Chapter 6.16
KENNELS AND PET SHOPS

Sections:

6.16.010    Definitions.

6.16.020    Permit—Required.

6.16.030    Permit—Application, fees, expiration and delinquency.

6.16.040    Permit—Exceptions to fees.

6.16.050    Permit—Suspension or revocation.

6.16.060    Permit—Notice of suspension or revocation.

6.16.070    Appeal—Procedure.

6.16.080    Appeal—Hearing—Notice.

6.16.010 Definitions.

(A)    “Kennel” means any site meeting the definition of a kennel under SCCC 13.10.700-K. For the purposes of this chapter, “kennel” shall not include any place or premises not operated as a commercial business and where pet animals are only occasionally sold, boarded, groomed or trained.

(B)    “Pet shop” means any person, firm or corporation engaged in a commercial business where small animals are kept for the purpose of either wholesale or retail sale. “Pet shop” does not include any place or premises not operated as a commercial business and where pet animals are only occasionally sold. [Ord. 4502 § 2, 1998; Ord. 4490 § 10, 1998; Ord. 540, 1957; prior code § 11.44.010].

6.16.020 Permit—Required.

No person shall operate any kennel or pet shop as defined in this chapter without first obtaining a permit from the Health Officer. The granting of such permit shall be within the discretion of the Health Officer, taking into consideration the type of construction as it relates to sanitation and the manner in which animals, birds or fowl are to be housed, zoning regulations, and the character of the person making the application. [Ord. 1662, 1971; Ord. 540, 1957; prior code § 11.44.020].

6.16.030 Permit—Application, fees, expiration and delinquency.

(A)    Applications. Applications for a permit to operate a kennel or a pet shop, or for renewal thereof, shall be filed with the Health Officer upon such forms as he may prescribe.

(B)    Fees. The permit fee for the calendar year or any part thereof during which the permitted activity is carried on and the fee for renewal thereof shall be that established by resolution of the Board of Supervisors.

(C)    Plan Check Charge. The applicant shall pay the plan check charge established by resolution of the Board.

(D)    Expiration of Permits. Each permit shall expire on December 31st of the current year, provided such permit may be renewed without penalty on or before February 15th next following the expiration date.

(E)    Delinquent Permits. Permittees who do not renew the permit on or before February 15th shall pay the extra amount established by the Board. [Ord. 1662, 1971; Ord. 540, 1957; prior code § 11.44.030].

6.16.040 Permit—Exceptions to fees.

The provisions of this chapter requiring the payment of an annual license fee shall not apply to an animal shelter maintained and operated by a Society for the Prevention of Cruelty to Animals duly incorporated under Title 1, Division 2, Part 4, of the Corporation Code of the State of California. [Ord. 540, 1957; prior code § 11.44.040].

6.16.050 Permit—Suspension or revocation.

Any permit issued under this chapter may be revoked or suspended if, after due investigation, the Health Officer finds that:

(A)    The permittee, his agent or employee has been convicted of any offense involving the violation of Section 597 of the Penal Code of the State, or any provision of this chapter; or

(B)    The permittee, his agent or employee has, at the place for which the permit was issued, failed to provide any animal, fowl or reptile in his possession, care or control with proper and sufficient food, drink, shelter or protection, or subjected any such animal, fowl or reptile to needless suffering, unnecessary cruelty, or abuse; or

(C)    The permittee, his agent or employee, has failed to maintain the premises in a clean and sanitary condition; or

(D)    The permittee, his agent or employee, has violated any rule or regulation of the Health Officer. [Ord. 540, 1957; prior code § 11.44.050].

6.16.060 Permit—Notice of suspension or revocation.

The Health Officer may order an immediate suspension of any permit granted under this chapter for a period of 10 days; such order shall set forth the finding of the Board. The Health Officer shall not revoke a permit granted under this chapter unless written notice of a hearing on such revocation is served upon the owner, occupant or other person in charge of the permittee’s business, at least five days before the hearing by the Health Officer on the revocation of said permit. Where, after diligent search, such owner, occupant or person in control cannot be found, a copy of such notice shall be mailed to the permittee at said place of business at least five days before the hearing on the revocation of the permit. No person shall operate said business in the unincorporated limits of the County during any time in which the permit for such business has been suspended or revoked. [Ord. 540, 1957; prior code § 11.44.060].

6.16.070 Appeal—Procedure.

The owner or operator of any kennel or pet shop who shall be aggrieved by any action of the Health Officer may take an appeal to the Board of Supervisors. Notice of such appeal shall be in writing, and filed with the Health Officer and the Board of Supervisors on or before 10 days after the action of the Health Officer appealed from, and shall state the grounds upon which such appeal is based. [Ord. 540, 1957; prior code § 11.44.070].

6.16.080 Appeal—Hearing—Notice.

(A)    Upon receipt of such notice of appeal, the Board of Supervisors shall hear the appeal within 60 days after such notice. Written notice of the time and place of hearing on the appeal shall be given by the Clerk of the Board of Supervisors to the appellant and to the Health Officer, and upon receipt of such notice of hearing, the Health Officer shall forward to the Board of Supervisors all papers and records related to the appeal and relating to all proceedings had by the Health Officer in connection with appellant’s case.

(B)    Upon the hearing of the appeal, the Board of Supervisors may take such action or make such order as the Board of Supervisors may deem just and proper in the disposition of such appeal. [Ord. 540, 1957; prior code § 11.44.080].