Petaluma Municipal Code Ch. 9.14 Animal Permits

kennels or catteries or aviaries required.

No person shall conduct, operate or keep any commercial kennel, hobby kennel or pet shop within the city

without Lrst obtaining a permit pursuant to the provisions of this chapter and the Petaluma zoning laws. (Ord.

2185 NCS §2, 2004.)

Application for a permit for a commercial kennel or cattery, hobby kennel or cattery, pet shop or aviary shall be

made in writing to Petaluma animal services (PAS) by the owner of the facility prior to opening the facility. Such

application shall be on a form approved by Petaluma animal services and shall be accompanied by a permit fee,

the amount of which shall be established. If all other requirements for permitting under the chapter are met, such

permit fee shall be waived for any commercial kennel devoted exclusively to training or breeding assistance dogs.

PAS shall require such proof of qualiLcation as PAS deems necessary prior to waiving the permit fee for any such

facility. If the owner of any commercial kennel or cattery, hobby kennel or cattery or pet shop fails to make

application for a permit within Lfteen business days after receipt of notice from PAS to obtain a permit shall pay a

penalty for late permitting, in an amount of which shall be established by the city council, in addition to the normal

permitting fee. The permit fee for commercial kennels/catteries shall be in lieu of the permit fees and registration

fees required for individual animals. The license permit fee for hobby kennels or hobby catteries shall be in

addition to the permit fees and registration fees required for individual animals.

A. Upon receipt of an application for a commercial kennel or cattery, hobby kennel or cattery or pet shop, the

animal control oNcer shall review the application and inspect the premises to be issued a permit. If the animal

control oNcer Lnds that the requirements of this chapter have been complied with, the animal services director

shall issue such permit to the owner. If the director Lnds otherwise, then the director shall deny the license

permit.

B. When issuing a permit pursuant to this chapter, the animal control oNcer may make the permit subject to

such reasonable conditions as the director deems necessary to protect the public health, safety and welfare and

the protection of the animals.

C. Upon issuing the permit pursuant to this chapter, the animal control oNcer shall provide the owner of the

commercial kennel or cattery with individual permit tags for each dog or cat kept on the premises under the

permit. The animal control oNcer shall, during the term of the permit, upon written application, provide such

owner without charge any additional permit tags required for new dogs or cats coming into the owner’s

possession on the permitted premises under the permit.

D. Upon issuing a hobby kennel or hobby cattery permit and payment of the permit fees required, the animal

control oNcer shall provide the owner of the hobby facility with individual tags for each dog or cat kept on the

permitted premises.

(Ord. 2185 NCS §2, 2004.)

Every commercial or hobby kennel or cattery, or pet shop permit issued pursuant to this chapter shall be annual,

expiring one year after the date of issue. The procedure for renewal of any such permit shall be the same as for

obtaining the original permit. If the owner fails to make application for the renewal of such permit within sixty

days after its expiration, such owner shall pay a penalty for such late application in the same amount as

authorized under Section 9.12.190. (Ord. 2185 NCS §2, 2004.)

The animal control oNcer may deny or revoke any permit issued pursuant to this chapter in any of the following

situations:

A. Whenever the animal control oNcer determines by inspection that the permitted premises violate any of the

conditions of the permit, this chapter or state law.

B. Whenever the animal control oNcer has reason to believe that the owner of the permitted facility has willfully

withheld or falsiLed any information required for the permit.

C. Whenever the animal control oNcer has reason to believe that the owner of the permitted facility, or any

employee of the owner who is presently employed by the owner, has been convicted by a court of law within the

past Lve years of a violation of this chapter or any other law relating to animals, public nuisance caused by animals

or cruelty to animals, in this or any other state. For purposes of this section a forfeiture of bail shall be deemed to

be a conviction of the oOense.

(Ord. 2185 NCS §2, 2004.)

The applicant may appeal the denial of a permit application or permit condition by Lling a written appeal with the

city clerk stating the reason the applicant believes the denial or permit condition was improper. The appeal shall

be heard by the city council. The city council may aNrm, modify or overrule the decision of the animal control

oNcer. (Ord. 2185 NCS §2, 2004.)

If a permit applied for or granted under this chapter is denied or revoked, the animal control oNcer shall not grant

a new permit to the same person for the same activity at the same location for two years after the date of the

denial or revocation unless the applicant demonstrates and/or the animal control oNcer determines by

investigation or inspection upon a preponderance of the evidence, in which the burden of proof is upon the

applicant, that the grounds upon which the application was denied or the permit revoked no longer exists. (Ord.

