San Marcos Municipal Code Ch. 6.20 Kennels

Editor's note— Ord. No. 2018-1467, § 2(Exh. A), adopted Oct. 9, 2018, amended Ch. 6.20 in its entirety to read as herein set out. Former Ch. 6.20, §§ 6.20.010—6.20.190, pertained to similar subject matter and derived from Ord. No. 2002-1136, adopted Mar. 12,

It shall be unlawful for any person(s) to operate a kennel within the City without first having obtained a kennel license therefore from the Animal Control Authority. Procedures for kennel license applications, renewals, denials, suspensions, revocations, hearings, and appeals, except as otherwise herein provided, shall be established by the Animal Control Authority. Kennel licenses shall expire one year from the date of issue unless the Animal Control Authority selects a different expiration. In such case, the kennel license fee shall be prorated.

Any kennel which is found by the Animal Control Authority to be unsanitary or a menace to animal or public health, safety or welfare, is declared to be a public nuisance. The Animal Control Authority is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect animal or public health, safety or welfare, the Animal Control Authority is authorized and empowered to summarily abate such nuisance by any reasonable means including, but not limited to impoundment of the animal(s) and/or immediate closure of the kennel for such time until the nuisance is abated.

In such case, hearings shall be provided in accordance with Chapter 5.04 and/or Chapter 6.24 of this Code. Otherwise, the Animal Control Authority shall inaugurate proceedings in accordance with provisions of the uniform license procedure. The Animal Control Authority may also commence proceedings in accordance with the uniform public nuisance abatement procedure contained in Title 10, Chapter 10.04 of this Code.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

Acknowledgement of Standards. A copy of the applicable kennel standards will be supplied to the applicant with each request for an application for a kennel license, and the applicant shall acknowledge receipt of such standards and agree to comply with them and to allow inspections at reasonable times by signing the application form.

(b)

Demonstration of Compliance with Standards. Each applicant or kennel operator must demonstrate that his/her premises and any facilities or equipment used in his/her kennel comply with the standards set forth in this chapter. In addition, each applicant or kennel operator shall correct any deficiencies noted within a reasonable time specified by the Animal Control Authority. Plans for new or remodeled kennel facilities may be submitted to the Animal Control Authority for review. Upon request by the Animal Control Authority, the applicant or kennel operator must make his/her premises, facilities, and equipment available for the purpose of ascertaining compliance with said standards.

(c)

Conditions and Restrictions. The Animal Control Authority may issue a kennel license under any conditions and restrictions which it deems necessary for the protection of animal and/or public health, safety, or welfare, and may specify such conditions and restrictions on the kennel license.

(d)

Additional Reasons for Denial of Application. In addition to the reasons stated in the uniform licensing procedure, the Animal Control Authority shall not issue a kennel license to:

(1)

Any person applying for an original kennel license who has not received zoning/land use approval for the location from the Planning Division or who has not obtained any necessary permit(s) for its operation; or

(2)

Any person whose kennel license has been suspended for the period during which the order of suspension is in effect; or

(3)

Any person who has been or is an officer, agent, or employee of a licensee whose kennel license has been suspended or revoked and who was responsible for or participated in the violation upon which the order of suspension or revocation was based, for the period during which the order of suspension is in effect and for a period of one year from the effective date of a revocation, or if a revocation has been stayed, until one year from the expiration of the stay; or

(4)

Any person whose kennel license has been revoked, or any partnership, firm, corporation, or other legal entity in which any such person has a substantial financial interest for a period of one year from the effective date of such revocation, or if a revocation has been stayed, until one year from the expiration of the stay; or

(5)

The facility in which the applicant proposes to locate the kennel does not meet the requirements for a kennel provided by this chapter; or

(6)

Any person who fails to comply with any provision of this chapter.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

Structural Strength. Indoor and outdoor housing facilities shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to prevent the entrance of other animals from entering the indoor or outdoor housing facility. Crates and boxes, automobile bodies, scrap materials salvaged from plyboards, odd pieces of material such as linoleum, tin, canvas and other such materials are not suitable and shall not be used for indoor or outdoor housing facility.

