Chapter 6.28 — KENNELS/PET SHOPS

Prior ordinance history: Ords. 57, 73 and 123.

No person shall own, control, or operate a kennel or pet shop within the town limits without a license issued by the town. A license shall be required for each location where a kennel or pet shop exists. Fees for kennel or pet shop licenses shall be fixed and determined by council resolution. Any kennel or pet shop owner failing to obtain a license shall be subject to an additional fee as prescribed by council resolution. Where a pet shop and kennel share the same physical location and are owned by the same individual(s), the license fee exacted will be that of a kennel license only. (Ord. 200 §2(part), 1990)

Application for kennel and pet shop licenses shall be made at either the office of the finance director or such other office or location as shall be designated by the town manager. Each application for a permit under this chapter shall be in writing upon a form to be furnished by the director of animal control and shall contain such information as the director of animal control, by rule or regulation, shall require.

A.

All licenses issued by the town as required by this chapter shall expire on June 30th of each year, unless sooner revoked or suspended, or unless the holder of such license changes the location of their place of business, or sells, assigns, transfers or otherwise disposes of such business or their interest therein for a period of thirty days. Upon failure to make application for renewal of such license within the time herein provided, the applicant shall pay, in addition to the regular license fee, an additional fee as established by the town council by resolution.

B.

All licenses issued hereunder shall be kept posted in a conspicuous place on the licensed premises.

C.

Upon the filing of each application hereunder, either for an original license or a renewal thereof, the supervisor of animal control or his designee shall make such investigation as he deems proper, which includes at a minimum those subjects listed under subsections A, B and C of Section 6.28.025. He shall then issue a license to the applicant if he finds that:

The keeping of animals, or the conduct or operation of the business for which the license is requested will not violate any law or ordinance of the town, or any law of the state of California; and

The premises and establishment where animals are to be kept is maintained in a clean and sanitary condition and the animals will not be subject to any suffering, cruelty, or abuse; and

The applicant has not had a license revoked within one year prior to the application. (Ord. 200 §2(part), 1990)

No application for renewal of license for a pet shop or kennel shall be considered for issuance until the applicant for such pet shop or kennel license has secured a signed statement from the town planning director or his designee indicating that the location of the proposed pet shop or kennel is legally sanctioned by the provisions of this code for such use. (Ord. 216 §9, 1992: Ord. 200 §2(part), 1990)

A.

Any license issued hereunder may be revoked, suspended or denied under the procedure outlined in this code, if, after due investigation, the director of animal control or his designee, finds:

That the licensee, his agent, or any employee, has been convicted of any offense involving the violation of applicable Sections of Title 14 of the Penal Code of the state of California, or any provision of this title; or

That the licensee, his agent, or employee, has at the place for which the license was issued, failed to provide for any animal in his possession, care or control, proper and sufficient food, drink, shelter, or protection, or subjected any animal to suffering, cruelty, or abuse; or

That the licensee, his agent, or employee, has failed to maintain the premises in a clean and sanitary condition.

B.

The supervisor of animal control shall, either by direction from a higher authority or by self-initiation, cause an investigation to be conducted concerning violations of law by the licensee. The findings of such investigation shall be reduced to writing and forwarded to the director of animal control. If, after investigation, the director concludes that one or more grounds for revocation, suspension or denial exist(s), he shall cause written notice of hearing to be transmitted by mail to the address of the licensee.

C.

Said notice shall specify the grounds of possible revocation, suspension or denial of the license and shall specify a date and time for an informal hearing to be held before the director of animal control. Said hearing date shall not be less than five days nor more than fifteen days subsequent to the date said notice is mailed. The licensee shall be invited to attend such hearing and present evidence. Based upon the evidence presented at said hearing, the director may uphold, revoke, or modify the terms of said license. Notice of said decision will be mailed to the licensee within ten days after the conclusion of the hearing.

D.

If it is determined by the director of animal control that the health and safety of any of the animals is in peril, he may suspend the license immediately, pending further review or a hearing as described in subsection A of this section. Such immediate suspension does not prohibit or limit the licensee to pursue the appeal process, nor eliminate his rights to a hearing before the director of animal control. (Ord. 200 §2(part), 1990)

Any person dissatisfied with the ruling of the director of animal control may within ten calendar days thereafter, appeal said decision to the town manager. Such appeal shall be a simple statement in writing setting forth in common terms, the basis of the appeal. A hearing may be requested. If a hearing is requested, the town manager shall set a time for said hearing. At least fifteen days' notice of hearing shall be given, and such hearing must be held within sixty days of the filing of the appeal unless waived by both the licensee and the town manager. A person dissatisfied with the ruling of the town manager may, within ten calendar days thereafter, appeal said decision to the town council using the same procedure as appealing to the town manager. (Ord. 200 §2(part), 1990)

No pet shop or kennel license shall be issued or renewed unless proof has been presented that all dogs in the pet shop or kennel have been vaccinated against rabies, and licensed as provided by Section 6.08.010 and 1920A of the state Health and Safety Code, if the dogs are being boarded for thirty days or more. (Ord. 200 §2(part), 1990)