2185 NCS §2, 2004.)

No commercial kennel or cattery, hobby kennel or cattery or pet shop permit issued pursuant to this chapter shall

be transferable. (Ord. 2185 NCS §2, 2004.)

Every commercial kennel or cattery, licensed hobby kennel or cattery, or pet shop permit issued pursuant to this

chapter shall post its permit in some conspicuous part of the license’s permitted premises. (Ord. 2185 NCS §2,

2004.)

As a condition to the issuance or renewal of any commercial or hobby kennel or cattery or any pet shop permit

issued pursuant to this chapter, the animal services manager shall have the authority to conduct periodic

inspections of the permitted premises. The owner of the facility shall make available to the manager such

information regarding the operation of the facility, as the manager shall require. (Ord. 2185 NCS §2, 2004.)

The animal services manager shall establish regulations and standards for commercial kennels or catteries, hobby

kennels or catteries and pet shops permitted pursuant to this chapter relating to the following:

A. The maximum number and species of animals to be kept on the permitted premises.

B. The construction, sanitation and maintenance of the facilities on the permitted premises.

C. Any other matters pertaining to the humane care, conLnement and treatment of animals that the director

deems necessary.

(Ord. 2185 NCS §2, 2004.)

A. The purpose of a TRNM program is to reduce or eliminate the number of feral cats through the practice of

managing existing colonies. This section is intended to provide the framework for an authorized feral cat care

organization to work cooperatively with Petaluma animal services to actively manage existing feral cat colonies.

Feral cats, and feeding or maintaining feral cats, within the city are hereby declared to be public nuisances, and a

violation of this chapter, except for feeding or maintaining by an authorized feral cat care organization in

accordance with this chapter. All authorized feral cat care organizations must:

1. Register with animal services and provide proof of status as a 501(c)(3) or comparable nonproLt

organization;

2. Submit a written plan to animal services identifying the organization’s name, project leaders, objectives,

and implementation plans;

3. Establish and maintain liability insurance as speciLed by the city of Petaluma risk management oNce

naming the city of Petaluma and the Petaluma community development commission and their oNcials,

oNcers, employees, agents, and volunteers as additional insureds;

4. Establish a colony tracking system and provide an annual report to Petaluma animal services. Annual

reports shall include colony location, number of current members, new colony members, the number of cats

sterilized, the number of cats removed for adoption, and public education eOorts;

5. Provide for and provide animal services documentation verifying the sterilization of all cats and kittens

over four months of age by a licensed veterinarian and three-year vaccination against rabies within one

month of any cat entering the colony. All sterilized cats shall be marked by cropping the pointed end of the

ear (ear tipping);

6. Establish a standardized feeding station and a feeding program as agreed upon with animal services;

7. Remove kittens from the colony that can be socialized and adopted and evaluate new colony members

for socialization and possible adoption;

8. Agree to work collaboratively with Petaluma animal services on public education eOorts;

9. Submit to Petaluma animal services written authorization from the owner of the property where the cats

are fed and maintained; and

10. Provide within ten days all colony records to a Petaluma animal control oNcer for inspection in

response to a complaint or alleged violation of law.

B. This section is not intended to prevent a private party from asserting any legal rights to enjoin or seek

damages resulting from the feeding of feral cats that adversely aOects such person’s property interests.

C. The city may abate a public nuisance created by feral cats by seizing the feral cats on public property by any

means of abatement in accordance with Title 9 of this code or any other law.

D. Notwithstanding anything in this section to the contrary, feeding feral cats is prohibited and a public

nuisance:

1. In or within the Petaluma Wetlands, located along the Petaluma River. For purposes of this section, the

Petaluma Wetlands are bordered by the Petaluma River on the southwest, and Lakeville Highway to the north

and east, and the length of the Petaluma Wetlands is from the Petaluma Marina to and including the

Petaluma holding ponds.

2. Inside any city park.

3. Feeding feral cats or otherwise caring for a feral cat colony without written permission from the owner of

the land where the cats are maintained or fed.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004.)

Every commercial kennel and cattery pursuant to this chapter shall keep, on the permitted premises, records

available for inspection by the director. These records shall contain all of the following:

A. The name, current address, and telephone number of the owner/guardian of each animal at the kennel or

cattery.

B. The date each animal entered the kennel or cattery.

C. The reason for each animal being at the kennel or cattery, such as for boarding, sale, breeding or grooming.

D. A description of each animal at the kennel or cattery, including age, breed, sex and color.

E. A current, valid rabies certiLcate for each animal over four months of age at the kennel or cattery.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004.)

Fees for the processing and investigation of permits issued pursuant to this chapter shall be determined by city

council resolution. (Ord. 2185 NCS §2, 2004.)