CHAPTER 9.14
ANIMAL PERMITS
9.14.010 Permit for pet shops, commercial kennels or catteries, hobby kennels or catteries or aviaries required.
No person shall conduct, operate or keep any commercial kennel, hobby kennel or pet shop within the city without first obtaining a permit pursuant to the provisions of this chapter and the Petaluma zoning laws. (Ord. 2185 NCS §2 (part), 2004.)
9.14.020 Application for permit.
Application for a permit for a commercial kennel or cattery, hobby kennel or cattery, pet shop or aviary shall be made in writing to Petaluma animal services (PAS) by the owner of the facility prior to opening the facility. Such application shall be on a form approved by Petaluma animal services and shall be accompanied by a permit fee, the amount of which shall be established. If all other requirements for permitting under the chapter are met, such permit fee shall be waived for any commercial kennel devoted exclusively to training or breeding assistance dogs. PAS shall require such proof of qualification as PAS deems necessary prior to waiving the permit fee for any such facility. If the owner of any commercial kennel or cattery, hobby kennel or cattery or pet shop fails to make application for a permit within fifteen business days after receipt of notice from PAS to obtain a permit shall pay a penalty for late permitting, in an amount of which shall be established by the city council, in addition to the normal permitting fee. The permit fee for commercial kennels/catteries shall be in lieu of the permit fees and registration fees required for individual animals. The license permit fee for hobby kennels or hobby catteries shall be in addition to the permit fees and registration fees required for individual animals.
A. Upon receipt of an application for a commercial kennel or cattery, hobby kennel or cattery or pet shop, the animal control officer shall review the application and inspect the premises to be issued a permit. If the animal control officer finds that the requirements of this chapter have been complied with, the animal services director shall issue such permit to the owner. If the director finds otherwise, then the director shall deny the license permit.
B. When issuing a permit pursuant to this chapter, the animal control officer may make the permit subject to such reasonable conditions as the director deems necessary to protect the public health, safety and welfare and the protection of the animals.
C. Upon issuing the permit pursuant to this chapter, the animal control officer shall provide the owner of the commercial kennel or cattery with individual permit tags for each dog or cat kept on the premises under the permit. The animal control officer shall, during the term of the permit, upon written application, provide such owner without charge any additional permit tags required for new dogs or cats coming into the owner’s possession on the permitted premises under the permit.
D. Upon issuing a hobby kennel or hobby cattery permit and payment of the permit fees required, the animal control officer shall provide the owner of the hobby facility with individual tags for each dog or cat kept on the permitted premises.
(Ord. 2185 NCS §2 (part), 2004.)
9.14.030 Expiration and renewal of permit.
Every commercial or hobby kennel or cattery, or pet shop permit issued pursuant to this chapter shall be annual, expiring one year after the date of issue. The procedure for renewal of any such permit shall be the same as for obtaining the original permit. If the owner fails to make application for the renewal of such permit within sixty days after its expiration, such owner shall pay a penalty for such late application in the same amount as authorized under Section 9.12.190. (Ord. 2185 NCS §2 (part), 2004.)
9.14.040 Denial or revocation of permit.
The animal control officer may deny or revoke any permit issued pursuant to this chapter in any of the following situations:
A. Whenever the animal control officer determines by inspection that the permitted premises violate any of the conditions of the permit, this chapter or state law.
B. Whenever the animal control officer has reason to believe that the owner of the permitted facility has willfully withheld or falsified any information required for the permit.
C. Whenever the animal control officer has reason to believe that the owner of the permitted facility, or any employee of the owner who is presently employed by the owner, has been convicted by a court of law within the past five years of a violation of this chapter or any other law relating to animals, public nuisance caused by animals or cruelty to animals, in this or any other state. For purposes of this section a forfeiture of bail shall be deemed to be a conviction of the offense.
(Ord. 2185 NCS §2 (part), 2004.)
9.14.050 Appeal for denial or revocation of permit.
The applicant may appeal the denial of a permit application or permit condition by filing a written appeal with the city clerk stating the reason the applicant believes the denial or permit condition was improper. The appeal shall be heard by the city council. The city council may affirm, modify or overrule the decision of the animal control officer. (Ord. 2185 NCS §2 (part), 2004.)
9.14.060 Conditions for new permit after denial or revocation.
If a permit applied for or granted under this chapter is denied or revoked, the animal control officer shall not grant a new permit to the same person for the same activity at the same location for two years after the date of the denial or revocation unless the applicant demonstrates and/or the animal control officer determines by investigation or inspection upon a preponderance of the evidence, in which the burden of proof is upon the applicant, that the grounds upon which the application was denied or the permit revoked no longer exists. (Ord. 2185 NCS §2 (part), 2004.)
9.14.070 Permit not transferable.
No commercial kennel or cattery, hobby kennel or cattery or pet shop permit issued pursuant to this chapter shall be transferable. (Ord. 2185 NCS §2 (part), 2004.)
