Tehama Municipal Code Ch. 7.20 Kennels and Working Dogs

Footnotes:

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Editor's note— Ord. No. 2144, § 1, 12-17-2024, repealed the former Ch. 7.20, §§ 7.20.005, 7.20.010—7.20.120, and § 2 enacted a new Ch. 7.20 as set out herein. The former Ch. 7.20 pertained to similar subject matter and derived from Ord. 1633, § 7(part), adopted 1994; Ord. 1798, § 2(part), adopted 2003; Ord. 1875, §§ 15, 17, 19, 21, 23, adopted 2006; and Ord. No. 1916, §§ 1, 2, adopted March 24, 2009.

As used in this chapter, and unless the context in which a word is used requires a different meaning, the following terms have the meanings indicated in this section:

A. "Altered" shall mean a male animal that has been neutered or a female animal that has been spayed. Also referred to as a sterilized animal.

B. "Animal rescuer" shall mean any individual possessing an animal rescue permit in accordance with this chapter.

C. "Animal rescue organization" shall mean any building, structure, enclosure for premises run by a animal rescuer, whether or not a valid nonprofit corporation formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals, which meets all requirement and standards referred to in Section 7.20.120 of this Code.

D. "Assistance dogs" are dogs specially trained as guide dogs, signal dogs, or service dogs.

E. "Commercial endorsement" shall mean a permit issued to licensed kennels, or to individuals maintaining fewer than six dogs, to maintain dogs for commercial purposes, including, but not limited to, boarding, breeding (either intentionally or failing to prevent accidental litters), buying, selling, renting, exhibiting or training. A commercial endorsement shall not be required for a veterinary facility, pet shop, humane society shelter, or the county animal shelter.

F. "Director" shall mean the director of animal services.

G. "Division" shall mean the division of animal services.

H. "Kennel" shall mean any of the kennels type I-V as defined in this section.

I. "Type I kennel" shall mean any lot or premises on which six to nine dogs over four months of age are kept or maintained by the owner or occupant.

J. "Type II kennel" shall mean any lot or premises on which ten to fourteen dogs over four months of age are kept or maintained by the owner or occupant.

K. "Type III kennel" shall mean any lot or premises on which fifteen to twenty dogs over four months of age are kept or maintained by the owner or occupant.

L. "Type IV kennel" shall mean any lot or premises on which twenty-one to thirty dogs over four months of age are kept or maintained by the owner or occupant.

M. "Type V kennel" shall mean any lot or premises on which thirty-one or more dogs over four months of age are kept or maintained by the owner or occupant.

N. "Unaltered" shall mean any dog or cat, four months of age or older, that has not been spayed or neutered. An animal capable of producing offspring.

(Ord. No. 2144, § 2, 12-17-2024)

Any person maintaining five or more dogs shall obtain the appropriate kennel license. No person shall operate or maintain a kennel without first obtaining an appropriate license from the department. The period that 2024 licenses are valid shall be extended to January 15, 2025. For the year 2025, such license shall be valid for the period of January 16, 2025, to December 31, 2025. After 2025, such license shall be valid for the period of January 1 to December 31 of that year.

(Ord. No. 2144, § 2, 12-17-2024)

Application for a kennel license shall be made in writing to the director by the owner of the kennel to be licensed. When a kennel license is sought to be operated upon a leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel may be maintained and operated on such premises shall be submitted to the director at the time the application for the kennel is submitted. Such application shall be on a form approved by the director and shall be accompanied by a license fee, the amount of which shall be established pursuant to Section 7.08.105. Such license fee shall be waived for any non-commercial endorsed kennel devoted exclusively to training or breeding assistance dogs if all other requirements for licensing under this chapter are met. The director shall require such proof of qualification as the director deems necessary prior to waiving the license fee for any kennel. Kennel license fees shall be in lieu of any license fee required in Section 7.08.030. If the owner of any kennel fails to make application for a kennel license within thirty days after receipt of notice from the director to obtain a license, such owner shall pay a penalty for late licensing, the amount of which shall be established pursuant to Section 7.08.105 in addition to the license fee required in this section.

(Ord. No. 2144, § 2, 12-17-2024)

A. Upon receipt of an application for a kennel license, the director of animal services shall review the application and shall request that the director of animal regulation inspect the licensed premises. The director of animal regulation shall inspect the licensed premises and make a written report to the director of animal services. If the director of animal services finds that the requirements of this chapter have been complied with, the director shall register the kennel in the records of the director and issue the license applied for to the owner. If the director finds otherwise, the director shall deny the license. The director will provide written notice of the denial within thirty days of receipt of the application. Notwithstanding any other provision of this chapter, the director of animal services may, in their respective discretion, limit the number of dogs over the age of four months which are kept or maintained in any kennel, and such limitation may be imposed at such time as an application for initial kennel license is considered, or at such a time as an application for renewal of a kennel license is considered.

B. When issuing a kennel license pursuant to this chapter, the director may make the license subject to such conditions as the director deems necessary to effectuate the purposes of this chapter and to protect public health, safety and welfare. Failure to comply with any such condition shall be a violation of this chapter.

(Ord. No. 2144, § 2, 12-17-2024)

Every kennel license issued pursuant to this chapter shall be annual, expiring on the last day of December next following its date of issue. The procedure for renewal of any such license shall be the same as for obtaining an original license. If the owner of any kennel fails to make application for the renewal of a kennel license within thirty days after its expiration, or prior thereto, such owner shall pay a penalty for late renewal, the amount of which shall be established pursuant to Section 7.08.105 in addition to the license fee established by Section 7.08.105.

