Chapter 6.35
ANIMAL ESTABLISHMENTS
Sections:
6.35.020 Application for permit.
6.35.025 No kennel within two hundred fifty (250) feet of any residence.
6.35.030 Conditions relating to animal facilities.
6.35.040 Expiration and renewal of permit.
6.35.060 Denial or revocation of permit.
6.35.070 Appeal from denial or revocation of permit.
6.35.080 No new permit after denial or revocation.
6.35.090 Permit not transferable.
6.35.100 Animal rescuer registration.
6.35.110 Maintenance of animal rescuer registration.
6.35.010 Permit required.
No person shall conduct, operate or keep any pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter or horse establishment without first obtaining an appropriate permit from the Administrator. The annual permit fee for the above animal facilities shall be fixed by resolution of the City Council. (Ord. 1879 § 1, 3-29-11).
6.35.020 Application for permit.
(a) An application for a permit to operate and keep a pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter, horse establishment or dangerous animal shall be in writing on a form approved by the Administrator. The applicant shall furnish a list of the types of animals to be maintained or used for any purpose, together with the approximate number of animals of each type.
(b) The Administrator may establish regulations and standards relating to:
(1) The maximum number and species of animals to be kept or maintained on the premises;
(2) The construction, sanitation and maintenance of facilities; and
(3) Any other regulations and standards in conformity with and for the purpose of carrying out the intent of this chapter.
Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any permit provided pursuant to this chapter.
(c) Permittee shall maintain a record of the names and addresses of persons from whom animals are received and to whom the animals are sold, traded or given. This shall be available to the Administrator upon request. (Ord. 1879 § 1, 3-29-11).
6.35.025 No kennel within two hundred fifty (250) feet of any residence.
Unless permitted by other provisions of this title, no license to operate any commercial or private kennel, animal shelter or animal establishment within two hundred fifty (250) feet of any dwelling, house, apartment, hotel or other building used for human habitation shall be issued or renewed. (Ord. 1879 § 1, 3-29-11).
6.35.030 Conditions relating to animal facilities.
Every person who owns, conducts, manages or operates any commercial kennel, private kennel, pet shop, pet grooming parlor, animal menagerie, animal shelter or horse establishment shall comply with each of the following conditions:
(a) Housing.
(1) Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals or the escape of animals so contained therein.
(2) Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors; heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals.
(3) All animal rooms, cages, kennels, runs, stalls and corrals shall be of sufficient size to provide adequate and proper accommodation and protection from the weather for the animals kept therein.
(4) All animal facilities shall be constructed and operated in a manner that reasonably protects public health and safety and safety of the animals.
(b) Sanitation.
(1) All animal facilities shall be maintained and operated at all times in a clean and sanitary condition, and in a manner that avoids causing odors or attraction of flies and vermin, and excessive noise.
(c) Care of Animals.
(1) All animals shall be supplied with a quantity of wholesome food suitable for the species and age of the respective animals, as often as the feeding habits of such animals require, sufficient to maintain a reasonable level of nutrition. All animals shall have available to them sufficient potable water. Food and water shall be served in separate, clean receptacles.
(2) No animal, except animal(s) in a pasture provided with adequate feed and water, shall be without attention for more than twenty-four (24) consecutive hours. The name, address and telephone number of a person responsible for the animal shall be posted in a conspicuous place, visible from outside the facility or at the main gate of a pasture where animals are kept, unless the owner or attendant of the animal(s) is immediately available on the premises.
(3) All sick, diseased or injured animals shall be isolated from healthy animals at all times and shall be given proper medical treatment. The Administrator may order the operator of the facility to immediately seek licensed veterinary treatment for any animal.
(4) All animals shall be treated in a humane manner.
(d) Compliance.
(1) The Administrator shall have the authority to enter the animal facility when he/she has reason to believe that the provisions of the permit, this title or applicable State laws are being violated. The failure of the operator to consent to the entry shall be deemed just cause for the revocation of the permit.
(2) Failure of an applicant or a permit holder to comply with any of the provisions of the permit, this title or applicable State law, shall be deemed just cause for the denial of any permit, either original or renewal, or for revocation of a permit. (Ord. 1879 § 1, 3-29-11).
6.35.040 Expiration and renewal of permit.
(a) Any permit issued under this chapter shall expire twelve (12) months from the date of issuance. The procedure for the renewal of a permit shall be the same as for an original permit.
