Morgan Hill Municipal Code Ch. 6.20 Animal Establishments

Every person who owns, conducts, manages or operates any commercial kennel, private kennel, pet shop, pet grooming parlor, animal menagerie, animal shelter or horse 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 of 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 to animals.

B. Sanitation. All animal facilities shall be maintained and operated 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 potable water. Food and water shall be served in separate, clean receptacles.

2. No animal, except those animal(s) in pasture provided with adequate feed and water, shall be without attention for more than twenty-four 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 or animals 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 administrator 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 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 title, applicable state law or the rules or 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.

2. Failure of the applicant or a permit holder to comply with any of the provisions of the permit, this title or applicable state law, 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 revocation of a permit.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

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 for the animal facilities described in this section shall be fixed by resolution.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

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:

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 title.

C. Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any permit provided pursuant to this title.

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.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

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 the animal facility at any reasonable time.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

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 title or applicable state law;

B. Whenever he has 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 violations in a twelve-month period of this title, 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 years. For the purposes of this chapter, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 19, 5-2-2018)

A. Prior to 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 receipt of such notice if he wishes to challenge the denial or revocation.

B. The administrator 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 days before the date of the hearing. The hearing shall be conducted according to Section 6.32.070 of this title.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

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 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.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

A. Any permit issued under this chapter shall expire twelve 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 permit within thirty days of the expiration of a permit, or prior thereto, the applicant shall pay in addition to the permit fee a ten-dollar penalty for late renewal.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

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

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)