(Ord. No. 2144, § 2, 12-17-2024)

The director of animal services may deny or revoke any kennel license issued pursuant to this chapter in the following situations:

A. Whenever the director determines, based upon an inspection, that the licensed premises violate any of the conditions of the license, this chapter, or state law;

B. Whenever the director has reason to believe that the owner of the kennel has willfully withheld or falsified any information required for the license;

C. Whenever the director has reason to believe that the owner of the kennel, or any agent or employee of same, has been convicted by a court of law within the past five years of a violation of this title or any other law relating to animals, public nuisances caused by animals, or cruelty to animals in this or any other state. For purposes of this section, a forfeiture of bail shall be deemed to be a conviction of the offense charged.

D. Whenever the director determines that the licensed premises or any activities conducted or proposed to be conducted thereon, violates any provision of the Tehama County Zoning Code (Title 17 of this Code) or the Tehama County Buildings and Construction Code (Title 15 of this Code).

(Ord. No. 2144, § 2, 12-17-2024)

If a kennel license issued pursuant to this chapter is denied or revoked, the director shall not accept a new application from the same person at the same location for two years after the date of the denial or revocation unless the person shows and the director determines based upon an investigation or inspection that the grounds upon which the application was denied or the license revoked no longer exist. A denial under this section may be reviewed pursuant to Section 7.08.140. A request for review of a denial under this section must be filed in writing with the director within ten calendar days of decision.

(Ord. No. 2144, § 2, 12-17-2024)

No kennel license issued pursuant to this chapter shall be transferable.

(Ord. No. 2144, § 2, 12-17-2024)

Every kennel licensed pursuant to this chapter shall post its license in some conspicuous part of the licensed premises.

(Ord. No. 2144, § 2, 12-17-2024)

As a condition to the issuance or renewal of any kennel license pursuant to this chapter, the director of animal regulation shall have the authority to conduct periodic inspections of the licensed premises. The director of animal regulation shall make a written report regarding each such inspection to the director of animal services. The owner of the kennel shall make available to the director of animal regulation such information regarding the operation of the kennel as the director shall require. The director of animal regulation may impose an inspection fee, the amount of which shall be established pursuant to Section 7.08.105, where it is found that the licensed premises violates any of the conditions of the license, this chapter or state law.

(Ord. No. 2144, § 2, 12-17-2024)

The director shall establish regulations and standards for licensed kennels, pursuant to this chapter relating to the following:

A. The maximum number and species of animals to be kept on the licensed premises;

B. The construction, sanitation and maintenance of the facilities on the licensed premises;

C. Any other matters pertaining to the humane care, confinement and treatment of animals that the director deems necessary.

(Ord. No. 2144, § 2, 12-17-2024)

Kennels shall have each dog over the age of four months marked with a means of permanent, positive identification (such as a tattoo or micro-chip) and that identification mark or number shall be also recorded on that dog's current rabies vaccination certificate. (Boarding kennels shall be exempt from this requirement.)

(Ord. No. 2144, § 2, 12-17-2024)

Any person or organization wishing to maintain dogs for commercial purposes, including, but not limited to, boarding, breeding (either intentionally or failing to prevent accidental litters), buying, selling, renting, exhibiting or training, must apply for a commercial endorsement for the licensed kennel. In the case that a person has five dogs or less maintained for commercial purposes, said person must apply for a commercial endorsement for the property on which the dogs reside.

(Ord. No. 2144, § 2, 12-17-2024)

Every kennel with a commercial endorsement licensed pursuant to this chapter shall keep available for inspection on the licensed premises records showing all of the following:

A. The name, current address and telephone number of the owner of each animal at the kennel;

B. The date each animal entered the kennel;

C. The reason foreach animal being at the kennel, such as for boarding, sale, breeding or grooming;

D. A description of each animal at the kennel, including its age, breed, sex and color;

E. A current valid rabies certificate for each animal over four months of age at the kennel.

(Ord. No. 2144, § 2, 12-17-2024)

Upon receipt of an application for a commercial endorsement, the director of animal services shall review the application. If the director of animal services finds that the requirements of this chapter have been complied with, the director shall register the commercial endorsement in the records of the director and issue the endorsement applied for to the owner. If the director finds otherwise, the director shall deny the license. The director will provide written notice of the denial within thirty days of receipt of the application. A denial under this section may be reviewed pursuant to Section 7.08.140. A request for review of a denial under this section must be filed in writing with the director within ten calendar days of decision.

(Ord. No. 2144, § 2, 12-17-2024)

Any person engaged in the rescue of animals shall first obtain a recue permit from the department of animal services and shall meet all requirements and standards for a kennel license, in addition to the set forth below:

A. For an animal rescuer that is not a valid nonprofit corporation formed pursuant to the provisions of the California Corporations Code Section 10400, the animal rescuer may keep two dogs with a rescue permit, so long as all other requirements and standards for a kennel license are met.

B. For an animal rescuer that is a valid nonprofit formed pursuant to the provision of the California Corporations Code Section 10400, the animal rescuer may maintain up to nine dogs with a rescue permit, so long as all other requirement and standards for a kennel license are met. Such animal rescuer shall not need to obtain a type I kennel.

C. For an animal rescuer maintaining ten or more dogs, a type II kennel license is required.

D. An animal rescuer may keep a maximum of five personal (not up for adoption or sale) dogs and must include these animals as "personal pets" on the animal rescue permit application. Personal dogs shall be individually licensed in accordance with this chapter.

(Ord. No. 2144, § 2, 12-17-2024)

Every animal rescuer licensed pursuant to this chapter shall keep available for inspection records showing the following:

A. Accurate and complete records of all incoming animals going up for adoption.

B. All rescued dogs and cats must be spayed or neutered within thirty days of receipt by the rescuer. All dogs and cats over the age of four months must be spayed/neutered prior to release to an adopting party.

(Ord. No. 2144, § 2, 12-17-2024)