(a) Initial license application required. A person who seeks to operate an animal facility or to keep a wild animal under this section must file an application with the code enforcement officer and pay the required fee. A person who possessed or owned a wild animal or who operated an animal facility without the required license must pay the penalty owed under Section 3.36.160, in addition to the license fee. When a person applies for licenses for different purposes for animals at the same premises at the same time, the cost of the licenses will be reduced in accordance with the provisions of Section 3.36.160.
(b) Fees for animal facility licenses and wild animal licenses are not refundable.
(c) License requirements-prerequisites to issuance and renewal. The code enforcement officer will inspect the premises and conduct an investigation, at his or her discretion, related to the filing of any license or renewal application. A license will be issued or renewed if the following requirements are met:
(1) The maintenance of the animal or animals at the specified location will not violate any Federal law, state law, or ordinance of the city, or constitute a menace to the health, peace, or safety of the community; and
(2) The applicant has received approval from the planning division that the maintenance of the animal or animals at the specified location will not violate a zoning ordinance or other land-use plan; and
(3) The applicant has not had an animal facility or wild animal license denied or revoked within the city or county within the twelve (12)-month period before the date of the application. However, the code enforcement officer may issue a license within that twelve (12)-month period if the applicant can show that the grounds of the denial or revocation no longer exist.
(d) License-required for certain activities and animals-certain animals exempt. A person, including a new owner of an existing organization or business, cannot conduct or operate an animal facility or keep a wild animal within the city's jurisdiction without first obtaining a license from the code enforcement officer and any other applicable agency. Failure to obtain a license for an animal facility or a wild animal is a misdemeanor. A license is not required for the keeping of the following animals as pets:
(1) Canaries;
(2) Chinchillas;
(3) Chipmunks;
(4) Finches;
(5) Gopher snakes;
(6) Guinea pigs;
(7) Hamsters;
(8) Hawks;
(9) King snakes;
(10) Marmoset monkeys;
(11) Mynah birds;
(12) Parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, love birds, macaws, and similar birds of the psittacine family;
(13) Pigeons;
(14) Ravens;
(15) Squirrel monkeys;
(16) Steppe eagles;
(17) Toucans;
(18) Turtles;
(19) White doves;
(20) Tropical fish excluding caribe;
(21) Domesticated mice and rats.
(e) Pygmy pigs-Keeping and breeding prohibited.
(1) No person shall keep or maintain or cause to be kept or maintained any pygmy pig on any premises in any zone within the City; provided, however, the provisions of this subsection (e) shall not apply to any pygmy pig that was kept or maintained as a pet on a developed lot in a residential zone as of December 31, 1997, provided that said pygmy pig at all times has a valid animal license issued by the city or county and that proof from a licensed veterinarian has been provided to the city that the pygmy pig has been spayed or neutered.
(2) No person shall breed or cause to be bred any pygmy pig in any zone within the city.
(f) License term. The term of a license covered by this section is twelve (12) months following the date of issue, unless sooner revoked or terminated by the code enforcement officer, or by any of the following actions: the licensee changes the location of the animal facility or the animal for which the license was issued, or the licensee sells, assigns, transfers, or otherwise disposes of the animal facility or animal or his or her interest in the animal facility or animal.
(g) Display of license. The holder of an animal facility license must post the current license in a conspicuous part of the premises. The holder of a wild animal license must attach the current license to the cage or enclosure where the animal is kept.
(h) License issued subject to conditions. If a ground exists to deny a license, the code enforcement officer, in his or her discretion, may issue the license subject to conditions instead of denying the license.
(i) Denial or conditional grant-notice to applicant of right to hearing. The code enforcement officer must mail a written notice to a licensee stating his or her intention to deny a license or grant it subject to new or additional conditions, which will be specified in the notice. The notice must also state that if the applicant wishes to appeal the code enforcement officer's decision, appeal shall be made to the city manager within 14 days after the notice was mailed. The appellant shall serve personally or by first class mail, postage prepaid, notice of the appeal upon the city.
(j) Animal facility license-renewal. An animal facility licensee is required to apply for a renewal license and to pay the fee under Section 3.36.160 before the license expires. A licensee who has not applied for a renewal within thirty (30) days after the license has expired must obtain a new license and pay the applicable fees and penalties.
(k) License suspension or revocation. Every license is granted and accepted by the parties with the express understanding that the code enforcement officer may suspend or revoke the license if warranted, in accordance with the procedure described in subsection (i). The code enforcement officer may suspend the license for up to sixty (60) days before the hearing is held and the decision is made by the City Manager.
A license may be suspended or revoked on any one or more of the following grounds:
(1) Denial of the license would be authorized under existing facts;
(2) The licensee, or any agent or employee of the licensee, has violated a municipal ordinance or a state or Federal law or regulation relating to the operation of an animal related business. The licensee obtained the license by misrepresentation(s).
(l) Re-inspection. If an initial license or renewal fee has been paid within the preceding twelve (12) months, and a re-inspection is necessary to determine compliance with all licensing requirements, or requested for any reason, a re-inspection fee will be charged.
(m) The code enforcement officer may impose or amend license conditions if grounds exist for the revocation of the license. The code enforcement officer will give written notice to the licensee of his intention to impose or amend conditions. Within fourteen (14) days after the notice is mailed, the licensee may submit a written appeal to the City Manager.
(n) License information to be shown. The license must state the name and residence address of the licensee, the address where the animals will be kept, the amount paid for the license, the date the license was issued, and the expiration date. (Ord. 961, § 2, 2019)