Newark Municipal Code Ch. 6.36 Exotic Animal and Animal Fancier's Permit

A. No person shall own or keep any exotic animal, as defined in this Chapter 6.08, or any animal for which an animal fancier's permit is required, without first applying for and obtaining a permit from the animal control officer.

B. Fees for keeping exotic animals and animals for which an animal fancier's permit is required shall be established by resolution of the city council. The initial fee for the issuance of each permit shall be valid for a period of one year from the date of issuance unless revoked or suspended. Whenever a new exotic animal or animal requiring a permit pursuant to this title is added so as to exceed the maximum number permitted, a new permit must be secured and a new fee must be paid subject to the exception in the next paragraph. The fee shall be due and payable at the time of issuance of the permit and shall be a prerequisite of such issuance.

C. Whenever, in any given permit year, there are new animals in a collection because of reproduction of members, or due to trade, exchange or replacement in the same number and of the same zoological order as the members of the collection traded, exchanged or replaced, the new animals do not require an additional permit during that year.

(Ord. 159 Art. VIII § 1, 1979)

The application for an exotic animal or animal fancier's permit shall include the following information:

A. The applicant's name, address and telephone number;

B. Address of the proposed location where the animals will be maintained;

C. Name, address and telephone number of the property owner of the proposed location if different from the applicant;

D. Name of educational organization and the name, address and telephone number of the project leader, where applicable;

E. Name of species of animals to be maintained and number of animals;

F. Description of the housing facilities and the proposed location on the parcel where the housing facilities will be placed;

G. Purpose for the keeping of such animals on the property;

H. Any other information the animal control officer deems necessary;

I. A petition which has been circulated by the applicant and signed by a representative of each contiguous parcel, where applicable, indicating their approval of the applicant's maintaining the animal(s) specified in the application.

(Ord. 159 Art. VIII § 2, 1979)

A. The animal control officer shall make any investigation deemed proper upon receipt of an application for an initial permit. Approval of an application shall be subject to all of the findings specified below. A copy of the application may be forwarded to the county public health department (acting on behalf of the city health officer) for its recommendations, and may be forwarded to any other agency if the animal control officer concludes that the assistance of the agencies is necessary in order to approve the application.

B. Upon receipt of an application for an initial permit, or upon receipt of an application for a renewal permit, the animal control officer shall make any investigation deemed proper. Approval of an application shall be subject to all of the following:

1. The keeping of the animal at the location specified in the application will not violate any ordinance or other regulation of the city or any law of the state;

2. The keeping, maintenance, and number of the animals will not endanger the peace, health or safety of persons in the immediate vicinity or in the city as a whole, and will not constitute a nuisance;

3. The premises and housing where the animal is to be kept are in clean and sanitary condition, and the animal will not be subject to suffering, neglect, cruelty, or abuse;

4. The applicant has corrected any deficiencies which may have caused a previous permit to be revoked, suspended or denied.

(Ord. 159 Art. VIII § 3, 1979)

A. Any permit issued pursuant to this title may be revoked if, after investigation and a duly noticed hearing, the police chief finds any of the following to be true:

1. The permittee, his/her agent, or employee has been convicted of any offense involving the violation of the California Penal Code relating to cruelty to animals (Section 597 PC); or is in violation of the city, county, state or federal laws relating to the regulation or keeping of animals.

2. The permittee has failed to keep and maintain the premises or housing for the animals in a clean and sanitary condition.

3. The permittee has, at the place for which the permit is issued, failed to provide any animal with proper food, water, shelter or attention.

4. The permittee has violated any rules, regulations or conditions adopted by the city council as necessary to insure the animal will not endanger the safety of any person or property.

5. The permittee has changed the location where the animal is kept, or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued.

B. If, after investigation, the police chief concludes that it is possible that one or more of the grounds for revocation set forth in subsection A of this section has occurred, the police chief shall cause written notice thereof to be transmitted by registered mail to the address of the permittee. The notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before the police chief thereon. The date shall be not less than five days subsequent to the date of deposit of the notice in the mail.

C. After the informal hearing, the police chief may modify the terms thereof or revoke the permit, depending upon the permittee's ability and/or willingness to comply with the requirements of this title.

D. In the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the police chief may suspend any permit summarily, without a hearing, for a period not to exceed thirty days.

(Ord. 159 Art. VIII § 4, 1979)

A. Permits issued pursuant to the provisions of this chapter shall be surrendered for inspection by the permittee upon the request of the animal control officer.

B. The premises on which an animal is maintained shall be open at any reasonable hour for inspection by the animal control officer.

(Ord. 159 Art. VIII § 5, 1979)

The animal control officer shall have the authority to enter the premises at any reasonable hour, and to take up, impound, and safely keep any animal upon revocation, suspension or denial of a permit pursuant to Sections 6.36.030 and 6.36.040 of this chapter. The permittee shall surrender possession of the animal(s) upon demand of the animal control officer. Procedures for the reclamation, redemption and destruction of impounded animals shall be accomplished pursuant to Chapter 6.20 of this title.

(Ord. 159 Art. VIII § 6, 1979)

A. Each succeeding year, a renewal permit shall be obtained by a holder of an exotic animal or animal fancier's permit. In the event the animals are relocated in the city, a renewal permit shall be obtained. The fee for the issuance of a renewal permit shall be as established by city council resolution, and it is due and payable each year on the anniversary of the date of the issuance of the initial permit. If, during the preceding year or years, more than one initial permit has been issued to an applicant, the former permits may be consolidated so that only one renewal permit shall be required; provided, however, that the renewal date for the consolidated permit shall be the expiration date of the earliest initial permit.

B. A renewal fee for an animal permit shall become delinquent thirty days after it becomes due and payable and, upon delinquency, an additional delinquent fee established by resolution of the city council shall be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding year's renewal fee. Expiration date of the renewal shall be based on the anniversary date of the initial application approval.

(Ord. 159 Art. VIII § 7, 1979)

The following persons are not required to obtain an exotic animal or animal fancier's permit as provided in this chapter:

A. Owners who use animals for diagnostic purposes or research, and who have a valid permit issued by a governmental agency and whose animals are kept on the premises specified in the permit;

B. Owners who use animals for teaching purposes in recognized educational institutions certified by the state and whose animals are kept on the premises of the institution or other authorized place;

C. Owners of establishments which treat or board animals on the premises and which are owned or operated by veterinarians licensed by the state;

D. Owners of establishments licensed to keep animals for the purpose of resale whose animals are kept on the premises of such establishment or other authorized place.

(Ord. 159 Art. IX § 1, 1979)

The following persons are not required to obtain an animal fancier's permit as provided in this chapter:

A. Owners who are engaged in agriculture as a permitted conditional use pursuant to the zoning ordinance and, in connection therewith on the premises affected, keep animals as beasts of burden (such as horses, donkeys, mules or burros), or raise animals as farm animals in dairying and animal and poultry husbandry;

B. Owners of riding academies and stables and premises on which they are operated as a permitted use pursuant to any zoning ordinance of the city.

(Ord. 159 Art. IX § 2, 1979)