Division 2 — LICENSING

SEC. 5-50. APPLICABILITY OF DIVISION.

The licensing provisions of this division do not apply to any dog or cat:

(A) While in the immediate custody and control of a person who is engaged in traveling through the city and who is not a resident of the city;

(B) Actively engaged in or training for dog or cat shows or field trials;

(C) In the city for a period not exceeding 30 days for the purpose of breeding or displaying the dog or cat at shows, exhibitions or field trials; and

(D) Confined to the premises of a benevolent organization devoted to the care of lost or homeless animals, or that is confined in an animal hospital for treatment, or confined in a dog or cat kennel, licensed under the provisions of this chapter; provided, that such dog or cat remains, at all times, upon the premises of such benevolent organization, animal hospital or dog or cat kennel.

(`64 Code, Sec. 5-27) (Ord. No. 735, 762, 2388)

SEC. 5-51. DOG EXEMPTION FROM WEARING LICENSE TAG.

The license tag need not be worn when the dog is:

(A) Securely confined in a cage or vehicle;

(B) Confined in a veterinary facility, licensed kennel, grooming facility, or State chartered benevolent organization for the care of animals; or

(C) Participating in or training for sporting events, field trials, obedience classes, dog shows or herding livestock.

(`64 Code, Sec. 5-27.1) (Ord. No. 1043, 1616, 2388)

SEC. 5-52. CAT EXEMPTION FROM WEARING LICENSE TAG.

The license tag need not be worn when the cat is:

(A) Identified by a microchip implanted under the skin which is acceptable to and readable by the poundmaster;

(B) Securely confined in a cage or vehicle;

(C) Confined in a veterinary facility, licensed kennel, cattery, grooming facility or State chartered benevolent organization for the care of animals; or

(D) Being shown or exhibited in any cat or pet show.

(`64 Code, Sec. 5-27.2) (Ord. No. 2388)

SEC. 5-53. EXEMPTION FROM LICENSE FEE.

A license tag shall be issued free of charge for the following:

(A) For a dog used as a guide dog for a blind person when an affidavit attesting to the dog's use as a guide dog has been submitted to the poundmaster; or

(B) A dog which has been honorably discharged from the armed services of the United States.

(`64 Code, Sec. 5-27.3) (Ord. No. 1043, 1948, 2388)

SEC. 5-54. RESERVED.

(`64 Code, Sec. 5-28)

SEC. 5-55. LICENSE REQUIRED FOR DOGS OR CATS OVER FOUR MONTHS.

(A) Every person who owns any dog or cat over the age of four months for 30 days or longer shall obtain a current license and license tag stamped with the year in which such license is issued. The license tag shall be attached to a substantial collar or harness which shall be worn by the dog or cat at all times.

(B) Any dog or cat found without a current license tag or for which there is no current license may be taken up and impounded by the poundmaster or any peace officer.

(C) Any person who violates this section is guilty of an infraction.

(`64 Code, Sec. 5-29) (Ord. No. 735, 762, 1045, 1948, 2388)

SEC. 5-56. DOG OR CAT LICENSE APPLICATION.

The license and license tag may be obtained by presenting an acceptable rabies vaccination certificate, furnishing the information required herein, and paying the proper fee to the license collector or poundmaster. The information shall include the name, sex, breed, age and color of the dog or cat and the name, address and, when available, telephone number of the person owning such dog or cat. A rabies vaccination certificate must show that the vaccination has at least one year to run before its expiration date.

(`64 Code, Sec. 5-30) (Ord. No. 735, 2501, 1948, 2388)

SEC. 5-57. LICENSE PERIOD.

The license period for any license issued shall be specified on the license application and for a period as determined by the poundmaster for that particular license application. The license period shall not be less than one year nor more than two years from the date the license is issued and such period shall not exceed beyond the expiration date of the applicable rabies vaccination.

A license shall expire, and such license and corresponding license tag shall cease to be current, upon the expiration of the applicable license period.

(`64 Code, Sec. 5-31) (Ord. No. 735, 1948, 2388)

SEC. 5-58. FEES.

