San Diego County Municipal Code Art. 5 Kennels

(a) It shall be unlawful for a person to operate or maintain a kennel in the unincorporated area of the County without a kennel license from the Department. The procedures for kennel license applications, renewals, denials, suspensions, revocations, hearings and appeals, except as provided in this chapter, shall be as provided in sections 21.101 et seq. of this code.

(b) A kennel license shall expire one year from the date it is issued unless the Department selects a different expiration date. Fees for kennel licenses for less than one year shall be prorated.

(c) The Department may issue a kennel license subject to any condition or restriction necessary to protect the health and safety of animals or humans.

(d) The Department may inspect a kennel at any reasonable time.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

In addition to the reasons stated in sections 21.107 the issuing officer may deny a kennel license on any of the following grounds:

(a) The operation of the kennel is not allowed at the location proposed.

(b) The applicant has a suspended kennel license for the period the applicant is seeking a license.

(c) The applicant was or is an officer, agent or employee of a kennel licensee whose kennel license was suspended or revoked and the applicant was responsible for or participated in the violation on which the suspension or revocation order was based. In that case, the applicant shall be ineligible: (1) for the period during which the suspension order is in effect, (2) in the case of revocation, for a period of one year after the revocation effective date and (3) if a revocation order has been stayed, during the revocation period and one year after the stay's expiration.

(d) The applicant, within one year from the application date: (1) had a kennel license revoked or (2) was a partner or principal in a firm, corporation or other legal entity that had its kennel license revoked or (3) if a revocation has been stayed, the application is within one year from the stay's expiration date.

(e) The facility in which the applicant proposes to locate the kennel or the facility the applicant proposes to construct, does not meet the requirements for a kennel provided by this chapter.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A kennel operator shall comply with the following requirements:

(a) Each kennel building, fence and other structure shall be structurally sound and be maintained in good repair to protect the animals from injury, contain the animals and to prevent other animals from entering the kennel.

(b) The kennel shall have reliable and adequate electric power and potable water.

(c) The kennel shall have adequate quantities of food and supplies, adequate refrigeration to protect perishable food, and adequate storage facilities to keep food and supplies dry, clean and uncontaminated.

(d) The operator shall maintain the entire kennel facility in a clean and sanitary condition at all times. The operator shall prepare a maintenance schedule for the entire facility that describes how often the operator will clean each part of the facility and have the maintenance schedule available for inspection when the Department inspects the facility. The maintenance schedule shall provide a program to control insects, ectoparasites and avian and mammalian pests. The kennel operator shall clean and sanitize the facility in accordance with the maintenance schedule and at a minimum, shall remove excrement daily, or more often if necessary, to keep the animals and staff safe from contamination, disease and odors, and keep the entire facility free of accumulations of trash and debris.

(e) The kennel shall have and maintain adequately supplied toilet rooms, washrooms, and sinks that allow animal caretakers to practice good hygiene.

(f) The operator shall provide each animal housed in the kennel with food that is uncontaminated, wholesome and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. The food shall be provided in clean and sanitary receptacles accessible to each animal and located to minimize contamination by excreta.

(g) The operator shall provide each animal with potable water in clean and sanitary receptacles available to the animal at all times, unless a licensed veterinarian has restricted an animal's water intake. The water receptacle shall be secured to prevent the receptacle from being tipped over.

(h) The kennel shall protect each animal housed in the facility from the elements, including sun, heat, cold, wind, dampness, rain and snow and shall maintain environmental conditions for each animal that are appropriate for that animal.

(i) The kennel shall provide adequate fresh air ventilation for the health and comfort of each animal in a manner that minimizes drafts, odors and moisture condensation.

(j) The kennel shall provide ample light that is uniformly distributed throughout the facility to allow kennel staff to inspect and clean the kennel during the hours of 7 a.m. to 10 p.m. and shall protect the animals from harmful or annoying illumination.

(k) The kennel's interior walls and floors shall be constructed of material impervious to moisture and maintained in that condition. The material shall have a surface that may be readily sanitized.

(l) The kennel shall have a drainage system to rapidly drain animal excreta from the facility. The drainage shall be constructed and maintained to prevent unpleasant odors and to prevent any drainage backup into the facility.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A kennel operator shall provide a primary enclosure for each animal housed at the kennel. Each primary enclosure shall be:

(a) Constructed and maintained in good repair to protect the animal housed in the enclosure from injury, be able to keep the animal from getting out of the enclosure and keep other animals out.

