San Jose Municipal Code Part 3 Animal Rescuer

Any person that maintains more than the number of adult animals allowed under Section 7.40.020 and is an animal rescuer as defined in Section 7.10.040 must register with the administrator as an animal rescuer. In order to register as an animal rescuer, the applicant must provide the administrator with all of the following information:

A. Verifiable proof of membership in or status as a State of California nonprofit corporation with tax-exempt status under Section 501(c)(3) of Title 26 of the Internal Revenue Code, and is in good standing with the State of California;

B. Verifiable proof that animal adoption and placement of rescued animals with a new and permanent owner/guardian in a new home is one (1) of its primary organizational goals and proof of a history of placement of animals with new and permanent owners/guardians in new homes;

C. The location and contact information of the rescue work to be performed and the identity of the person(s) responsible for the care of the animals at that location;

D. Payment of the registration fee as set forth in the schedule of fees adopted by resolution of the city council;

E. Agreement from the applicant to abide by the requirements set forth in Section 7.60.310; and

F. Agreement from the applicant to any other conditions the administrator deems reasonably necessary for the proper care and maintenance of the animals.

(Ord. 28079.)

A. In order to maintain a valid animal rescuer registration, the animal rescuer must comply with each of the following requirements:

1. Rescue work such as the temporary housing and care of domestic animals must be in conformity with all standards of animal care and housing set forth by state law and this title.

2. Rescue work may not create a public nuisance.

3. Animal rescuer must cooperate with the city during investigations of complaints and inspections of animal areas.

4. Animal rescuer must limit the number of animals maintained at the registered location if the administrator deems limitations are necessary because of space, finance, effect on surrounding area, history, or any other criteria relevant to the animal rescuer's ability to provide proper and adequate care of the animals.

B. The administrator may revoke the animal rescuer registration if the holder of the registration fails at any time to satisfy one (1) or more of the requirements specified in this section.

(Ord. 28079.)

The registration may not be sold, assigned or transferred and may cover only the premises designated and the person to whom the registration was originally issued.

(Ord. 28079.)

The administrator may deny or revoke a registration issued pursuant to this part in any of the following situations:

A. The administrator has determined by inspection of the premises where the animals are maintained that the applicant cannot comply with the requirements of this part, the title, or applicable state law, or the registrant is in violation of the registration conditions.

B. The administrator has reason to believe that the applicant or registrant has willfully withheld or falsified any information required for a registration.

(Ord. 28079.)

If the administrator seeks to deny the application or revoke the registration, the administrator must send the applicant or registrant a notice of intent to deny or revoke, which must state the following:

1. The reasons for the denial or revocation;

2. That the applicant or registrant must remove all animals from the premises covered by the registration or registration application, within ten (10) business days after service of the notice of intent to deny or revoke. Service may be personally or by first-class mail, postage prepaid;

3. That the applicant or registrant may appeal the intended decision by requesting a hearing in writing;

4. That the request for a hearing must be received by the administrator within five (5) business days after service of such notice if he or she wishes to challenge the denial or revocation. Service may be personally or by first-class mail, postage prepaid;

5. If the written appeal to the hearing officer is made, the applicant or registrant may maintain the animals on the premises if the maintenance of these animals on the premises pending the hearing will not result in harm to the animals or unreasonably impact the public health and safety of the neighboring community;

6. That the failure to request a hearing within the time specified may result in the seizure of the animals; and

7. That the failure to appeal the administrator's intended decision terminates the applicant or registrant's right to a hearing.

(Ord. 28079.)

A. Upon receipt of a request for a registration denial or revocation hearing, the hearing officer must set the date, time, and place for the hearing. The hearing officer must cause notice of the hearing to be mailed to the person requesting a hearing at least five (5) business days before the date of the hearing.

B. At the hearing, the applicant or registrant and the administrator may be represented by counsel, may present evidence, and may cross-examine witnesses. Strict rules of evidence do not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

C. Any witness appearing may present evidence.

D. The hearing officer may also cause notice to be sent to the owners of each property within three hundred (300) feet of the property designated in the registration or registration application. This notice must state:

1. The date, time, location, and nature of the hearing;

2. The reasons for the denial or revocation; and

3. That the parties notified have a right to present any relevant evidence with regard to the denial or revocation of the registration.

(Ord. 28079.)

A. The decision of the hearing officer is final. Any appeal of the final administrative decision must be pursuant to Section 1.16.010.

B. The hearing officer's decision must be supported by evidence on the record.

C. If the hearing officer upholds the decision to deny the registration application or revoke the registration, then the hearing officer may direct that the owner/guardian of the animals and person with a right to control the animals remove all animals from the premises covered by the registration or registration application within ten (10) business days after service of the notice of decision. Service may be personally or by first-class mail, postage prepaid.

(Ord. 28079.)

If a registration has been revoked, the administrator may not accept a new registration application from the same person for the same activity at the same location during the six-month period after such revocation, unless the applicant shows, and the administrator finds by inspection or investigation, that the grounds upon which the previous registration was revoked no longer exist.

(Ord. 28079.)