Chapter 7.35 — REGULATION OF KENNELS

Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

“Cat” means any cat or feline.

“Commercial kennel” means any place where more than three dogs over the age of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, raised or offered for sale for any form of compensation, including, but not limited to, donations by any person or entity. The definition of commercial kennel shall not include a kennel operated by a State-licensed veterinarian or any pet store.

“Dog” means any dog or any canine.

“Kennel” means any commercial kennel, nonprofit kennel or private kennel.

“Nonprofit kennel” means any place owned or operated by a nonprofit organization where more than three dogs over the age of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, or raised and whose function is to rescue, care, feed and place animals with the public either for no compensation or for donations. The definition of a nonprofit kennel shall not include a location operated by a State-licensed veterinarian or any pet store.

“Nonprofit organization” means a nonprofit organization, as defined in Internal Revenue Code section 501(c)(3).

“Operator” means the legal owner, permit holder, or person in actual control of any activity involving animals at a kennel.

“Owner” means the actual custodian of an animal, whether or not that person is the legal owner, the caretaker, or merely the possessor of an animal. Any person who is registered as the owner on a license or other legal document shall be deemed an owner of the animal.

“Primary enclosure” means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch.

“Private kennel” means any place where more than three dogs over the age of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, or raised for which no compensation is received, including, but not limited to, donations by any person or entity. The definition of private kennel shall not include a location operated by a State- licensed veterinarian or any pet store.

“Run” means the floor surface and cage, exclusive of the sleeping box, used to contain or maintain dogs, cats or other animals. (Ord. 2008-12 § 1 (part), 2008; Ord. 2023-22 § 421, 2023)

No person shall operate a kennel within the City without first obtaining an operator’s permit pursuant to this chapter. (Ord. 2008-12 § 1 (part), 2008)

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City of Newport Beach, CA § 7.35.030 ANIMALS § 7.35.030

A. Required Forms. Any person desiring an operator’s permit for a kennel shall file a written application on the required forms prescribed by the Chief of Police who shall conduct an investigation.

B. Required Information. The application for a commercial kennel or non-profit kennel shall
contain or be accompanied by the following information:

1. The type of ownership of the business, i.e., whether by a sole proprietorship,
partnership, corporation or otherwise. If the applicant is a corporation, the name of
the corporation shall be set forth exactly as shown in its articles of incorporation or
charter together with the State and date of incorporation and the names and residence
addresses of each of its current officers and directors, and of each stockholder holding
more than five percent of the stock of that corporation. If the applicant is a
partnership, the application shall set forth the name and residence of each of the
partners, including limited partners. If it is a limited partnership, it shall furnish a copy
of its certificate of limited partnership filed with the Secretary of State. If one or more
of the partners is a corporation, the provisions of this subsection pertaining to
corporations shall apply. The applicant corporation or partnership shall designate one
of its officers or general partners to act as its responsible managing officer;

2. The precise name under which the commercial kennel or non-profit kennel is to be
conducted;

3. The name and address of the owner and lessor of the real property upon or in which
the commercial kennel or non-profit kennel is to be conducted. In the event the
applicant is not the legal owner of the property, the application must be accompanied
by a copy of the lease and a notarized acknowledgment from the owner of the
property that a commercial kennel or non-profit kennel will be located on his or her
property;

4. All necessary information establishing that the proposed commercial kennel or non-
profit kennel use complies with the zoning regulations of the City;

5. A list of the type(s) of animals proposed to be kept or used for any purpose, together
with the estimated maximum number thereof;

6. The days and hours that the commercial kennel or non-profit kennel is open to
customers or the public;

7. Authorization for the City, its agents and employees to seek verification of the
information contained in the application;

8. Such other documents and information as the Chief of Police may require to determine the truth of the matters herein specified and as required to be set forth in the application. C. Verification. The application shall be completed and signed by the operator of the proposed kennel, if a sole proprietorship; all general partners, if the operator is a partnership; two officers or two directors, if the operator is a corporation; and one participant, if the operator is a joint venture. The person(s) signing the application for a kennel operator’s permit shall certify under penalty of perjury that all information contained in the application is true and

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City of Newport Beach, CA § 7.35.030 NEWPORT BEACH CODE § 7.35.050

correct.