(b)

Fencing. Any fencing shall be in conformance with planning/zoning requirements and be of suitable sturdy material anchored solidly to the ground in such a manner to prevent animals from escaping by digging under the fence and of sufficient height to prevent animals from escaping. If necessary, to accomplish the intent of containment, a cover over the fenced area shall be installed.

(c)

Water and Electric Power. Reliable and adequate electric power, if required to comply with other provisions of this chapter, and adequate potable water shall be available.

(d)

Storage. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.

(e)

Waste Disposal. Provisions shall be made for the removal and disposal of animal and food wastes, bedding, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards.

(f)

Washrooms and Sinks. Facilities, such as washrooms, basins or sinks, shall be provided to maintain cleanliness among animal caretakers.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

Heating. Indoor housing facilities shall be warm enough to protect the animals from cold. Sufficient clean bedding material or other means of protection shall be provided when the ambient temperature falls below that temperature to which an animal is acclimated.

(b)

Ventilation. Indoor housing facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85 degrees Fahrenheit or higher within the indoor housing facility.

(c)

Lighting. Indoor housing facilities shall have ample light by natural or artificial means, or both, of good quality and well distributed. Such lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period. Primary enclosures shall be so placed as to protect the animals from excessive illumination.

(d)

Interior Surfaces. The interior building surfaces of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized.

(e)

Drainage. A suitable method shall be provided to rapidly eliminate excess liquid from indoor housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

Shelter from Sunlight. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all animals kept outdoors to protect themselves from the direct rays of the sun.

(b)

Shelter from Wind, Rain or Snow. Animals kept outdoors shall be provided with access to shelter to allow them to remain dry during wind, rain or snow.

(c)

Shelter from Cold Weather. Shelter shall be provided for all animals kept outdoors when the atmospheric temperature falls below 50 degrees Fahrenheit. Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which an animal is acclimated.

(d)

Drainage. A suitable method shall be provided to rapidly eliminate excess liquid.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

Primary enclosures must be provided for all animals and shall conform to the following requirements:

(a)

Primary enclosures shall be structurally sound and maintained in good repair to protect the animals from injury, to contain them, and to keep other animals out. They shall be effectively enclosed.

(b)

Primary enclosures shall be constructed and maintained so as to enable the animals to remain dry and clean.

(c)

Primary enclosures shall be constructed and maintained so that the animals contained therein have convenient access to clean food and water.

(d)

The floors of the primary enclosures shall be constructed so as to protect the animals' feet and legs from injury.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

In all enclosures having a solid floor, a receptacle containing sufficient clean litter shall be provided to contain excreta.

(b)

Each primary enclosure shall be provided with a solid resting surface or surfaces which, in the aggregate, shall be of adequate size to comfortably hold all occupants of the primary enclosure at the same time. Such resting surface or surfaces shall be elevated in primary enclosures housing two or more cats.

(c)

Not more than 12 adult cats shall be housed in the same primary enclosure.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

Primary enclosures must be large enough so that the animals in them can obtain adequate exercise. Any separate kennel houses used as sleeping quarters must provide sufficient space to allow each animal to turn about freely, stand easily, sit and lie in a comfortable normal position. It is unlawful to keep any animal in a primary enclosure or kennel house that does not provide adequate space as required by this chapter.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

A primary enclosure shall never house more than 12 dogs of any size.

(b)

Passageways into kennel houses shall allow easy access for all dogs housed in them. Any dog confined to a kennel house which does not meet the space requirements for a primary enclosure shall be provided access to its primary enclosure after no more than 12 hours for sufficient time to allow adequate exercise.

(c)

Any primary enclosure(s) and/or kennel house(s) or kennel(s) which were not licensed on the effective date of this chapter and those completed or installed in any kennel after the effective date of this chapter shall meet the following space requirements:

MINIMUM SPACE REQUIREMENTS

WEIGHT OF PRIMARY ENCLOSURE KENNEL HOUSE DOG IN POUNDS WIDTH SQ. FOOTAGE WIDTH SQ. FOOTAGE

Up to 15 2.0'  6.0 1.5' 3.0

Over 15 to 35 2.5' 10.0 2.0' 5.0

Over 35 to 65 3.0' 15.0 2.5' 7.5

Over 65 to 95 3.0' 18.0 2.5' 9.0

Over 95 to 130 3.5' 24.0 3.0' 12.0

Over 130 4.0' 32.0 3.5' 14.0

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

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

Animals shall be provided food which shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.

