Monterey County Municipal Code Ch. 8.12 Kennels and Pet Shops

No person shall operate a kennel or pet shop without first obtaining a permit therefor in accordance with the provisions of this Chapter and paying such fees as the Board of Supervisors may establish by resolution. These permits shall expire one year from the date of issue.

Written application for a permit shall be made to the Animal Control Officer or his or her designee. It shall include the applicant's name and address; the address and description of the premises where the permit is to be used; and the appropriate fee.

(Ord. 3629, 1992)

A current kennel or pet shop permit may be transferred to a transferee of the kennel or pet shop if the transferee files application therefor and pays the fee prescribed by Section 8.52.010 of this Title. No permit may be transferred unless the kennel or pet shop meets the standards prescribed by this Title.

(Ord. 3629, 1992)

A. Acknowledgment of Standards. A copy of the applicable standards will be supplied to the applicant with each request for an application for a permit, and the applicant shall acknowledge receipt of such standards and agree to comply with them and to allow inspections at reasonable times by signing the application form.

B. Demonstration of Compliance With Standards. Each applicant or kennel operator or pet shop operator must demonstrate that his or her premises and any facilities or equipment used in his or her kennel or pet shop comply with the standards set forth in this Title. In addition, each applicant or kennel operator or pet shop operator shall correct any deficiencies noted within a reasonable time as specified by the Animal Control Officer or his or her designee. Plans for new or remodeled kennel or pet shop facilities may be submitted to the Animal Control Officer for his or her review. Upon request by the Animal Control Officer or his or her designee, the applicant or kennel operator or pet shop operator must make his or her premises, facilities, and equipment available for the purpose of ascertaining compliance with said standards.

C. Conditions and Restrictions. The Animal Control Officer or his or her designee may issue a permit under any conditions and restrictions which he or she deems necessary for the protection of animal and/or public health, safety, or welfare, and may specify such conditions and restrictions on the permit.

D. Additional Reasons for Denial of Application. The Animal Officer or his or her designee may refuse to issue a kennel or pet shop permit to:

1. Any person applying for an original permit who has not received approval for the location from the appropriate planning/zoning department or who has not obtained any necessary permit(s) and/or license(s) for its operation; or

2. Any person whose permit has been suspended, for the period during which the order of suspension is in effect; or

3. Any person who has been or is an officer, agent or employee of a permitted establishment whose permit has been suspended or revoked and who was responsible for or participated in the violation upon which the order of suspension or revocation was based, for the period during which the order of suspension is in effect and for a period of one year from the effective date of a revocation, or if a revocation has been stayed, until one year from the expiration of a stay; or

4. Any person whose permit has been revoked, or any partnership, firm, corporation, or legal entity in which any such person has substantial financial interest for a period of one year from the effective date of such revocation, or if a revocation has been stayed, until one year from the expiration of the stay; or

5. Any person who fails to comply with any provision of this Title; or

6. Any person who has been convicted of the crime of cruelty to animals, whether in this State or any other State.

7. Any person with a prior record of animal abuse and/or defiance of existing animal control codes.

(Ord. 3629, 1992)

A. Structural Strength. Indoor and outdoor housing facilities shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals. Crates and boxes, automobile bodies, scrap materials salvaged from ply-boards, odd pieces of material such as linoleum, tin, canvas and other such materials are not suitable and shall not be used.

B. Fencing. Any fencing shall be in conformance with planning/zoning requirements and be of suitable sturdy material anchored solidly to the ground in such a manner as to prevent animals from escaping by digging under the fence and of sufficient height to prevent animals from escaping. If necessary, to accomplish the intent of containment, a cover over the fenced area shall be installed.

C. Water and Electric Power. Reliable and adequate electric power, if required to comply with other provisions of this Chapter, and adequate potable water shall be available.

D. Storage. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.

E. Waste Disposal. Provisions shall be made for the removal and disposal of animal and food wastes, bedding, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards in compliance with local law.

F. Washrooms and Sinks. Facilities, such as washrooms, basins, or sinks, shall be provided to maintain cleanliness among animal caretakers.

(Ord. 3629, 1992)

A. Heating. Indoor housing facilities shall be warm enough to protect the animals from cold. Sufficient clean bedding materials or other means of protection shall be provided when the ambient temperature falls below that temperature to which an animal is acclimated.

B. Ventilation. Indoor housing facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents of air conditioning, shall be provided when the ambient temperature is eighty-five (85) degrees Fahrenheit or higher, within the indoor housing facility.

C. Lighting. Indoor housing facilities shall have ample light, by natural or artificial means, or both, of good quality and well distributed. Such lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period. Primary enclosures shall be so placed as to protect the animals from excessive illumination.

D. Interior Surfaces. The interior building surfaces of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized.

E. Drainage. A suitable method shall be provided to rapidly eliminate excess liquid from indoor housing facilities. 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 so installed as to prevent any backup of sewage onto the floor of the room.

(Ord. 3629, 1992)

A. Shelter From Sunlight. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all animals kept outdoors to protect themselves from the direct rays of the sun.

B. Shelter From Rain or Snow. Animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow.

C. Shelter From Cold Weather. Shelter shall be provided for all animals kept outdoors when the atmospheric temperature falls below fifty (50) degrees Fahrenheit. Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the animal is acclimated.

D. Drainage. A suitable method shall be provided to rapidly eliminate excess liquid.

(Ord. 3629, 1992)

Primary enclosures must be provided for all animals and shall conform to the following requirements:

A. Primary enclosures shall be structurally sound and maintained in good repair to protect the animals from injury, to contain them, and to keep other animals out. They shall be effectively enclosed.

B. Primary enclosures shall be constructed and maintained so as to enable the animals to remain dry and clean.

C. Primary enclosures shall be constructed and maintained so that the animals contained therein have convenient access to clean food and water.