D. Notification. If, during the term of a permit, the permit holder has any change in
information submitted on the original or renewal application, the permit holder shall notify
the Newport Beach Police Department of such change within ten business days thereafter,
in writing.

E. Fees. Applications for a kennel operator’s permit shall be accompanied by a fee as
established by resolution of the City Council. Non-profit kennels shall not be charged any
application or permit fee under this chapter.

F. Waivers. The Chief of Police may waive the submission of items deemed unnecessary.
(Ord. 2008-12 § 1 (part), 2008)

A. Time Limits and Notification. Within thirty (30) days of the filing of an application, the Chief of Police shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete.

B. Incomplete Applications. If the application is determined to be incomplete, the Chief of
Police shall notify the applicant in writing and shall specify those parts of the application
which are incomplete and shall indicate the manner in which they can be made complete,
including a list and thorough description of the specific information or materials needed to
complete the application. Upon the receipt of the information or materials needed to
complete the application, or any resubmittal of the application, a new thirty (30) day review
period shall begin to determine the completeness of the application.

C. Extension of Time Limits. Extensions of the time limits of the review period are permitted
when mutually agreed upon by the Chief of Police and the applicant.
(Ord. 2008-12 § 1 (part), 2008; Ord. 2023-22 § 422, 2023)

The Chief of Police shall issue such permit as requested, unless he or she makes any of the following findings:

A. The applicant, if an individual; or any of the officers or directors of the corporation, if the
applicant is a corporation; or a partner, if the applicant is a partnership; or a participant, if
the operator is a joint venture; or any of operator’s members, managers, volunteers or
employees has:

1. Within eight years preceding the date of the application or a renewal application, been
convicted on two occasions of violating any statute, rule or regulation prohibiting
cruelty to animals, including, but not limited to, any conviction of California Penal
Code Section 597, 597a, 597b, 597c, 597e, 597f, 597g, 597h, 597i, 597j, 597k, 597m,
597n, 597o, 597r, 597s, 597t, 597u, 597v, 597x, 597y, 597.1, 598, 598a, 598b, 598c,
598d, 599, 600, 600.2, or 600.5, or accepted a plea of guilty or nolo contendere to any
lesser included or lesser related offense, in satisfaction of, or as a substitute for, any
of the previously listed crimes;

2. Within eight years preceding the date of the application or a renewal application, been

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City of Newport Beach, CA § 7.35.050 ANIMALS § 7.35.060

convicted on two occasions of any offense in any other State which is the equivalent
of any of the abovementioned offenses;

3. Been engaged in conduct in another jurisdiction which, if it had occurred within the
City, would constitute grounds for denial, suspension or revocation under this
chapter;

4. Been subjected to a permanent injunction against the conducting or maintaining of a
nuisance;

5. On two occasions, within the last eight years, been engaged in conduct which would
constitute an offense as described in subsection (A)(1) of this section;

6. Committed an act in another jurisdiction which, if committed in this State, would have
been a violation of law and, which, if done by a permittee under this chapter, would
be grounds for denial, suspension or revocation of the permit;

7. Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an
act of violence, which act or acts are related to the qualifications, functions or duties
of the operator;

8. Had a kennel operator permit or other similar license or permit denied, suspended or
revoked for cause by a licensing authority or by any City, County or State;

9. Made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process; 10. Failed to submit an application that contains all of the information required by Section 7.35.030; 11. Proposed a kennel that does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; 12. Within eight years of the date of the application, been convicted on two occasions of a criminal offense for violating the requirements of this chapter; 13. Within eight years of the date of the application, had a dog owned or under the persons control declared to be potentially dangerous or vicious. B. If the application is denied, the applicant may not reapply for a period of six months from the date the application was denied. C. No permit granted herein shall confer any vested right to any person or business. (Ord. 2008-12 § 1 (part), 2008; Ord. 2023-22 § 423, 2023)

A. All operators and managers of a commercial kennel or non-profit kennel shall comply with the following conditions and any other conditions specified by the Chief of Police:

1. No person granted a permit pursuant to this chapter shall use any name or conduct
business under any designation not specified in his or her permit.

