Los Altos Municipal Code Ch. 5.24 Pet Shops, Kennels and Other Animal Facilities

No person shall conduct, operate, or keep any pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter, or horse establishment without first obtaining an appropriate permit from the administrator. The annual permit fee shall be fixed by resolution of the city council.

(Prior code § 5-1.201)

A.

An application for a permit to operate and keep a pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter, horse establishment, or dangerous animal 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:

The maximum number and species of animals to be kept or maintained on the premises;

The construction, sanitation, and maintenance of facilities; and

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 provided pursuant to this chapter.

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.

(Prior code § 5-1.202)

Every person who owns, conducts, manages, or operates any pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter, or horse establishment shall comply with each of the following conditions:

A.

Housing.

Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals or the escape of animals so contained therein.

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 the physical need of the animals, with sufficient light to allow the observation of animals.

All animal rooms, cages, kennels, runs, stalls, and corrals shall be of sufficient size to provide adequate and proper accommodation and protection from the weather for the animals kept therein.

All animal facilities shall be constructed and operated in a manner that reasonably protects the public health and the safety of animals.

B.

Sanitation. All animal facilities shall be maintained and operated at all times in a clean and sanitary condition and in a manner that avoids causing odors, or the attraction of flies and vermin, and excessive noise.

C.

Care of animals.

All animals shall be supplied with a quantity of wholesome food suitable for the species and age of the respective animals, as often as the feeding habits of such animals require, sufficient to maintain a reasonable level of nutrition. All animals shall have available to them sufficient potable water. Food and water shall be served in separate, clean receptacles.

No animal, except those animals in a pasture provided with adequate feed and water, shall be without attention for more than twenty-four (24) consecutive hours. The name, address, and telephone number of a person responsible for the animal shall be posted in a conspicuous place, visible from outside the facility, or at the main gate of a pasture where animals are kept, unless the owner or attendant of the animals is immediately available on the premises.

All sick, diseased, or injured animals shall be isolated from healthy animals at all times and shall be given proper medical treatment. The administrator may order the operator of the facility to immediately seek licensed veterinarian treatment for any animal.

All animals shall be treated in a humane mariner.

D.

Compliance.

The administrator or his authorized representative shall have the authority to enter the animal facility, except by means of force, when he has reason to believe that the provisions of the permit or this chapter, applicable state laws, or the rules and regulations of the administrator are being violated. The failure of the operator to consent to the entry shall be deemed just cause for the revocation of the permit.

Failure of an applicant or a permit holder to comply with any of the provisions of the permit or this chapter, or applicable state laws, or the rules and regulations of the administrator shall be deemed just cause for the denial of any permit, either original or renewal, or for the revocation of a permit.

(Prior code § 5-1.203)

A.

Any permit issued under this chapter shall expire twelve (12) months after 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 an application for the renewal of a permit within thirty (30) days after the expiration of a permit, or prior thereto, the applicant shall pay, in addition to the permit fee, a ten dollar ($10.00) penalty for late renewal.

(Prior code § 5-1.204)

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

A.

Whenever he determines by inspection that any animal facility fails to meet any of the conditions of the permit, this chapter, or applicable state laws;

B.

Whenever he has reason to believe that the applicant or permit holder has wilfully withheld or falsified any information required for a permit; or

C.

If the applicant or permit holder has been convicted by a court of law of more than two violations in a twelve (12) month period of this chapter, or state laws relating to animals or public nuisances 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, bail forfeiture shall be deemed to be a conviction of the offense charged.

(Prior code § 5-1.205)

A.

Prior to the 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 a hearing before the administrator within five days after the receipt of such notice if he wishes to challenge the denial or revocation.

B.

The administrator shall set the time and place for a hearing and shall cause notice of such hearing to be ma led to the person requesting such hearing at least five days before the date of the hearing. The hearing shall be conducted according to Section 5.20.060 of Chapter 5.20.

(Prior code § 5-1.206)

If a permit has been denied or revoked, the administrator shall not accept a new permit application from the same person for the same activity at the same location less than six (6) months after such denial or revocation, unless the applicant shows, and the Administrator finds by inspection and/or investigation, that the grounds upon which the first application was denied or the permit revoked no longer exist.

(Prior code § 5-1.207)

Permits issued pursuant to the provisions of this chapter shall not be transferable.

(Prior code § 5-1.208)

As a condition to the issuance or renewal of a permit under this chapter, the administrator or his authorized representative shall have the authority to inspect at any reasonable time the animal facility.

(Prior code § 5-1.209)