Rancho Santa Margarita Municipal Code Art. X General Licensing Procedures

The Director shall develop and manage an animal facility licensing process and receive all applications for animal licenses. The Director thereafter shall provide such application forms as are necessary for the convenience of the City, public and the economic and efficient administration of this Chapter.

(Ord. No. 16-09, § 1, 1-11-2017)

The City of Mission Viejo shall establish the amount of fees to be charged for the application and/or issuance of an animal facility license. Such fees shall be payable in full and shall not be refundable.

(Ord. No. 16-09, § 1, 1-11-2017)

Each animal facility license shall be in effect for one year from the date on which it was issued, unless otherwise provided by the City of Mission Viejo.

(Ord. No. 16-09, § 1, 1-11-2017)

The Director shall deny the application for an animal facility license if it is found that:

(a) The applicant does not fulfill the specific requirements for such license as set forth in this Chapter.

(b) The applicant has made any false, misleading, or otherwise deceptive statement in the application.

(c) The applicant is not a fit person to carry on the licensed animal facility business, as determined by specific and definite evidence in the record.

(d) The issuance of an animal facility license to the applicant, or at the location desired, would be detrimental to the public health, safety, or general welfare.

(Ord. No. 16-09, § 1, 1-11-2017)

The animal facility license and each duplicate thereof shall contain the date of issuance, the date of expiration, the location(s) of the licensed activity, the signature of the Director, and such other matters as are specified in this Chapter and as the Director deems appropriate.

(Ord. No. 16-09, § 1, 1-11-2017)

Each animal facility licensee shall display his or her license or duplicate license in a prominent location in each licensed establishment; or if there is none in the City, shall carry his or her license on the licensee's person at all times when conducting the licensed animal facility or animal-related business; or, if a vehicle is licensed, in such vehicle; and each licensee shall display his or her license to any peace officer so requesting to see it.

(Ord. No. 16-09, § 1, 1-11-2017)

When the Director has issued an animal facility license under the terms of this Article, the same may be revoked at any time thereafter by the Director if the Director becomes satisfied that the conduct of the licensee's animal facility does not or will not comport with the public welfare for any reason or that the same has been conducted in an illegal, improper or disorderly manner, or in a manner substantially different than that described in the licensee's application, or for any other reason for which the application could have been denied.

(Ord. No. 16-09, § 1, 1-11-2017)

No animal facility license issued under the terms of this Article shall be transferable or used in conjunction with any activity other than the licensed animal establishment business, and no such license shall be displayed by any person other than the licensee or his or her employee, nor at any location other than that indicated in the license or application.

(Ord. No. 16-09, § 1, 1-11-2017)

(a) Any person whose application for an animal facility license is denied, or whose license is revoked, under the terms of this Article, by the Director, may appeal to the City Council of the City of Rancho Santa Margarita. The appeal shall be made by verified, written declaration to the City Council of the City of Rancho Santa Margarita, received by the City Clerk within 30 days of the action appealed from. The City Council of the City of Rancho Santa Margarita shall hold a hearing on such appeal, and notice of the time, date and place of the hearing shall be mailed to the licensee or applicant at the address given in the license application at least ten days prior to the date of the hearing. For the purpose of the hearing, the City Council of the City of Rancho Santa Margarita may appoint any qualified hearing officer to take evidence offered by the applicant and the Director concerning the denial or revocation and summarize the evidence presented and report his findings and recommendations based on such evidence to the Council, or the Council may itself take such evidence.

(b) The following rules of procedure shall apply:

(1) Oral evidence shall be taken only on oath or affirmation.

(2) Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses covered in the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.

(3) The hearing will be informal and not be conducted according to judicial rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

(c) The Mayor of the City of Rancho Santa Margarita shall, at the request of the issuing officer or the applicant, or their attorneys, issue subpoenas or subpoenas duces tecum to compel the attendance of witnesses at the hearing.

(d) The City Council of the City of Rancho Santa Margarita shall determine, on all the evidence presented to it, or on the summary of evidence and findings of fact and recommendations of the person holding the hearing, whether the license or permit should be issued, or whether such revoked license should be reinstated and shall direct the issuing officer to act accordingly.

(Ord. No. 16-09, § 1, 1-11-2017)

It shall be unlawful for any person(s) to maintain additional or unusual animals, as specified in Article XI, or to engage in, conduct, manage or carry on any of the following animal events, facilities, businesses, practices, professions, or occupations within the City without first having obtained a license therefor in accordance with this Chapter:

(a) Animal exhibition;

(b) Animal rental establishment;

(c) Additional animal, per Section 5.12.360 and 5.12.410;

(d) Commercial stable;

(e) Grooming facility;

(f) Kennel;

(g) Pet shop;

(h) Animal event.

(Ord. No. 16-09, § 1, 1-11-2017)