Article VI — ANIMAL ESTABLISHMENTS

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 Town Manager. The annual permit fee for the above animal facilities shall be fixed by resolution of the Town Council. Such establishments shall conform to the California Health and Safety Code Part 6, Chapters 1-11.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(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 Town Manager. 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 Town Manager may establish regulations and standards relating to:

(1)

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

(2)

The construction, sanitation and maintenance of facilities; and

(3)

Any other regulations and standards in conformity with and for the purpose of carrying out the intent of this article.

Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any permit provided pursuant to this chapter when approved by the Town Council.

(c)

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 Town Manager upon request.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

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

(a)

Housing:

(1)

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.

(2)

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 observation of animals.

(3)

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

(4)

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

(b)

Sanitation:

(1)

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 attraction of flies and vermin, and excessive noise.

(c)

Care of animals:

(1)

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 portable water. Food and water shall be served in separate, clean receptacles.

(2)

No animal, except those animal(s) 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 animal(s) is immediately available on the premises.

(3)

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

(4)

All animals shall be treated in a humane manner.

(d)

Compliance:

(1)

The Town Manager shall have the authority to enter the animal facility when the Town Manager has reason to believe that the provisions of the permit, this chapter or applicable state law, are being violated. The failure of the operator to consent to the entry shall be deemed just cause for the revocation of the permit.

(2)

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

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18; Ord. No. 2320, § III, 9-7-21)

(a)

Any permit issued under this article shall expire twelve (12) months from 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 application for the renewal of a permit within thirty (30) days of the expiration of a permit, or prior thereto, the applicant shall pay in addition to the permit fee a penalty for late renewal as set by Town Council resolution.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

As a condition to the issuance or renewal of a permit under this article, the Town Manager or authorized representative shall have the authority to inspect an animal facility subject to this article at any reasonable time.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

The Town Manager may deny or revoke any permit issued pursuant to this article in the following situations:

(a)

Whenever determined by inspection that any animal facility fails to meet any of the conditions of the permit, this chapter, or applicable state law.

(b)

Whenever there is reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for a permit.

(c)

If the applicant or permit holder has been convicted by a court of law of more than two (2) violations in a twelve-month period of this chapter, or state laws relating to animals or public nuisance caused by animals, or has been convicted of cruelty to animals in this or any other state within the previous five (5) years. For the purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a)

Prior to denial or revocation of a permit, the Town Manager 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 to the Town Manager within five (5) days after receipt of such notice if the applicant wishes to challenge the denial or revocation.

(b)

The Town Manager shall set the time and place for hearing and cause notice of such hearing to be mailed to the person requesting such hearing at least five (5) days before the date of the hearing. The hearing shall be conducted according to section 4.40.040.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

If a permit has been denied or revoked, the Town Manager will 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 Town Manager finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the permit revoked no longer exist.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

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

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a)

Except as otherwise provided in this title, any person or organization that maintains more than the number of adult animals allowed under this chapter and chapter 29, shall register with Town Manager or designee Animal Control Agency as an animal rescuer. In order to register as an animal rescuer, the applicant must provide the following information:

(1)

Verifiable proof of membership in or status as a State of California not-for-profit corporation that meets the requirements of Internal Revenue Code Section 501(c)(3) and is in good standing with the State of California;

(2)

Verifiable proof that animal adoption and placement of rescued animals with a new and permanent owner in a new home is one (1) of its primary organizational goals and proof of a history of placement of animals with new and permanent owners in new homes;

(3)

The location of the rescue work to be performed and the identity and contact information of the person(s) responsible for the care of the animals at that location;

(4)

A description of the practices that will be employed by the person or organization in conducting rescue work;

(5)

Payment of the registration fee in an amount established by resolution of the Town Council;

(6)

Agreement from the applicant to abide by the requirements set forth in this chapter; and

(7)

Agreement from the applicant to any other conditions reasonably necessary for the proper care and maintenance of the animals.

(Ord. No. 2276, § 1, 9-18-18; Ord. No. 2294, § 2, 11-5-19)

Editor's note— Ord. No. 2294, § 2, adopted Nov. 5, 2019, changed the title of § 4.60.050 from "Animal rescuer and trap-neuter-return registration" to read as herein set out.

(a)

In order to maintain a valid animal rescuer registration, the animal rescuer shall comply with each of the following requirements:

(1)

Rescue work such as the temporary housing and care of domestic animals, or feeding for the purpose of trapping, shall be performed in conformity with all standards of animal care and housing set forth by state and local law;

(2)

Rescue work shall not create a public nuisance;

(3)

The animal rescuer shall cooperate with the animal control organization during investigations of complaints and inspections of animal areas; and

(4)

The animal rescuer shall limit the number of animals maintained at the registered location if the Animal Control Officer deems limitations are necessary because of space, finance, effect on surrounding area, history or any other criteria relevant to the animal rescuer's ability to maintain the animals.

(b)

The Town Manager or Animal Control Agency may revoke the animal rescuer registration if the holder of the registration fails at any time to satisfy one (1) or more of the requirements specified in subsection (a).

(Ord. No. 2276, § 1, 9-18-18; Ord. No. 2294, § 2, 11-5-19)

Editor's note— Ord. No. 2294, § 2, adopted Nov. 5, 2019, changed the title of § 4.60.055 from "Maintenance of animal rescuer or TNR activist registration" to read as herein set out.