(b) Upon failure to make application for the renewal of a permit within thirty (30) days of the expiration of a permit, the applicant shall pay an additional ten dollar ($10.00) penalty for late renewal. (Ord. 1879 § 1, 3-29-11).
6.35.050 Inspection.
As a condition to the issuance or renewal of a permit under this chapter, the Administrator shall have the authority to inspect at any reasonable time the animal facility. (Ord. 1879 § 1, 3-29-11).
6.35.060 Denial or revocation of permit.
The Administrator may deny or revoke any permit issued pursuant to this chapter in the following situations:
(a) Whenever determined by inspection that any animal facility fails to meet any of the conditions of the permit, this chapter or applicable State law.
(b) Whenever there is reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for a permit.
(c) If the applicant or permit holder has been convicted by a court of law of more than two violations of this title in a twelve (12) month period, of State laws relating to animals or public nuisance caused by animals, or has been convicted of cruelty to animals in this or any other state within the previous five years. For the purposes of this section, bail forfeiture shall be deemed to be a conviction of the offense charged. (Ord. 1879 § 1, 3-29-11).
6.35.070 Appeal from denial or revocation of permit.
The procedure provided for appeals in Chapter 2.115 SCCC shall apply. (Ord. 1879 § 1, 3-29-11).
6.35.080 No new permit after denial or revocation.
If a permit has been denied or revoked, the Administrator will not accept a new permit application from the same person for the same activity at the same location less than six months after such denial or revocation, unless the applicant shows, and the Administrator finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the permit revoked no longer exist. (Ord. 1879 § 1, 3-29-11).
6.35.090 Permit not transferable.
Permits issued pursuant to the provisions of this chapter shall not be transferable. (Ord. 1879 § 1, 3-29-11).
6.35.100 Animal rescuer registration.
(a) Any person or organization that maintains more than the number of adult animals allowed under SCCC 6.30.020 shall register with SVACA as an animal rescuer. In order to register as an animal rescuer, the applicant must provide SVACA with the following information:
(1) Verifiable proof of membership in or status as a State of California not-for-profit corporation that meets the requirements of Internal Revenue Code Section 501(c)(3) and is in good standing with the State of California;
(2) Verifiable proof that animal adoption and placement of rescued animals with a new and permanent owner in a new home is one of its primary organizational goals and proof of a history of placement of animals with new and permanent owners in new homes;
(3) The location and contact information of the rescue work to be performed and the identity of the person(s) responsible for the care of the animals at that location;
(4) Payment of the registration fee in an amount established by resolution of the City Council;
(5) Agreement from the applicant to abide by the requirements set forth in SCCC 6.35.030; and
(6) Agreement from the applicant to any other conditions reasonably necessary for the proper care and maintenance of the animals. (Ord. 1879 § 1, 3-29-11).
6.35.110 Maintenance of animal rescuer registration.
(a) In order to maintain a valid animal rescuer registration, the animal rescuer shall comply with each of the following requirements:
(1) Rescue work such as the temporary housing and care of domestic animals shall be performed in conformity with all standards of animal care and housing set forth by State and local law;
(2) Rescue work shall not create a public nuisance;
(3) The animal rescuer shall cooperate with the animal services division during investigations of complaints and inspections of animal areas; and
(4) The animal rescuer shall limit the number of animals maintained at the registered location if the Administrator deems limitations are necessary because of space, finance, effect on surrounding area, history or any other criteria relevant to the animal rescuer’s ability to maintain the animals.
(b) The Administrator may revoke the animal rescuer registration if the holder of the registration fails at any time to satisfy one or more of the requirements specified in subsection (a) of this section. (Ord. 1879 § 1, 3-29-11).
6.35.120 Adoption of animals.
(a) Any person adopting an unspayed or unneutered dog or cat from any Humane Society animal shelter, public animal shelter or Society for the Prevention of Cruelty to Animals shelter in the County of Santa Clara shall have such animal spayed or neutered on or before a date specified in the adoption agreement unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement to the person at such shelter responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly.
(b) As a condition for adoption, the person adopting an animal may be required to deposit with the shelter an amount sufficient to cover the cost of spaying or neutering such animal by a veterinarian or spaying or altering clinic designated by the person adopting the animal. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the pound or shelter of a notice from the veterinarian or clinic that the cat or dog has been spayed or neutered. (Ord. 1879 § 1, 3-29-11).