(b) Constructed and maintained to enable each animal housed in the enclosure to remain dry and clean.

(c) Constructed and maintained to enable the animal housed in the enclosure to have convenient access to clean food and water.

(d) Large enough to allow each animal housed in the enclosure to obtain adequate exercise. A separate kennel house that an animal uses as sleeping quarters shall provide sufficient space to allow each animal in the house to turn about freely, stand easily and sit or lie in a comfortable position. It is unlawful to keep an animal in a primary enclosure or kennel house that does not provide adequate space.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A kennel operator who maintains a primary enclosure that houses one or more cats shall:

(1) Provide a receptacle containing sufficient clean litter in an enclosure to contain excreta based upon the number of cats in the enclosure.

(2) Provide adequate solid resting surfaces to comfortably hold all cats occupying the enclosure at the same time. In a primary enclosure housing two or more cats, each solid resting surface shall be elevated.

(b) No kennel operator shall house more than 12 adult cats in the same primary enclosure.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A kennel operator shall comply with the following additional space requirements for dogs:

(a) An unattended primary enclosure shall not house more than 12 dogs of any size.

(b) The number of dogs in an attended primary enclosure shall not exceed that number that may be safely supervised by the number of attendants on duty and shall not exceed 12 dogs per attendant within the enclosure.

(c) A passageway into a kennel house shall be large enough to allow easy access for each dog in the house.

(d) A kennel that confines a dog in a kennel house which does not meet the space requirements in this chapter for a primary enclosure shall not house the dog in a kennel house for more than 12 hours in any 24 hour period.

(e) A primary enclosure or kennel house of a kennel which was not licensed on September 11, 1986 or a primary enclosure or kennel house erected or installed in a kennel after September 11, 1986, shall meet the minimum space requirements in Table 62.646.

TABLE 62.646

(f) If a primary enclosure or kennel house contains more than one dog, the minimum square feet required is the sum of the square feet requirements for each individual dog kept in the primary enclosure or kennel house.

(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A kennel operator shall employ a sufficient number of caretakers to maintain the standards set forth in this article. It shall not be a defense to an action to suspend or revoke a kennel license or a civil or criminal action to enforce a violation of this article that the licensee was unable to comply due to an insufficient number of employees.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

Animals housed in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions:

(a) A female in estrus shall not be housed in the same primary enclosure as a male, except for breeding purposes.

(b) Any animal exhibiting a vicious disposition shall be housed by itself.

(c) A puppy shall not be housed in the same primary enclosure with an adult other than its dam, and a kitten shall not be housed with an adult cat other than its dam, except when an animal owner specifically requests they be housed together.

(d) No dog shall be housed in the same primary enclosure with a cat and no dog or cat shall be housed in the same primary enclosure with any other species of animal, unless an animal owner requests the kennel operator house specific animals together.

(e) An animal under quarantine or treatment for a communicable disease or an animal with a serious injury or disability shall be kept separate from any other animal.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A kennel operator shall maintain a register for each dog housed at the kennel that includes: (1) the dog owner's name, address, and telephone number, (2) the dog's name and description, including breed, color, sex, month and year of birth, (3) the date of its most recent rabies vaccination and (4) a copy of the current vaccination certificate, the name and telephone number of the veterinarian who vaccinated the dog, or the telephone number of the licensing agency verifying the vaccination.

(b) For all animals other than dogs, the kennel operator shall maintain a register with the name, current address and telephone number of the owner of each animal kept at the kennel, the description of the animal, including its age, if known, or approximate age, breed, sex and color.

(c) The kennel operator shall have someone in attendance at the kennel when the facility is housing one or more animals who can identify each animal in the kennel, except that animals under four months of age may be identified as to litter.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A kennel operator shall not be required to obtain the dog license required by this chapter for each dog housed in the kennel, but shall not house a dog in the kennel that has not been vaccinated as required by this chapter.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A kennel the Department determines is unsanitary or a threat to animal or public health, safety or welfare, or being operated contrary to this chapter is declared to be a public nuisance. The Department may take action against the kennel operator as authorized by State law or this code to abate the nuisance. If the Department determines immediate action is necessary to preserve or protect an animal or public health, safety or welfare, the Department may summarily abate a nuisance by any reasonable means including impoundment of any animal and immediate closure of a kennel until the nuisance is abated. The Department may recover its abatement costs from the kennel operator.

(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)