San Luis Obispo County Municipal Code Ch. 9.06 Commercial Animal Operations

(a) No person shall conduct any commercial breeding, kennel, stable, pet shop or other commercial animal operation as defined in this title without first obtaining the appropriate permit from the division.

(b) Issuance of a permit to operate under this section does not supersede, negate, or otherwise eliminate the requirement of an animal owner or keeper to comply with all other municipal and or county regulations and ordinances related to the sale or keeping of animals.

(Ord. No. 3498, 11-7-23)

(a) The division shall establish minimum standards of sanitation, animal care, and animal housing for the operation of a commercial animal facility. In the event that another law or regulation sets forth different standards regarding the sanitation, care and housing of animals at the facility, the more restrictive law or regulation shall control.

(b) Failure of a permit holder to correct a deficiency in operational standards upon notification by the division constitutes an infraction.

(Ord. No. 3498, 11-7-23)

(a) The division shall conduct an inspection of the associated animal facility upon receipt of an application for a new commercial animal operation permit and from time to time as may be deemed necessary by the chief animal control officer to ensure appropriate animal care and management.

(b) Routine commercial animal operation permit inspections may be conducted without prior notification during the normal business hours of the permitted animal facility.

(c) Inspections conducted in conjunction with an investigation of alleged or suspected animal welfare concerns or permit violations may be conducted as necessary for that purpose.

(d) Refusal of an applicant or permit holder to allow an inspection may be grounds for denial or revocation of the permit.

(Ord. No. 3498, 11-7-23)

(a) Unless exempted by county or municipal code, no person, firm, corporation, or association may erect, establish, or maintain any commercial animal operation without first obtaining a business license from the jurisdiction wherein the operation is located.

(b) Such business license shall be issued in a form and for a duration prescribed by the issuing authority.

(Ord. No. 3498, 11-7-23)

The owner or operator of a commercial animal operation shall post in a conspicuous location, where it may be seen outside the locked premises, a notice listing the names and telephone numbers of persons who may be contacted in the case of any emergency.

(Ord. No. 3498, 11-7-23)

(a) An applicant shall be granted a commercial animal operation permit by the chief animal control officer upon submittal of a complete application, successful completion of an inspection of the associated animal facility and payment of any associated fees as may be established by resolution or ordinance by the board of supervisors.

(b) Any permit issued under this title may be suspended or revoked by the chief animal control officer upon the determination that:

(1) The permitted operation creates, is likely to create, or promotes a public nuisance; or

(2) The permittee, their agents or employees have failed to maintain the premises in a clean, sanitary condition; or

(3) The permittee, their agents or employees have failed to provide appropriate care or housing for the animals in their keeping; or

(4) The permittee, their agent, or employee has been convicted of any offense involving a violation of Section 597 of the California State Penal Code; or

(5) The division determines that the application included any materially false information; or

(6) The permittee, their agents or employees have failed to meet the operational standards established by the division for a commercial animal operation or have otherwise violated any other rule or regulation related to the operation of a commercial animal operation.

(c) Prior to the suspension or revocation of any permit issued under this title, the division shall conduct a hearing into the basis for such suspension or revocation.

(1) Notice of the hearing shall be mailed to the permittee or posted at the location of the permitted operation at least five days prior to the date of the hearing.

(2) Written notice of the hearing findings shall be mailed to the permittee or posted at the location of the permitted operation.

(3) Any order to suspend or terminate a permitted operation shall become effective no sooner than seven, nor more than thirty, calendar days from the date of issuance.

(Ord. No. 3498, 11-7-23)

(a) The applicant or holder of a commercial animal operation permit which has been denied, suspended, or revoked may appeal the decision to the board of supervisors by submitting a written request to the clerk of the board within seven days of the issuance of such decision. The clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permitee and to the division.

(b) The board of supervisors, or their designee, shall hear the evidence offered by the division and by the applicant or permitee and shall forthwith decide the issue.

(c) The decision of the board of supervisors, or their designee, shall be final.

(Ord. No. 3498, 11-7-23)

(a) Commercial animal operation permits shall be issued for the calendar year, or any part thereof during which the operation is maintained. Each permit shall expire on December 31 of the current year, provided that such permit may be renewed without penalty on or before January 1 of the next year.

(b) The division may assess a fee for the issuance or the annual renewal of a permit which shall be established by resolution or ordinance by the board of supervisors. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year.

(c) A penalty fee may be assessed for permit renewal applications submitted after January 31. The penalty fee shall be established by resolution or ordinance by the board of supervisors.

(d) Non-profit humane organization conducting a commercial animal operation are exempt from the assessment of permit fees provided that they submit documentation of their Internal Revenue Service designation as a 501(c)3 organization at the time of application and that they submit their renewal application prior to January 31.

(Ord. No. 3498, 11-7-23)