The fees for any license or service of the poundmaster required by this chapter shall be that established by the current schedule of rates and fees as adopted by city council resolution.

(`64 Code, Sec. 5-32) (Ord. No. 735, 811, 1330, 1494, 1501, 1948, 2388)

SEC. 5-59. CAT EXEMPTION FROM LICENSE FEE.

A cat license shall be issued free of charge if the cat is owned by a veterinarian who is licensed by the State and the cat is maintained on the premises used by the veterinarian in his/her practice.

(`64 Code, Sec. 5-32.1) (Ord. No. 2388)

SEC. 5-60. DUE DATE AND PENALTIES.

(A) The information and fees required by this article are due on the thirtieth day after the day on which:

(1) The previous license, if any, expires;

(2) The dog or cat is acquired by the person owning the cat or dog;

(3) The dog or cat is brought into the city; or

(4) The dog or cat attains the age of four months.

(B) Any person obtaining a license after the due date shall pay, in addition to the license fee, a late license penalty in an amount equal to 100 % of the license fee which would be applicable if the license period were one year, regardless of the actual license period for which such license is issued. Such penalty shall be in addition to any other penalty or sanction which may be imposed pursuant to the city for failure to have a license.

(`64 Code, Sec. 5-33) (Ord. No. 735, 811, 814, 1330, 1501, 1948, 2388)

SEC. 5-61. ISSUANCE OF LICENSE TAG.

Upon receipt of the required information, payment of the proper fee and submission of an acceptable rabies vaccination certificate, the dog or cat shall be licensed, a written receipt shall be issued to the applicant, and a metal license tag mailed to the applicant's address. Each tag shall be serially numbered and stamped with the words “City of Oxnard” and the year issued.

(`64 Code, Sec. 5-34) (Ord. No. 735, 1501, 1948, 2388)

SEC. 5-62. LOST LICENSE TAG.

If a license tag is lost, a duplicate tag may be obtained from the license collector upon payment of a lost license fee per the current licensing schedule of rates and fees. The licensee shall either surrender the receipt obtained for the lost tag or certify under penalty of perjury that a tag was obtained and that the receipt cannot be found.

(`64 Code, Sec. 5-35) (Ord. No. 735, 1501, 1948, 2388)

SEC. 5-63. TRANSFER OF LICENSE.

In the event that there is a change in ownership of a licensed dog or cat during the license period, the new owner may have the current license transferred to his/her name upon the payment of a transfer fee and surrender of the license receipt.

(`64 Code, Sec. 5-36) (Ord. No. 735, 1501, 1948, 2388)

SEC. 5-64. CAT STERILIZATION REQUIRED.

(A) No person owning a cat shall allow such cat to have access to the out of doors unless such cat has been surgically sterilized.

(B) Any person who violates this section is guilty of an infraction.

(`64 Code, Sec. 5-36.1) (Ord. No. 2388)

SEC. 5-65. LICENSE VIOLATIONS.

(A) No person shall counterfeit a dog or cat license tag, or attach a license tag issued under the provisions of this code to any dog or cat other than the one for which such tag was issued, or obtain a dog or cat license tag or dog or cat kennel license and, in doing so, state as true any material matter which he/she knows to be false is guilty of an infraction.

(B) Any person who violates this section is guilty of an infraction.

(`64 Code, Sec. 5-36.2) (Ord. No. 2388)

SEC. 5-66. DOG KENNEL LICENSE REQUIRED.

Every person who owns, manages, or operates a dog kennel shall obtain a dog kennel license.

(`64 Code, Sec. 5-37) (Ord. No. 2388)

SEC. 5-67. APPLICATION.

(A) Every person required to obtain a dog kennel license shall submit a written application to the poundmaster. Such application shall include the following:

(1) The name and address of the dog kennel;

(2) The name of the person owning, managing or operating the dog kennel;

(3) The number and approximate age of the dogs maintained therein as of the date of the application;

(4) The maximum number of dogs over the age of four months and the maximum number of dogs under such age which will be maintained at the dog kennel at

any given time during the licensing period; and

(5) The purposes for which the dogs are maintained at the dog kennel.