2. All commercial kennels and non-profit kennels required to be permitted under this

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City of Newport Beach, CA § 7.35.060 NEWPORT BEACH CODE § 7.35.060

chapter shall have a manager on the premises at all times the kennel is open to
customers or the public. The operator of each kennel shall file a statement with the
Chief of Police designating the person or persons with power to act as a manager.
The operator and/or on duty manager shall post, on a daily basis, the name of each
on duty manager in a conspicuous public place in the lobby of the commercial kennel
or non-profit kennel. The operator, or the manager in the operator’s absence, shall be
responsible for ensuring compliance with this chapter.

3. An operator and/or on duty manager shall be responsible for the conduct of all
employees, volunteers or independent contractors while they are on the permitted
premises. Any act or omission of any employee, volunteer or independent contractor
constituting a violation of the provisions of this chapter shall be deemed the act or
omission of the operator for purposes of determining whether the operator’s permit
shall be revoked, suspended, denied or renewed.

4. The Chief of Police shall establish the kind and maximum number of animals
authorized to be maintained on the premises. The operator and/or on duty manager
shall not maintain, treat, condition, board, raise or offer for sale for any compensation,
including, but not limited to, donations, at the commercial kennel or non-profit kennel
any kind of animal not authorized by the Chief of Police and/or that exceeds the
maximum kind and number of animals authorized by the Chief of Police.

5. The operator shall report in writing any changes in address, ownership, or
management to the Chief of Police at least fifteen (15) days prior to such change.

6. Operator shall maintain a register of the names and addresses of person from whom
animals have been received and to whom animals have been sold, traded, rented,
leased, or given. This information shall be available to the Chief of Police upon
demand.

7. A copy of these regulations shall be issued to each applicant for a permit. The applicant shall acknowledge receipt of such standards and shall agree to comply with same by signing a form provided for the purpose by the Chief of Police. Such form shall be filed with the application for a permit. 8. The operator shall display the permit issued by the Chief of Police in the office, reception room, or other area accessible for inspection. 9. Each permit shall automatically terminate on the expiration date shown thereon unless, on or before such date, application for renewal has been submitted and approved as herein provided. 10. All operators, upon being granted a commercial kennel or nonprofit kennel operator’s permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police for the purpose of conducting such inspections as he/ she may deem required. The inspections shall be conducted with the operator or manager present. 11. The operator shall comply with all provisions of this chapter, all conditions set by the Chief of Police, and any applicable provisions of this Code.

   B. All operators of a private kennel shall comply with the following conditions and any other

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City of Newport Beach, CA § 7.35.060 ANIMALS § 7.35.070

conditions specified by the Chief of Police:

1. The Chief of Police shall establish the kind and maximum number of animals
authorized to be maintained on the premises. The operator shall not maintain, treat,
condition, board, or raise any kind of animal not authorized by the Chief of Police
and/or that exceeds the maximum kind and number of animals authorized by the Chief
of Police.

2. The operator shall report in writing any changes in address to the Chief of Police at
least fifteen (15) days prior to such change.

3. All animals maintained, treated, conditioned, boarded or raised at the premises shall
be owned by the operator.

4. A copy of these regulations shall be issued to each applicant for a permit. The
applicant shall acknowledge receipt of such standards and shall agree to comply with
same by signing a form provided for the purpose by the Chief of Police. Such form
shall be filed with the application for a permit.

5. All operators, upon being granted a kennel operator’s permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police for the purpose of conducting such inspections as he or she may deem required upon seventy-two (72) hours’ written notice. The inspections shall be conducted with the operator present. 6. Each permit shall automatically terminate on the expiration date shown thereon unless, on or before such date, application for renewal has been submitted and approved as herein provided. 7. The operator shall comply with all provisions of this chapter, all conditions set by the Chief of Police, and any applicable provisions of this Code. (Ord. 2008-12 § 1 (part), 2008; Ord. 2023-22 § 424, 2023)

A. Sale of Puppies and Kittens. Every person who owns, conducts, manages or operates commercial kennel or non-profit kennel shall comply with each of the following conditions:

1. No puppy or kitten under the age of eight weeks shall be brought or shipped into the
City for the express purpose of selling the animal. This subsection shall not apply to
non-profit kennels that accept a distressed puppy or kitten under the age of eight
weeks from any other location.

2. Every puppy or kitten offered for sale must be examined by a State-licensed
veterinarian for distemper, worms, skin disease and ear mites, and other disease or
conditions which would be injurious to the animal or a potential owner.

