Article IV — KENNELS

SECTION:

5-4.1: Kennel Defined

5-4.2: Kennel Permit And Application Fee

5-4.3: Vaccination Certificate Required

5-4.4: Preliminary Inspection

5-4.5: Permit

5-4.6: Term Of Permit

5-4.7: Delinquent Penalties; Securing Individual Licenses If Kennel Permit Denied; Time Limits

5-4.8: Inspection Of Kennel

5-4.9: Delivery Of Vaccination Certificates To Purchasers

5-4.10: Effect Of Revocation Of Kennel Permit

5-4.1: KENNEL DEFINED:

The term "kennel", as used in this chapter, means a premises, building or enclosure where four (4) or more animals not owned by the kennel owner or operator are kept, boarded, trained, or maintained for commercial purposes for a period longer than twenty four (24) hours. The maintenance of more than two (2) animals used for breeding purposes for which compensation is received, or the parturition

or rearing of more than two (2) litters in one calendar year shall be a rebuttable presumption that such animals are owned or maintained for the purpose of commercial breeding and the owner and the premises shall be subject to permit and licensing requirements as established in chapter 15 of this code. (Ord. 1824, 6-16-2015)

5-4.2: KENNEL PERMIT AND APPLICATION FEE:

In lieu of securing the license required by this chapter for each of the animals in a kennel, a person owning or operating a kennel may obtain a kennel permit covering all of the animals maintained in the kennel. It shall be unlawful to fail to secure the permit required by this chapter. The application for a kennel permit shall be filed with the police department, along with a copy of a valid city business license. The fees for kennel permits shall be set by resolution of the city council in a fee schedule. (Ord. 1824, 6-16-2015)

5-4.3: VACCINATION CERTIFICATE REQUIRED:

The police department shall not issue a kennel permit unless the person applying for the permit files a certificate or certificates signed by a licensed veterinarian showing that all of the animals in the kennel which are over four (4) months of age have been vaccinated against rabies and which indicates that the period of time elapsing from the dates of the vaccinations to the date of expiration of the kennel permit does not exceed thirty six (36) months in the case of vaccination with live virus rabies vaccine or eighteen (18) months in the case of vaccination with killed virus rabies vaccine, as those types of vaccines are defined in section 2606 et seq., of chapter 17 of the California code of regulations. During any period when the city of Porterville is designated as a rabies area pursuant to sections 121575 - 122374 of the Health And Safety Code of the state of California, no killed virus vaccine shall be used other than vaccine of bovine nerve tissue origin.

However, if one or more animals in the kennel are too ill to be vaccinated against rabies at the time the application for the kennel permit is filed with the police department, and the application for the kennel permit is accompanied by a certificate signed by a veterinarian which states this fact, the police department may process and issue the kennel permit in compliance with this chapter. The owner of the kennel shall thereafter have each such animal vaccinated within thirty (30) days after the date on which it becomes well enough to be vaccinated and the owner of the kennel shall file the vaccination certificate with the police department. If a person holding a kennel permit has failed to have an animal vaccinated pursuant to this section, the police department may immediately revoke the kennel permit and give the holder of the kennel permit written notice of such revocation. (Ord. 1824, 6-16-2015)

5-4.4: PRELIMINARY INSPECTION:

The police department may inspect all kennels to determine whether the kennels are constructed and operated in such a manner as to prevent the animals confined therein from running at large. (Ord. 1824, 6-16-2015)

5-4.5: PERMIT:

If the police department has determined that the kennels are constructed and operated in such a manner as to prevent animals confined therein from running at large, and if the required vaccination certificates have been filed in compliance with the provisions of this chapter, the police department may issue a kennel permit to the applicant. The kennel permit issued by the police department shall contain a serial number, the expiration date of the permit, the address of the kennel, and such other information as the police department may require. (Ord. 1824, 6-16-2015)

5-4.6: TERM OF PERMIT:

Kennel permits shall be issued on an annual basis commencing on January 1 and expiring on December 31. (Ord. 1824, 6-16-2015)

5-4.7: DELINQUENT PENALTIES; SECURING INDIVIDUAL LICENSES IF KENNEL PERMIT DENIED; TIME LIMITS:

Commencing on January 1 of each year, the police department shall collect a delinquent penalty, in addition to the regular permit fee, before issuing any kennel permit if the time limits set forth in this chapter have expired for any animal in the kennel at the time that the application for the permit is filed. The delinquent penalty shall be in an amount equal to the regular permit fee as set forth in this chapter. If an application for a kennel permit is filed before the time limits set forth in this chapter have expired, and if after the expiration of such time limits, the police department determines that a kennel permit will not be issued, the police department shall send the owner of the kennel written notice that the kennel permit will not be issued. It shall be unlawful for the owner of the kennel to fail to secure individual licenses for each of the animals in the kennel, pursuant to the provisions of this chapter, within thirty (30) days after receipt of such written notice of such violation. During the period between the date on which the application for the kennel permit is filed with the police department until thirty (30) days after receipt of said written notice, the owner of the kennel shall not be in violation of this chapter. (Ord. 1824, 6-16-2015)

5-4.8: INSPECTION OF KENNEL:

The police department may at any time inspect any kennel for which a kennel permit has been issued. If the police department determines that the kennel is not being operated in accordance with this chapter, the police department may revoke the kennel permit. (Ord. 1824, 6-16-2015)

5-4.9: DELIVERY OF VACCINATION CERTIFICATES TO PURCHASERS:

Whenever a person holding a kennel permit sells any animal in the kennel, he/she shall deliver a copy of the vaccination certificate for the animal to the purchaser. If satisfactory evidence is presented to the police department that a person holding a kennel permit has failed to comply with the provisions of this section, the police department may revoke the kennel permit. (Ord. 1824, 6-16-2015)

5-4.10: EFFECT OF REVOCATION OF KENNEL PERMIT:

If the police department revokes a kennel permit pursuant to the provisions of this chapter, it shall be unlawful for the owner of the kennel

to fail to secure individual licenses for each of the animals in the kennel, pursuant to this chapter, within thirty (30) days after receipt of written notice of such revocation from the police department. Any person whose kennel permit has been revoked by the police department shall not be permitted to apply for a kennel permit until the next calendar year. (Ord. 1824, 6-16-2015)