(A) Acknowledgment of standards. A copy of the applicable standards will be supplied to the applicant with each request for an application for a permit, 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 or her premises and any facilities or equipment used in his or her kennel complies with the standards. In addition, each applicant or kennel operator shall correct any deficiencies noted within a reasonable time as specified by designee. Upon request by Animal Services, the applicant or kennel operator must make his or her premises, facilities, and equipment available for the purpose of ascertaining compliance with said standards.
(C) Conditions and restrictions. Animal Services may issue a permit under any conditions and restrictions which are deemed necessary for the protection of animal and/or public health, safety, or welfare, and shall specify such conditions and restrictions on the permit.
(D) Denial of an application may include, but are not limited to:
(1) Any person applying for an original permit who has not received approval for the location from the appropriate planning/zoning department or who has not obtained any necessary permit(s) and/or license(s) for its operation; or
(2) Any person whose permit 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 permitted establishment whose permit 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 a stay; or
(4) Any person whose permit has been revoked, or any partnership, firm, corporation, or legal entity in which any such person has substantial financial interest for a period of one year from the effective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) Any person who fails to comply with any provision of this chapter; or
(6) Any person who has been convicted of the crime of cruelty to animals, whether in this state or any other state.
(7) Any person with a prior record of animal abuse and/or defiance of existing animal control codes. *This list is not exhaustive and other relevant factors may be taken into consideration in approving or denying a kennel permit application.
(E) Right to appeal denial of kennel permit. Should a kennel owner dispute the denial by Animal Services of their application for a kennel permit, kennel owner may request an administrative review and pay the applicable fees. Animal Services shall schedule the administrative review and provide notice to the kennel owner, via first class mail or personal service, of the date, time and place of the administrative review. Failure to appear at the administrative review at the designated time and place will be deemed a forfeiture of the application for kennel permit and fees.
Judicial review of a decision made after an appeal hearing pursuant to this section shall be made pursuant to § 1094.6 of the Cal. Code of Civil Procedure where and to the extent said section may be applicable.
(Ord. 17-13, passed 12-19-2017)