(B) Such application shall be accompanied by a certificate from the city planner stating that a dog kennel is a permitted use or that a conditional use permit has been issued for the dog kennel.

(`64 Code, Sec. 5-38) (Ord. No. 2388)

SEC. 5-68. INSPECTION AND APPROVAL.

(A) Upon receipt of a dog kennel license application, the poundmaster shall cause the dog kennel to be inspected to determine its compliance with the poundmaster's minimum standards for operation.

(B) The poundmaster's minimum standards shall be in writing and shall be made available for inspection during regular business hours at the office of the animal control division of the crime protection program.

(C) If the poundmaster determines that the dog kennel meets such minimum standards and that the application complies with all the requirements of this section, the poundmaster shall approve the dog kennel license application.

(D) The poundmaster shall notify the applicant of approval or denial of the dog kennel license application within 30 days of the poundmaster's receipt of the dog kennel license application.

(E) The decision of the poundmaster to approve or deny the dog kennel license application shall be final and not subject to an appeal.

(`64 Code, Sec. 5-38.1) (Ord. No. 2388)

SEC. 5-69. ISSUANCE AND FEES.

Upon approval the poundmaster shall forward a copy of the dog kennel license application to the license collector which will issue a dog kennel license to the applicant upon payment of the fees to be prescribed by city council resolution.

(`64 Code, Sec. 5-38.2) (Ord. No. 2388)

SEC. 5-70. TERM.

The dog kennel license shall be effective for one year, beginning January 1 and ending December 31 of the calendar year of issuance. Any dog kennel license issued after January 1 shall expire on December 31 of that calendar year.

(`64 Code, Sec. 5-38.3) (Ord. No. 2388)

SEC. 5-71. RENEWAL.

A dog kennel license may be renewed annually after an annual inspection by the poundmaster and the payment of the fees to the license collector.

(`64 Code, Sec. 5-38.4) (Ord. No. 2388)

SEC. 5-72. REVOCATION.

(A) Upon written notice to the licensee, a dog kennel license may be revoked by the poundmaster for any of the following reasons:

(1) The dog kennel maintains a greater number of dogs than the maximum number specified in the dog kennel license application;

(2) The dog kennel fails, at any time after issuance of a license, to meet the poundmaster's minimum standards;

(3) The dog kennel is not being maintained in a sanitary and healthful condition; or

(4) The dogs confined in the dog kennel are not provided with adequate care and supervision.

(B) The license revocation shall become effective 30 days after notice of revocation is deposited in the mail, postage prepaid, directed to the person owning, operating or managing such dog kennel at the address shown in the application.

The license revocation shall be withdrawn if, within the 30-day waiting period, the noticed condition is corrected to the satisfaction of the poundmaster.

(C) The poundmaster shall notify the license collector promptly of any revocation. No part of the dog kennel license fee shall be refunded in the event of such revocation.

(`64 Code, Sec. 5-39) (Ord. No. 2388)

SEC. 5-73. APPEAL OF REVOCATION.

(A) Within 14 days of the poundmaster's written notice of revocation of the dog kennel license, a licensee may file a written notice of appeal to the police chief setting forth fully the grounds for the appeal.

(B) Within 21 days after the notice of appeal is received, the police chief will send a notice of the time and place of an appeal hearing to the licensee.

(C) The formal rules of evidence and procedure shall not apply to the appeal hearing, except to the extent required by the hearing officer.

(D) At the conclusion of the hearing, the hearing officer may either announce the decision or take the matter under submission and issue a written decision within 30 days of the conclusion of the hearing. The hearing officer's decision shall contain a statement of the reasons upon which the decision was based.

(E) The decision of the hearing officer shall be final and constitute the exhaustion of available administrative remedies to the poundmaster's revocation of the dog kennel license.

(`64 Code, Sec. 5-40) (Ord. No. 2388)

SEC. 5-74. COMPLIANCE WITH ZONING.

A dog kennel license issued pursuant to this article shall cease to be valid whenever the operation of the dog kennel becomes a prohibited use for the zone in which such dog kennel is located.

(`64 Code, Sec. 5-41) (Ord. No. 2388)