark collars and sedatives are not to be used on any animal without the written consent of the owner.

d. Ample and healthful food and potable water, as well as adequate facilities for the sanitary storage of same, shall be provided.

e. Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals.

f. Any animal shall be taken to the Veterinarian for treatment by the Animal Services Manager in order to maintain the health of the animal.

g. No animal bearing evidence of malnutrition, ill health or unhealed injury, or having been kept in an unsanitary condition, shall be displayed to the public; except the Animal Services Manager may authorize such display at City-operated facilities for the purpose of public education.

(4) Feeding and watering.

a. Animals shall be provided food which shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirement for the condition and size of the animal.

b. Food receptacles shall be accessible to all animals and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be sanitized at least once every two weeks. Disposable food 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 sanitized regularly to prevent molding, deterioration or caking of food.

c. Clean potable water shall be available to the animals in conformance with the principles of good animal husbandry unless restricted for veterinary care. Watering receptacles shall be kept clean and shall be sanitized at least once every two weeks.

(5) Facilities.

a. Every building or structure wherein animals are maintained shall be constructed of easily cleaned material and shall be kept in a structurally sound and sanitary condition.

b. All animal rooms, cages, kennels, shipping containers, and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. As a minimum, sufficient space shall be provided for every animal within an enclosure to, separately and together, stand up, lie down, and turn around in a natural position.

c. Heating and cooling shall be provided as required, according to the physical needs of the animals. When the atmospheric temperature falls below 50 degrees Fahrenheit, sufficient clean bedding material or other means of protection from the weather shall be provided.

d. Adequate ventilation shall be provided for the health and comfort of the animals at all times. Facilities shall be provided with fresh air by means of windows, doors, vents, or air conditioning and shall be so ventilated as to minimize drafts, odors, and condensation of moisture. Auxiliary ventilation, such as exhaust fans or vents or air conditioning shall be provided when the temperature at the level of the animals is 85 degrees Fahrenheit or higher.

e. Sufficient light shall be provided to permit routine observation of animals and proper cleaning of the facilities.

f. A suitable method shall be provided to rapidly eliminate excess water. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and properly installed so as to prevent any backup of sewage onto the floor of the cage.

g. In the case of animals kept outdoors, sufficient shade shall be provided to prevent overheating or discomfort from sun exposure. These animals shall also be provided with access to shelter to allow them to remain dry during inclement weather.

(6) Sanitation.

a. All animal feces, excreta and wastes shall be removed as often as necessary, at least daily, to prevent contamination of the animals and to reduce disease hazards and odors. If disposal is by other than a sanitary sewerage system, dead animals, manure, and waste shall be stored in fly-tight containers until removed. When a hosing or flushing method is used for cleaning, any animal contained in the enclosure shall be protected during the cleaning process, and adequate measures shall be taken to protect animals in other enclosures from being contaminated with water and other wastes. Rugs, blankets, or other bedding material shall be kept clean and dry.

b. Prior to the introduction of animals into empty primary enclosures previously occupied, such enclosures shall be sanitized in the manner provided herein. Enclosures shall be sanitized often enough to prevent an accumulation of debris or excreta, or a disease hazard, provided, however, that such enclosures shall be sanitized at least once a week in the following manner: Cages, rooms and hard surfaced pens or runs shall be sanitized by washing them with hot water (180 degrees Fahrenheit) and soap or detergent or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand or dirt shall be sanitized by removing the soiled gravel, sand or dirt and replacing it as necessary.

c. Premises (building and grounds) shall be kept clean and in good repair in order to protect the animal from injury and to facilitate the prescribed husbandry practices. Premises shall remain free of accumulation of trash.

d. Adequate and effective vector control shall be established and maintained at all times.

(Ord. No. 00-07, § 2(6.12.130), 10-18-2000)

In addition to conditions set forth in Section 5.10.140, the following shall be required for commercial dog kennels:

(1) Fencing. The exterior of the kennel area shall be completely fenced or otherwise enclosed.

(2) Runs.

a. Sizes. All commercial kennels shall provide dog runs. Each single run shall have a minimum floor area of 18 square feet, not including the housing area, and a minimum width of three linear feet. Each dog confined in such run shall be provided a minimum square footage of floor space equal to twice the mathematical square of the sum of the length of the dog in inches, as measured from the tip of nose to base of tail, plus six inches, expressed in square feet. Dogs belonging to different owners shall not be housed or penned together without the approval of all owners concerned.

b. Construction. Runs shall be constructed so as to effectively enclose the dogs housed therein. Construction shall permit ready observation and handling of dogs confined, as well as ease of cleaning.

(3) Housing.

a. Size. Enclosures shall comply with one of the following:

i. Permanent housing. The run must be contiguous with the enclosure or other shelter which is continuously accessible and shall provide each dog housed therein sufficient space to stand up, lie down and turn around in a natural position.

ii. Temporary housing. For animals being transported in a vehicle, held at a pet show, kept in a pet shop or otherwise temporarily housed for not more than 72 hours, sufficient space shall be provided for each dog to stand up, lie down and turn around in a natural position. After each 12 hours of confinement in such an enclosure, the dog must be removed to an exercise area of not less than 16 square feet, for at least one hour.

iii. Construction. All enclosures shall be structurally sound and maintained in good repair to protect the dogs from injury, to contain them and to keep predators out. If the floor is solid and the dog cannot exit at will, the floor shall be covered with absorbent material.

(4) Vaccinations.

a. All dogs on the premises shall have been properly vaccinated against rabies. For each dog on the premises a valid and current rabies certificate shall be maintained on the premises at all times.

b. All commercial kennels hereafter licensed shall require written confirmation of immunization against distemper, hepatitis, parovirus, and leptospirosis before accepting dogs for boarding or breeding.

(Ord. No. 00-07, § 2(6.12.140), 10-18-2000)

In addition to the conditions set forth in Section 5.10.140, the following shall be required for commercial catteries:

(1) Fencing. The exterior of the cattery area shall be completely enclosed so as to contain and protect cats from predators.

(2) Enclosure sizes. Each single enclosure shall have a minimum of eight square feet including the shelving areas, and shall be not less than two linear feet in width. Each cat confined in such enclosure shall be provided a minimum square footage of floor space equal to twice the mathematical square of the sum of the length of the cat in inches, as measured from tip of nose to base of tail, expressed in square feet.

(3) Enclosure construction. Enclosures shall be constructed to effectively contain the cats housed therein. Construction shall permit the ready observation and handling of cats confined, as well as ease of cleaning. There shall be provided elevated solid resting shelves or surfaces of adequate size to comfortably hold all occupants of the enclosure at the same time. The enclosure shall contain clean drinking water and a receptacle containing sufficient clean litter to contain excreta.

(4) Vaccinations. All commercial catteries hereafter licensed or relicensed shall require written confirmation of immunization against panleukopenia before accepting cats for boarding or breeding.

(Ord. No. 00-07, § 2(6.12.150), 10-18-2000)