(b)

Food receptacles shall be accessible to all animals and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be sanitized at least once every two weeks. Disposable food receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be sanitized regularly to prevent molding, deterioration or caking of feed.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

Clean potable water shall be available to the animals in conformance with the principles of good animal husbandry unless restricted for veterinary care. Containers shall be designed sufficient to prevent tipping and spilling the water contained therein. If necessary to accomplish this, the containers shall be secured to a solid structure. Watering receptacles shall be kept clean and shall be sanitized at least once every two weeks.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

Cleaning. Excreta shall be removed from primary enclosures and kennel houses as often as necessary, at least daily, to prevent contamination of the animals contained therein and to reduce disease hazards and odors. When a hosing or flushing method is used for cleaning, any animal contained in the enclosure shall be protected during the cleaning process, and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other wastes. Rugs, blankets, or other bedding material shall be kept clean and dry.

(b)

Sanitizing. Prior to the introduction of animals into empty primary enclosures previously occupied, such enclosures shall be sanitized in the manner provided herein. Enclosures shall be sanitized often enough to prevent an accumulation of debris or excreta, or a disease hazard: provided, however, that such enclosures shall be sanitized at least once every two weeks in the following manner: Cages, rooms and hard surfaced pens or runs shall be sanitized by washing them with hot water (180 degrees Fahrenheit) and soap or detergent or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand, or dirt shall be sanitized by removing the soiled gravel, sand, or dirt and replacing it as necessary.

(c)

Housekeeping. Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animal from injury and to facilitate the prescribed husbandry practices. Premises shall remain free of accumulation of trash.

(d)

Pest Control. An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained at the kennel.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

A kennel operator shall utilize a sufficient number of caretakers to maintain the standards set forth in this chapter.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

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

(a)

Females in season (estrus) shall not be housed in the same primary enclosures with males, except for breeding purposes.

(b)

Any animal exhibiting a vicious disposition shall be housed individually in a primary enclosure.

(c)

Puppies or kittens shall not be housed in the same primary enclosures with adult dogs or cats other than their dams, except when the owner of the animals specifically requests they be housed together.

(d)

Dogs shall not be housed in the same primary enclosures with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals unless the owner of the animals specifically requests they be housed together.

(e)

Animals under quarantine or treatment for a communicable disease shall be separated from other animals and other susceptible species of animals in such a manner as to minimize dissemination of such disease. Animals with substantial injuries shall also be separated from other animals.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

The kennel operator shall keep available for inspection on the premises, a record that shall show 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. As a part of such record, a current valid rabies vaccination certificate or other written proof of vaccination verified by telephone number, shall be maintained for each dog required to be vaccinated by this title, showing the dog owner's name, address and telephone number; the dog's name and description, including breed, color, sex, month and year of birth; the date of vaccination; and the name and telephone number of the veterinarian who vaccinated the dog or telephone number of the licensing agency verifying the vaccination. In addition, each kennel operator shall have someone in attendance at the kennel who can identify each animal in the kennel, except that animals under four months of age may be identified as to litter. A kennel operator shall not be required to obtain the individual dog licenses imposed by this title for each dog in his/her kennel for which the kennel license is obtained.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

Because of the need to adequately protect animals within kennels from unhealthy conditions and practices and the interests of society in curbing and preventing inhumane practices, reasonable inspection requirements dictate that Animal Control Authority Officers shall have the right to inspect at reasonable times. As a condition of the issuance of a kennel license, each kennel operator shall agree to

allow such inspection; such acknowledgement shall be made a part of the application and file. Each kennel for which a kennel license has been issued shall be inspected at intervals determined by the Animal Control Authority.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

Any person who violates any provision of this chapter or of the uniform licensing procedure (Title 5, Chapter 5.04, Sections 5.04.010 through 5.04.070) of this Code is guilty of a misdemeanor. Any act or omission by a kennel operator in contravention of these requirements, or of any of the conditions and/or restrictions of the issued kennel license, shall be grounds for and shall authorize the suspension and/or revocation of the kennel license independently of any criminal prosecution or the results thereof. The Director may suspend or revoke the kennel license irrespective of the pendency of any criminal proceedings, and prior to the initiation thereof.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)