(A) No person shall operate or maintain a Class I Kennel, Class II Kennel, Class III Kennel, Class IV Kennel, Sentry Dog Kennel or Cattery without first obtaining (1) an appropriate license from animal services; and (2) land use approval from the City. Such license shall be valid for a period of either one or two years from the date of issuance. Said license shall be renewed within 30 days after the date of expiration. Where a kennel license has been issued and is in effect, the dogs contained in such kennel shall be exempt from the requirements of individual license tags as provided in this section.
(B) The Class I Kennel, Class II Kennel, Class III Kennel, Class IV Kennel, Sentry Dog Kennel and Cattery license fees, and late fees, shall be as set out below. If an application for a license or renewal of a license is made more than 30 days after the date such license is required or such previous license has expired, a late fee of 50% of the applicable fee shall be added.
(1) Kennel license. Kennel license fees for Class I, Class II, Class III, Class IV, and Sentry Dog Kennel licenses shall be set by the City Council via resolution and may be updated from time to time.
(2) Cattery license. Cattery license fees shall be set by the City Council via resolution and may be updated from time to time.
(C) Application for any kennel or cattery license shall be filed with the Director on a form prescribed by him or her not later than ten days after obtaining written verification from the City of Menifee planning department that the operation of the Kennel or Cattery is in compliance with the applicable provisions of the City Code. The application form, when completed, shall contain such information as may reasonably be required by the Director for the purposes of enforcement of this chapter, including but not limited to the current home telephone number of the caretaker of the subject Kennel or Cattery and another current telephone number for emergency use or messages when such caretaker is absent from the subject Kennel or cattery. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the Director at the time the application for the kennel or cattery license is submitted.
(D) After receipt of any Class I, Class II, Class III, Class IV, and sentry dog kennel or cattery license application, the Director shall make an inspection of the premises of the kennel or cattery for which a license is requested. No kennel or cattery license shall be issued nor shall any such license be renewed, unless and until the kennel or cattery, in the opinion of the Director, satisfies the applicable laws and regulations of the state of California, the applicable ordinances of the city and the applicable conditions set forth in the standards for kennels and catteries adopted by resolution of the City Council. Notwithstanding any other provision of this chapter, the Director or the City of Menifee Community Development Director may, in their respective discretion, limit the numbers of dogs or cats over the age of four months which are kept or maintained in any kennel or cattery, and such limitation may be imposed at such time as an application for an initial kennel or cattery license is considered or at such time as an application for renewal of a kennel or cattery license is considered.
(E) Notwithstanding any other provision of this chapter, the Director is authorized to enter upon and inspect the premises of any kennel or cattery located in the city for the purpose of determining whether such kennel or cattery is in compliance with the provisions of this chapter and the standards for kennels and catteries referred to in subsection (C) of this section. As a condition of the issuance of a kennel or cattery license, each owner and operator of a kennel or cattery shall agree to allow such entry and inspection and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours at times when the owner or operator of the kennel or cattery is present on the kennel or cattery premises, and with such frequency as the Director shall deem appropriate, and such inspections may, at the discretion of the Director, be made without prior notice to the owner or operator of the subject kennel or cattery. Willful refusal on the part of a kennel or cattery owner or operator to allow such inspection shall be grounds for summary denial of an application for a kennel or cattery license or for summary suspension or revocation of a kennel or cattery license.
(F) A nonprofit corporation formed pursuant to the provisions of the California Corporations Code commencing with section 10400 for the prevention of cruelty to animals, shall be required to pay a fee for the licenses.
(G) A violation of this section shall be punishable as follows:
(1) Any person violating any provision of this section shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted.
(2) Any person convicted of a violation of this section shall be guilty of an infraction offense and punished by a fine as set by the City Council via resolution which may be updated from time to time. Multiple violations on the same site shall be punishable by a fine not exceeding an amount set by the City Council which may be updated from time to time, six months in jail, or both.
(3) Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation.
(Ord. 2018-252, passed 12-5-2018)