3. Every puppy or kitten offered for sale, including, but not limited to, donations from
any person or entity, shall have been vaccinated against distemper. Documentation
providing the date and treatment shall be provided to the purchaser or donor at the
time of sale.

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City of Newport Beach, CA § 7.35.070 NEWPORT BEACH CODE § 7.35.090

B. Feeding and Watering. Every person who owns, conducts, manages or operates a kennel
shall comply with each of the following conditions:

1. Animals shall be provided food which shall be free from contamination, wholesome,
palatable, and of sufficient quantity and nutritive value to meet the normal daily
requirement for the condition and size of the animal.

2. Food receptacles shall be accessible to all animals and shall be located so as to
minimize contamination by excreta. Feeding pans shall be durable and kept clean.
The food receptacles shall be sanitized at least once every two weeks. 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 regularly to
prevent molding, deterioration or caking of food.

3. 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 sanitized at least once every two weeks.
(Ord. 2008-12 § 1 (part), 2008)

Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions:

A. Construction and Maintenance. Housing facilities for animals shall be constructed,
equipped, and maintained so as to continuously provide a healthful and sanitary
environment, as approved by the Chief of Police, for the animals kept or to be kept therein.

B. Shelter and Exercise. There shall be adequate shelter from the elements and sufficient space
for exercise.

C. Waste Disposal. There shall be adequate drainage and satisfactory sanitary disposal of both
natural precipitation and animal wastes of all kinds. If disposal is by a sanitary sewage
system, it must comply with the provision of the California Plumbing Code and other
applicable ordinances and regulations.
(Ord. 2008-12 § 1 (part), 2008)

Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions:

A. Good Citizenship. No person shall allow any animal for which they are responsible to
constitute or cause a hazard, or to be a menace to the health, safety, or peace of the
community. Each animal for which the person is responsible shall be kept in such a manner
as may be prescribed to protect the animals from the public and the public from the animals.

B. Cruelty. Each person who is responsible for an animal shall take every reasonable
precaution to insure that animals are not teased, abused, mistreated, annoyed, tormented, or
in any manner made to suffer by any person or means. Any tack, equipment, device,
substance, or material that is or could be injurious or cause unnecessary cruelty to any
animal is prohibited. Animals which are natural enemies, temperamentally unsuited, or

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City of Newport Beach, CA § 7.35.090 ANIMALS § 7.35.100

otherwise incompatible shall not be quartered together or so near each other as to cause
injury or torment. Anti-bark collars and sedatives shall not be used by operators on any
animal without the written permission of the owner of the animal.

C. Health. No person shall display any animal bearing evidence of malnutrition, ill health,
unhealed injury, or having been kept in an unsanitary condition. Operator shall isolate sick
or diseased animals from healthy animals at all times and in such a way that diseases or
parasites will not be transmitted to other animals. The Chief of Police may order any animal
to be examined and/or treated by a veterinarian.

D. Vector Control. There shall be adequate and effective means of control of insects and
rodents and such control must be vigorously maintained at all times.

E. Waste Disposal. Each person shall provide for the daily disposal of all animal feces and
wastes. If disposal is by other than a sanitary sewerage system, dead animals, manure, and
wastes shall be collected not less often than daily, and shall be stored in fly-tight containers
until removed.

F. Escaped Animals. Operator has full responsibility for recapturing any animal that escapes.

G. Exercise. All efforts to exercise animals shall be documented on a “Daily Exercise Log.”
This log shall be open to inspection by the Chief of Police. Logs shall be maintained for a
period of one year.
(Ord. 2008-12 § 1 (part), 2008; Ord. 2023-22 § 425, 2023)

Every person who owns, conducts, manages or operates a kennel shall comply with each of the following applicable conditions for indoor housing facilities:

A. Heating. Kennels shall be sufficiently heated when necessary to protect the animals from
cold and to provide for their health and comfort.

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

C. Lighting. Kennels shall have ample and well-distributed light by natural or artificial means
adequate to permit routine observation of the animals and/or proper cleaning of the
facilities.

