(A) General. No person shall operate or maintain a kennel or cattery without first obtaining a permit from the Community Development Department. All applications for permits to operate or maintain a dog kennel or cattery shall be submitted in writing upon printed forms provided for such purposes by the Community Development Department. The applications shall first be referred to the city’s Community Development Department and the Animal Control Officer and, upon their approval, the Community Development Department shall issue the permit upon payment of the proper fee. It shall be unlawful for any person to conduct, operate or maintain a kennel or cattery as defined by the provisions of this chapter of the city, in any area not zoned for the operation of a kennel/cattery by the zoning ordinances of the city.
(B) Kennel/cattery permit. Any person conducting, operating or maintaining a kennel/cattery shall for pay the fees and obtain a license to operate said kennel/cattery from the city.
(C) Kennel/cattery. It shall be the duty of the Animal Control Officer to periodically inspect all registered kennels and catteries to see that the provisions of the city ordinances pertaining to the sanitation and care of such places are being observed.
(D) Display of permit. A valid permit shall be posted in a conspicuous place in each establishment, and said permit shall be considered as appurtenant to the premises, and not transferrable to another location. The permittee shall notify the Animal Control Department within 30 days of any change of its establishment or operation which may affect the status of the permit. In the event of a change in ownership of the establishment, the permittee shall notify the Department of Animal Control immediately. Permits shall not be transferable from one owner to another.
(E) Renewal of permit. Any permit issued, pursuant to this section, shall automatically expire one year immediately following the date of issue. Within two months prior to the date of expiration of the permit, the permittee shall apply for a renewal of the permit and pay the required fee. Any application made after the expiration date, except in application for a new establishment opening subsequent to that date, shall be accompanied by a late application fee, in addition to the regular permit fee.
(F) Suspension or revocation of permit.
(1) Grounds. A kennel/cattery permit may be suspended or revoked or a permit application rejected on any one or more of the following grounds:
(a) Falsification of facts in a permit application;
(b) Violation of any of the provisions of this chapter or any other regulation governing the establishment including noise, building and zoning ordinances or maintaining or selling illegal species; or
(c) Conviction of a charge of cruelty to animals.
(2) Procedure. If an inspection of any facility operating with a permit reveals a violation of this chapter, the inspector shall notify the permit holder or operator of such violation by means of an inspection report for, or other written notice. The notification shall:
(a) Set forth the specific violation found;
(b) Establish a specific and reasonable period of time for the correction of the violation(s) found;
(c) State that any failure to comply with any notice issued in accordance with the provisions of this chapter shall result in immediate suspension of the permit; and
(d) State that an opportunity for an appeal from any notice of inspection finding shall be provided if a written request for hearing is filed with the Department of Animal Control within five days of the date of notice. Upon request of a hearing, a minimum of five days’ notice shall be given to the permittee, advising him or her of the date and time of such hearing and listing the cause or causes for such suspension or revocation. No new permit shall be issued to any person whose permit has been previously revoked, except upon application for a new permit, accompanied by the required application fee and unless or until all requirements of this chapter have been met. Any permit granted under this chapter may be suspended or revoked by the Animal Control Department for violations listed in this chapter.
(G) Notice served. Notice provided for under this chapter shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered, personally, to the permit holder or person in charge, or such notice has been sent by certified mail to the last known address of the permit or license holder. A copy of such notice shall be filed with the records of the Animal Control Department.
(Prior Code, § 4.03.060) (Ord. 02-25, passed 8-15-2002) Penalty, see § 90.999