D. The floors of the primary enclosures shall be constructed so as to protect the animals' feet and legs from injury.

(Ord. 3629, 1992)

A. In all enclosures having a solid floor, a receptacle containing sufficient clean litter shall be provided to contain excrete.

B. Each primary enclosure shall be provided with a solid resting surface or surfaces which, in the aggregate, shall be of adequate size to comfortably hold all occupants of the primary enclosure at the same time. Such resting surface or surfaces shall be elevated in primary enclosures housing two or more cats.

C. Not more than twelve (12) adult cats shall be housed in the same primary enclosure.

(Ord. 3629, 1992)

Primary enclosures must be large enough so that the animals in them can obtain adequate exercise. Any separate kennel houses used as sleeping quarters must provide sufficient space to allow each animal to turn about freely, stand easily, sit and lie in a comfortable normal position. It is unlawful to keep any animal in a primary enclosure or kennel house that does not provide adequate space as required by this Chapter.

(Ord. 3629, 1992)

A. A primary enclosure shall never house more than twelve (12) dogs or cats of any size.

B. Passageways into kennel houses shall allow easy access for all dogs housed in them. Any dog confined to a kennel house which does not meet the space requirements for a primary enclosure shall be provided access to its primary enclosure after no more than twelve (12) hours for sufficient time to allow adequate exercise.

C. Any primary enclosure(s) and/or kennel house(s) of kennels which were not licensed on the effective date of this Chapter and those completed or installed in any kennel after the effective date of this Chapter shall meet the following space requirements:

Minimum Space Requirements

If a primary enclosure or kennel house contains more than one dog, the minimum number of square feet required is the sum of the square feet requirements for each individual dog kept therein.

(Ord. 3629, 1992)

A. Animals shall be provided food daily which food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements 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 excrete. Feeding pans shall be durable and kept clean. The food receptacles shall be kept sanitized. 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 to prevent molding, deterioration or caking of feed.

(Ord. 3629, 1992)

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 kept sanitized.

(Ord. 3629, 1992)

A. Cleaning. Excrete shall be removed from primary enclosures and kennel houses as often as necessary, at least daily, to prevent contamination of the animals contained therein and to reduce disease hazards and odors. 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 the animals in other such enclosures from being contaminated with water and other wastes. Rugs, blankets, or other bedding material shall be kept clean and dry.

B. Sanitizing. Prior to the introduction of new 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 excrete, or a disease hazard. The following procedures shall be followed: Cages, rooms and hard-surfaced pens or runs shall be sanitized by washing them with hot water (one hundred eighty (180) degrees Fahrenheit) and soap or detergent or by washing all solid 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. Housekeeping. Premises (buildings 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 accumulations of trash.

D. Pest control. An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained.

(Ord. 3629, 1992)

A sufficient number of caretakers shall be utilized to maintain the standards set forth in this Chapter.

(Ord. 3629, 1992)

Animals housed in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions.

A. Females in season (estrus) shall not be housed in the same primary enclosure with males, except for breeding purposes.

B. Any animal exhibiting a vicious disposition shall be housed individually in a primary enclosure.

C. Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams, except when the owner specifically requests they be housed together.

D. Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals unless the owner specifically requests they be housed together.

E. Animals under quarantine or treatment for a communicable disease shall be separated from other animals and other susceptible species of animals in such a manner as to minimize dissemination of such disease.

(Ord. 3629, 1992)

Kennel operators or pet shop operators shall keep available for inspection on the premises records that shall show the name, current address and telephone number of the owner of each animal kept at the kennel, the description of the animal, including its age (if known) or approximate age, breed, sex and color. As a part of such record, a current valid rabies certificate or other written proof of vaccination, verified by phone, shall be maintained for each dog or cat required to be vaccinated by this Title, showing the dog or cat owner's name, including breed, color, sex, month and year of birth; the date of vaccination; and the name and telephone number of the veterinarian who vaccinated the dog or cat or telephone number of the agency verifying vaccination. In addition, each kennel operator or pet shop operator shall have someone in attendance at the kennel who can identify each animal in the kennel, except that animals four months of age may be identified as to litter.

(Ord. 3629, 1992)

All kennel and pet shop operators shall maintain records of all dogs and cats sold of any age. Records shall include the source of the animal, the new owner's name and address, and a description of the animal including breed, color, sex, month and year of birth, and veterinary records. These records may be accessed by the Animal Control Officer or his or her designee as deemed necessary.

(Ord. 3629, 1992)

A kennel operator shall not be required to obtain the individual licenses imposed by this Title for each dog or cat in his or her kennel for which the kennel license is obtained; however, each kennel operator shall ensure that each dog or cat in his or her kennel is vaccinated as required by this Title.

(Ord. 3629, 1992.)

Because of the need to adequately protect animals within kennels and pet shops from unhealthy conditions and practices and the interests of society in curbing and preventing inhumane practices, reasonable inspection requirements dictate that the Animal Control Officer or his or her designee shall have the right to inspect kennels and pet shops at reasonable times. As a condition of the issuance of a kennel or pet shop permit, each operator shall agree to allow such inspections; such acknowledgment shall be made as part of the application and file. Each kennel or pet shop for which a permit has been issued shall be inspected at intervals determined by the Animal Control Officer or his or her designee.

(Ord. 3629, 1992)

Any act or omission by a kennel or pet shop operator in contravention of this Title's requirements, or of any of the conditions or restrictions of the issued permit, shall be grounds for and shall authorize the suspension and/or the revocation by the Animal Control Officer or his or her designee of the kennel or pet shop permit independent of any criminal prosecution or the results thereof.

(Ord. 3629, 1992)