D. Interior Surfaces. Interior surfaces of commercial kennels and non-profit kennels 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 water at
commercial kennels and non-profit kennels. 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 installed in accordance with
plumbing codes and applicable ordinances and regulations so as to prevent any backup of

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City of Newport Beach, CA § 7.35.100 NEWPORT BEACH CODE § 7.35.120

sewage onto the floor of the room. (Ord. 2008-12 § 1 (part), 2008)

Every person who owns, conducts, manages or operates a kennel shall comply with each of the following conditions for outdoor housing facilities:

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

B. The animals shall be provided with access to shelter to allow them to remain dry during inclement weather.

C. When the atmospheric temperature falls below fifty (50) degrees Fahrenheit, sufficient clean bedding material or other means of protection from the weather shall be provided for those animals not acclimated thereto. (Ord. 2008-12 § 1 (part), 2008)

Every person who owns, conducts, manages or operates a commercial kennel or non-profit kennel housing dogs shall comply with each of the following conditions:

A. Exterior Enclosed. The exterior of the commercial kennel or non-profit kennel area shall
be completely fenced or otherwise enclosed.

B. Run Sizes. All commercial kennels or nonprofit kennels housing dogs shall have runs. Each
single run shall have a minimum floor area of sixteen (16) square feet, not including the
housing area, and the width shall be not less than three linear feet. Each dog confined in
such run shall be provided a minimum square footage of floor space equal to twice the
mathematical square of the sum of the length of the dog in inches, as measured from the tip
of its nose to the base of its tail, plus six inches, expressed in square feet.

C. Run Construction. Runs shall be constructed to effectively enclose the dogs housed therein.
Construction shall permit ready observation and handling of dogs confined, and also for
ease of cleaning. Dogs belonging to different owners shall not be housed or penned together
without the written approval of all owners concerned. All runs shall be constructed as
follows:

1. Concrete, asphalt, or other nonporous material, with a slope to a drain or gutter of not
less than one-fourth (1/4) inch per foot; such drain or gutter shall be connected to an
approved sewerage system as required by the California Plumbing Code;

2. Pea gravel or other suitable material of sufficient thickness, and over an adequately
porous base to assure that all liquids are readily drained away (no matter from what
source) and that solid material can be readily removed and properly disposed of. The
finding of heavy concentrations or parasite eggs in samples taken from the upper three
inches of the run floor shall be adequate evidence that the cleaning and sanitation of
the run is not being satisfactorily accomplished; or

3. Any manner which assures that all waste material can be easily removed and/or

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City of Newport Beach, CA § 7.35.120 ANIMALS § 7.35.130

washed away, and that the run and surrounding area is sanitary and free from parasitic
buildup.

D. Commercial Kennels Boarding Dogs not Owned by the Operator or Owner of the
Commercial Kennel. All commercial kennels shall require an owner’s written statement
that his dog(s) is immunized against distemper, hepatitis, and leptospirosis before accepting
dogs for boarding or breeding.

E. Housing Size. Primary enclosures must also comply with one of the following:

1. Regular Housing. The run must be contiguous with the enclosure, or other shelter acceptable to the Chief of Police which is continuously accessible and shall provide each dog housed therein a minimum square footage such that the dog can turn about freely and easily stand, jump, sit, or lie in a comfortable position. 2. Temporary Housing. For animals being transported in a vehicle, held at a pet show, or otherwise temporarily housed for not more than seventy-two (72) hours, or as otherwise specified by the Chief of Police, the house (cage, crate, etc.) must provide sufficient space to allow each dog to turn freely and to easily stand, sit, and lie in a comfortable position. After each twelve (12) hours of confinement in such an enclosure, the dog must be removed to an exercise area of not less than sixteen (16) square feet, for at least one full hour. The finding of a dog being forced to lie in its own excrement shall be considered evidence that the provisions of this section are being violated. F. Housing Construction. All primary enclosures shall be structurally sound and maintained in good repair to protect the dogs from injury, to contain them and to keep predators out. They shall be constructed and maintained so as to enable the dogs contained therein to remain dry and clean, and to permit regular and effective sanitation. The dogs contained therein shall have convenient access to clean drinking water. If the floor is solid and the dog cannot exit at will, there shall be newspapers, shavings, or other absorbent material on the floor. (Ord. 2008-12 § 1 (part), 2008)

Every person who owns, conducts, manages or operates a commercial kennel or non-profit kennel housing cats shall comply with each of the following conditions:

A. Enclosures shall be constructed to effectively enclose the cats housed therein.

B. Construction shall permit ready observation and handling of cats confined, and also ease of
cleaning.

C. There shall be elevated solid resting shelves or surfaces of adequate size to comfortably
hold all occupants of the enclosure at the same time.