9.14.080 Display of permit required.
Every commercial kennel or cattery, licensed hobby kennel or cattery, or pet shop permit issued pursuant to this chapter shall post its permit in some conspicuous part of the license’s permitted premises. (Ord. 2185 NCS §2 (part), 2004.)
9.14.090 Inspections.
As a condition to the issuance or renewal of any commercial or hobby kennel or cattery or any pet shop permit issued pursuant to this chapter, the animal services manager shall have the authority to conduct periodic inspections of the permitted premises. The owner of the facility shall make available to the manager such information regarding the operation of the facility, as the manager shall require. (Ord. 2185 NCS §2 (part), 2004.)
9.14.100 Standards for care, confinement and treatment of animals.
The animal services manager shall establish regulations and standards for commercial kennels or catteries, hobby kennels or catteries and pet shops permitted pursuant to this chapter relating to the following:
A. The maximum number and species of animals to be kept on the permitted premises.
B. The construction, sanitation and maintenance of the facilities on the permitted premises.
C. Any other matters pertaining to the humane care, confinement and treatment of animals that the director deems necessary.
(Ord. 2185 NCS §2 (part), 2004.)
9.14.110 Permit for feral cat colony.
A. The purpose of a TRNM program is to reduce or eliminate the number of feral cats through the practice of managing existing colonies. This section is intended to provide the framework for an authorized feral cat care organization to work cooperatively with Petaluma animal services to actively manage existing feral cat colonies. Feral cats, and feeding or maintaining feral cats, within the city are hereby declared to be public nuisances, and a violation of this chapter, except for feeding or maintaining by an authorized feral cat care organization in accordance with this chapter. All authorized feral cat care organizations must:
1. Register with animal services and provide proof of status as a 501(c)(3) or comparable nonprofit organization;
2. Submit a written plan to animal services identifying the organization's name, project leaders, objectives, and implementation plans;
3. Establish and maintain liability insurance as specified by the city of Petaluma risk management office naming the city of Petaluma and the Petaluma community development commission and their officials, officers, employees, agents, and volunteers as additional insureds;
4. Establish a colony tracking system and provide an annual report to Petaluma animal services. Annual reports shall include colony location, number of current members, new colony members, the number of cats sterilized, the number of cats removed for adoption, and public education efforts;
5. Provide for and provide animal services documentation verifying the sterilization of all cats and kittens over four months of age by a licensed veterinarian and three-year vaccination against rabies within one month of any cat entering the colony. All sterilized cats shall be marked by cropping the pointed end of the ear (ear tipping);
6. Establish a standardized feeding station and a feeding program as agreed upon with animal services;
7. Remove kittens from the colony that can be socialized and adopted and evaluate new colony members for socialization and possible adoption;
8. Agree to work collaboratively with Petaluma animal services on public education efforts;
9. Submit to Petaluma animal services written authorization from the owner of the property where the cats are fed and maintained; and
10. Provide within ten days all colony records to a Petaluma animal control officer for inspection in response to a complaint or alleged violation of law.
B. This section is not intended to prevent a private party from asserting any legal rights to enjoin or seek damages resulting from the feeding of feral cats that adversely affects such person's property interests.
C. The city may abate a public nuisance created by feral cats by seizing the feral cats on public property by any means of abatement in accordance with Title 9 of this code or any other law.
D. Notwithstanding anything in this section to the contrary, feeding feral cats is prohibited and a public nuisance:
1. In or within the Petaluma Wetlands, located along the Petaluma River. For purposes of this section, the Petaluma Wetlands are bordered by the Petaluma River on the southwest, and Lakeville Highway to the north and east, and the length of the Petaluma Wetlands is from the Petaluma Marina to and including the Petaluma holding ponds.
2. Inside any city park.
3. Feeding feral cats or otherwise caring for a feral cat colony without written permission from the owner of the land where the cats are maintained or fed.
(Ord. 2349 NCS §1 (part), 2009: Ord. 2185 NCS §2 (part), 2004.)
9.14.120 Required records for commercial kennels and catteries.
Every commercial kennel and cattery pursuant to this chapter shall keep, on the permitted premises, records available for inspection by the director. These records shall contain all of the following:
A. The name, current address, and telephone number of the owner/guardian of each animal at the kennel or cattery.
B. The date each animal entered the kennel or cattery.
C. The reason for each animal being at the kennel or cattery, such as for boarding, sale, breeding or grooming.
D. A description of each animal at the kennel or cattery, including age, breed, sex and color.
E. A current, valid rabies certificate for each animal over four months of age at the kennel or cattery.
(Ord. 2349 NCS §1 (part), 2009: Ord. 2185 NCS §2 (part), 2004.)
9.14.130 Permit fees.
Fees for the processing and investigation of permits issued pursuant to this chapter shall be determined by city council resolution. (Ord. 2185 NCS §2 (part), 2004.)