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A. Definitions: For the purposes of this section, the following definitions apply:
DOG HANDLER: Any person trained in the handling of dogs whose training includes the care, feeding and maintenance of dogs and the procedures necessary to control the behavior of a dog subject to this chapter.
GUARD OR ATTACK DOG: Any dog trained to guard, protect, patrol or defend any premises, area or yard or any dog trained as a sentry or to protect, defend, or guard any person or property, or any dog such as a schutzhund or any similar classification.
HIRE: Shall include, but not be limited to, the renting or leasing of the services of a dog with or without a dog handler, or a sale of a dog with an option to repurchase.
NARCOTIC DETECTION DOG: Any dog trained to locate narcotics by scent.
OWNER: Any person who has purchased or obtained legal custody of an attack, guard or sentry dog.
PERSON: Any individual, partnership, firm, joint stock company, cooperation, association, trust, estate, or other legal entity.
SENTRY DOG: Any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility.
SENTRY DOG BUSINESS: Any person who agrees to furnish trained sentry, attack, or narcotic detection dogs for hire.
TRACKER DOG: Any dog trained to work with a handler in searching facilities for burglary suspects and other intruders.
TRAINER: Any person who engages in the practice of training any attack, guard, or sentry dog.
B. Registration Of Sentry Dogs; Commercial Animal Establishment Permit:
1. Dog Registration Required: Each sentry dog business and/or person and/or owner shall register each dog subject to this chapter that it handles with the town of Yucca Valley animal control services.
2. Commercial Animal Establishment: Any person or owner of an attack, guard or sentry dog that operates or maintains a business to sell, rent or train an attack, guard or sentry dog shall obtain a commercial animal establishment permit from animal control services for animal care or protection services.
3. Registration By Owner: Any person or owner who has purchased or obtained legal custody of a sentry, guard or attack dog shall register said dog(s) with the town on a form to be provided by the town's animal control services.
4. Permit Process: The process for obtaining a commercial animal establishment permit are set forth under the "commercial animal establishment permits; issuance and revocation" included within this chapter.
a. Special Use Permits: In the event the animal density exceeds the number allowed, as established by section 9.49.040 of this code, a special use permit must be obtained.
b. List Of Animals: An applicant, when applying for a permit pursuant to this section shall furnish animal control services with a list of the types of animals to be kept or used for any purpose, with the estimated maximum number of animals to be kept.
c. Sale Registry: Any permittee shall maintain a register of the name and address of any person from whom any animal is received and to whom any animal is sold, traded or given. This list shall be available to animal control services upon demand.
5. Proof Of Dog Registration: All applicants must provide a proof of registration to animal control services that each dog is registered as a sentry, guard or attack dog with the local law enforcement agency and the local fire department for where the dog is.
6. Emergency Contact: All applicants shall furnish animal control services with the name and telephone number of a responsible person who has access to the animals and who can be reached during an emergency.
7. Keeping Animals With Permit; Notification: All applicants shall notify animal control services when any animal for which a permit is required is kept or maintained.
8. Report Information Changes: All applicants shall report in writing any change in address, ownership or management to animal control services at least fifteen (15) days prior to change.
9. Physical Control: The persons or owners of any sentry, guard or attack dog(s) or sentry dog business must ensure that adequate physical control of such animal is provided during operational hours to prevent the animal from coming in contact with the general public on the premises. If the dog bites a person who is not a trespasser, the animal control supervisor has the authority to prohibit the dog from acting as a sentry, guard or attack dog within the town limits. It shall be unlawful for any owner or person or business to use such a dog as a sentry, attack or guard dog after the supervisor has prohibited said use.
10. Permit And Registration Fees: Annual permit and registration fees shall be issued upon payment of the applicable fee as determined by resolution of the town council.
a. The permit or registration period shall be effective for one year. Renewal applications for permits or registrations shall be made thirty (30) days prior to the expiration of the permit or registration.
b. If there is a change in ownership of a registered sentry, guard or attack dog, the new owner may have the current registration transferred to his name upon payment of a transfer fee as determined by resolution of the town council.
c. After an application for a permit or registration is filed, the animal control officer shall inspect the premises prior to the issuance of the permit or registration to ensure compliance with all applicable standards.
d. It shall be a condition of the issuance of any permit or registration that animal control services, subject to law, shall be permitted at any reasonable time to inspect all animals and the premises where animals are kept and, if permission for such inspection is refused, may revoke the registration and/or dog license of the refusing owner.
e. No person who has been convicted of cruelty to animals shall be issued a registration to own any animal described in this section.
C. Care Requirements For Sentry Dogs:
1. In addition to the codes under section 10.02.070, "Animal Care", of this chapter, all sentry dogs shall be kept and maintained by owner, person, permittee, and/or registrant as follows:
a. No animal shall be without care or control in an excess of twelve (12) consecutive hours.
b. All reasonable precautions shall be taken to ensure that no animal is teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or any means.
c. The permittee or registrant shall keep or maintain each animal in a manner as may be prescribed to protect the public from the animal and the animal from the public.
d. Animal control services may order any animal to be taken to a veterinarian for examination and treatment.
e. The permittee or registrant shall allow no animal to constitute or cause a hazard or be a public animal nuisance or menace to the health, peace, or safety of the community.
f. The permittee or registrant shall have full responsibility for recapturing any animal that escapes.
D. Permit Or Registration May Be Suspended Or Revoked:
1. The town of Yucca Valley may suspend or revoke a commercial animal establishment permit or registration issued under this section if it is determined that the permittee has done any one of the following:
a. Made any false statement or given any false information in connection with an application for a license, permit or a renewal or reinstatement thereof.
b. Violated any provisions of this section or related sections of this chapter.
c. Violated any rule of an ordinance adopted pursuant to the authority contained in this section.
d. Committed any other act that would be grounds for denial of a permit.
E. Aggression Training:
1. Animal control services has the authority to determine whether any person, owner or business entity is engaged in the aggression training of dogs. If such a determination is made, then the person, owner or business entity shall comply with the applicable codes of this section.
F. Violations, Penalties And Costs:
1. It is the sole responsibility of any permittee, owner or person to be in compliance with all applicable California state laws that pertain to sentry, attack or guard dogs.
2. California Health And Safety Code sections 121940 and 121945 and any amendments to same are incorporated by references as though fully set forth. (Ord. 138, 5-15-2003)