Thursday, February 9, 2012

Anaheim, CA


Bookmark8.08.070 PRIVATE ESTABLISHMENTS.

     .010     Permit Required. No person may maintain a private kennel, aviary or stable on any property without first obtaining a permit for a private kennel, aviary or stable from the Code Enforcement Manager. Any person desiring to obtain such a permit must file an application on a form provided by the Code Enforcement Manager or his/her authorized representative containing such information as the Code Enforcement Manager shall require.
     .020     Permit Issuance. The Code Enforcement Manager or designee may, after inspection of those animals and facilities for which the private kennel/aviary/stable permit is requested, and after review of any received community input, or other related information pertaining to the operation of the private kennel, aviary or stable, issue such permit and determine the number of the animals to be maintained under that permit. The Code Enforcement Manager or designee may issue a permit to the applicant, if he/she finds that all of the following conditions have been satisfied:
     (a)      The keeping of animals in the manner and at the place set forth in the application will not violate any law or ordinance of the City or any law of the State;
     (b)      The keeping of animals will not endanger the health, peace, or safety of the community;
     (c)      The premises and establishment where animals are to be kept are in a clean and sanitary condition, and the animals will not be subject to suffering, cruelty or abuse;
     (d)      The applicant has not had a similar permit revoked within six months prior to the application;
     (e)      The applicant has not been convicted of any offense involving the violation of Section 596, 597 and 598 of the California Penal Code, or any provisions of this chapter;
     (f)      The applicant has, at no time, failed to provide any animal in his/her possession, care or control with appropriate certification or licenses and sufficient food, drink, shelter or protection, or subjected any animal to suffering, cruelty or abuse; and
     (g)      Such other conditions as are consistent with the intent of this chapter and as are deemed appropriate by the City of Anaheim.
     If the Code Enforcement Manager or his designee finds that one or more of the conditions set forth above are not satisfied, he/she shall deny the permit.
     A decision of the Code Enforcement Manager or his designee to grant or deny a permit may be appealed by the applicant or any other aggrieved person, as outlined in the appeal process set forth in this chapter.
     .023     Fee. The fee for a permit required by the provisions of this chapter, which fee shall not exceed the reasonable cost of providing the services for which the fee is charged, shall be set by resolution of the Board of Supervisors of the County of Orange, or their lawful designee, and shall be payable to the Code Enforcement Manager or his designee before a permit is issued. Thereafter, unless otherwise provided, each fee shall be payable annually in accordance with such resolution.
     .025     Inspections. The City of Anaheim's Code Enforcement Manager, Orange County Health Officer and Orange County Animal Control Director and their authorized representatives shall have the right to enter the private establishment during regular business hours for the purpose of making reasonable inspections of animals and the premises where animals are kept to observe and enforce compliance with applicable laws and regulations including, without limitation, the provisions of this chapter. Refusal to permit a reasonable inspection during regular business hours shall constitute grounds for the revocation of the existing permit or denial of issuance or renewal of a permit pursuant to this section.
     .030     Duration of Permit. Permits issued under the provisions of this section shall expire on the date specified by the Code Enforcement Manager. The permit may be revoked for cause in accordance with this section prior to the expiration date. The private kennel/aviary/stable permit is valid only for operation and maintenance of a private kennel/aviary/stable at the property where the permit was initially issued and shall be void upon the transfer of the private kennel/aviary/stable to another property.
     .040     Renewal. Each permit issued under this chapter shall be renewed within thirty days after the expiration thereof.
     .050     Numbers of Animals. At any time there are more animals than a private kennel/aviary/stable permit allows, the person operating the private kennel/aviary/stable must obtain a new permit providing for the keeping of a greater number of animals.
     .060     Fee. The applicant for a private kennel/aviary/stable permit shall pay a non-refundable permit fee, as established by the City Council by resolution to cover the cost of processing the permit application, and shall also pay the license fees for each animal maintained in the private kennel, aviary or stable.
     .070     Notices. At least five days prior to the date upon which the application for a private kennel/aviary/stable permit is to be acted upon, the City Clerk shall cause notice of the application and pending decision date for the private kennel/aviary/stable permit to be published in a newspaper of general circulation.
     .080     Animal Records. Any person who has obtained a private kennel/aviary/stable permit pursuant to this section shall keep available for inspection his/her permit and a record of the animals for which the permit has been issued, by name, breed, sex, color and age. In addition, at the time he/she files an application for a permit with the Code Enforcement Manager, the applicant shall also provide the name, address and telephone number of a person residing at a different address from that of the applicant who can be contacted in case of an emergency to assume the care of the animals for which the permit has been issued.
     .090     Revocation of Permit. Any private kennel/aviary/stable permit issued under the provisions of this section may be revoked if the City of Anaheim finds:
     (a)      That the permittee or his/her temporary agent has been convicted of any offense involving the violation of Section 596, 597 or 598 of the California Penal Code, or any provisions of this chapter; or
     (b)      That the permittee or his/her temporary agent has failed to provide any animal in his/her possession, care or control with appropriate certification or licenses and sufficient food, drink, shelter or protection, or subjected any animal to suffering, cruelty or abuse; or
     (c)      That the permittee or his/her temporary agent has failed to maintain the premises where the animals subject to the permit are kept in a clean and sanitary condition; or
     (d)      That the permittee or his/her temporary agent has violated any rule or regulation made pursuant to the provisions of this section; or
     (e)      That the permittee has falsified information on the permit application; or
     (f)      That the permittee or his/her temporary agent has arranged for the wholesaling of any animal, or its sale to laboratories for experimentation; or
     (g)      That the permittee or his/her temporary agent has operated or maintained his/her kennel, aviary or stable in such a manner as to violate any noise, nuisance, restraint or license ordinance in the City of Anaheim; or
     (h)      That the permittee or his/her temporary agent has located a lost or stolen animal, has taken possession of such animal, and has wilfully failed to notify known owners as to the whereabouts of their lost or stolen animal or has failed to check for identification marks on such animal such as registered tattoos, or has refused to return a duly identified animal to its rightful owner; or
     (i)      That the permittee or his/her temporary agent has failed to comply with State or local mandatory vaccination or neutering provisions or has failed to implement any other mandatory birth control measure for any animal prior to its release to new owners.
     In the event that any permit issued pursuant to the provisions of this section has been revoked, the permittee shall be granted a reasonable period of time in which to place or remove all animals lawfully licensed and maintained under the provisions of this section. However, upon revocation of his/her permit, the permittee may continue to harbor/maintain dogs, cats and/or birds in numbers that do not require issuance of a private kennel/aviary/stable permit. On revocation of a permit, no part of the permit fee is refundable.
     Any permittee whose permit has been revoked by the City of Anaheim pursuant to this section may file an appeal as prescribed under the appeal process provisions of this chapter.
     .100     Subsequent Permit Applications. If a private kennel/aviary/stable permit has been denied or revoked for cause, the Code Enforcement Manager shall not accept a new application for the same activity at the same location or an application by the same applicant at a different location less than six months after such denial or revocation, unless the applicant affirmatively shows that the grounds upon which the application was denied or the permit revoked, no longer exist. (Ord. 5138 § 2 (part); June 19, 1990; Ord. 5226 § 4; June 4, 1991; Ord. 5374 § 9; June 22, 1993; Ord. 5428 §§ 10, 11; June 14, 1994.)

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