D. Enclosures shall be floored in any manner which assures that all waste material can be
easily removed and/or washed away, and that the enclosure and surrounding area is sanitary
and free from parasitic buildup.

E. The enclosure shall contain clean drinking water and a receptacle containing sufficient
clean litter to contain the excreta.

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City of Newport Beach, CA § 7.35.130 NEWPORT BEACH CODE § 7.35.190

(Ord. 2008-12 § 1 (part), 2008)

It is the responsibility of the operator or on duty manager to be able to prove at any time that all dogs on the premises, which are over four months of age, have been properly vaccinated against rabies. (Ord. 2008-12 § 1 (part), 2008)

A commercial kennel or non-profit kennel operator must maintain some type of animal or cage identification system by which the records required to be maintained in the office can be related to individual animals.

A. For dogs required to be individually licensed, this shall consist of: (1) the license tag either
on the dog; (2) the license tag number recorded and placed nearby so that it is readily
identifiable with the dog to which it belongs; or (3) if the dog is not licensed, that fact shall
be clearly noted on the kennel record.

B. For a dog staying on a temporary basis, which is not required to be individually licensed,
the custodian must have in his/her possession some identification and evidence of his/her
relationship to the owner thereof.
(Ord. 2008-12 § 1 (part), 2008)

The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. Fees required by this chapter shall be in addition to any required under any other chapter of this Code. Non-profit kennels shall not be charged any fees associated with the administration of this chapter. (Ord. 2008-12 § 1 (part), 2008)

A. No permit issued hereunder shall be transferable to any other person or kennel.

B. Operator’s permits shall be for a period of three years provided that the operator continues
to meet the requirements set out in this chapter.

C. Applications for the next ensuing permit shall be filed with the Chief of Police before the
expiration of the existing permit. Temporary permits will not be issued and renewal
applications must be filed no later than sixty (60) days prior to the expiration of the permit
to prevent a lapse of the permit.

D. Renewal applications shall require such information as may be required by the Chief of
Police to update the information contained in the original permit application. The applicant
shall accompany the application for renewal with the appropriate filing fee established by
resolution of the City Council.
(Ord. 2008-12 § 1 (part), 2008; Ord. 2023-22 § 427, 2023)

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City of Newport Beach, CA § 7.35.190 ANIMALS § 7.35.190

A. Violation and Noncompliance. The Chief of Police may deny an application for a permit,
may refuse to renew a permit or may revoke or suspend an existing permit on the grounds
that the applicant or permit holder has failed to comply with the permit conditions, based
on the grounds set forth in Section 7.35.050 of this chapter or other requirements of this
chapter. If a suspended permit lapses during the suspension period, a new application must
be made at the end of the suspension period. In any such case, the applicant or permit holder
shall have the right to appeal to an Administrative Hearing Officer in the time and manner
set forth in this section.

B. Notice. When the Chief of Police concludes that grounds for denial, suspension, revocation
or refusal to renew an existing permit, the Chief of Police shall serve the applicant or permit
holder, either personally or by certified mail addressed to the business or residence address
of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke
or refuse to renew existing permit. This notice shall state the reasons for the proposed
action, the effective date of the decision, the right of the applicant or permit holder to appeal
the decision to an Administrative Hearing Officer, and the decision will be final if no
appeal is filed within the time permitted.

C. Appeal.

1. The right to appeal to an Administrative Hearing Officer shall terminate upon the
expiration of fifteen (15) days of the date of mailing of the notice. The notice of
appeal is to be sent to the Police Department.

2. In the event an appeal is timely filed, the suspension or revocation shall not be
effective until a final decision has been rendered by the Administrative Hearing
Officer. If no appeal is filed, the suspension or revocation shall become effective upon
expiration of the period for filing appeals.

3. Procedures for appeals to an Administrative Hearing Officer shall be the same as the
appeal procedures set forth in Chapter 1.05 of this Code, except as expressly set forth
in this section.
(Ord. 2008-12 § 1 (part), 2008; Ord. 2023-22 § 428, 2023)

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City of Newport Beach, CA