4-07-4008 - Permit Application, Fees, and Term

Supporting documents

1. New permit applicants shall submit all required permits, a copy of their business permit, if required, and all applicable fees together with their completed application. Supporting documents must be issued under the same person or business name for which the permit is being sought.

2. Kennels are identified by landowner, kennel owner/operator, parcel number, and address.

3. New permit applicants shall also include a written document detailing the facility’s animal care program and confinement facilities. The document should detail the animal feeding, watering, cleaning, exercise, medication and evaluation practices and/or procedures. It must also include a statement that it has been reviewed and approved by a licensed Veterinarian.

4. Renewal applicants shall include all applicable fees. Land use permits and business permits only need to be submitted if there has been a change in their status since the last permit was issued.

    

Payment of the application fee neither constitutes nor guarantees Animal Services’ permit approval.  Without permit approval, all activities requiring Animal Services’ permit approval under this section are strictly prohibited. All fees are non-refundable.

The effective period of all permits is one year, beginning on July 1^st and ending June 30^th, subject to suspension or revocation in accordance with the terms of this Article.

1. Fees will not be prorated for applications submitted after July 1^st.

2. Obtaining and maintaining a permit is the sole responsibility of the applicant or permit holder. It is the responsibility of the permit holder to ensure that an application for renewal has been submitted to and received by Animal Services prior to the expiration of their current permit term

3. In addition to any penalties incurred for operating a Kennel without a valid Permit, a late penalty equal to ten percent (10%) of the total fee for the Kennel Operation (the sum of the Kennel Permit fee, any Unaltered License fee(s), and any Breeder Permit fees) shall apply to all renewal applications submitted after August 31^st.

    

Permit holders operating multiple Kennels must obtain a separate permit for each facility.

Permit holders with multiple types of operations at a single location must obtain a separate permit for each operation. A separate fee will be applied to each application.
 

Denial of an Application: The following persons may have their application denied

1. Any person applying for an original permit who has not received approval for the location from the appropriate planning/zoning department or agency or who has not obtained any necessary permit(s) and/or license(s) for its operation; or

2. Any person whose permit has been suspended, for the period during which the order of suspension is in effect; or

3. Any person who has been or is an Officer, agent or employee of a permitted establishment whose permit has been suspended or revoked and who was responsible for or participated in the violation upon which the order of suspension or revocation was based, for the period during which the order of suspension is in effect and for a period of one year from the effective date of a revocation, or if a revocation has been stayed, until one year from the expiration of a stay; or

4. Any person whose permit has been revoked, or any partnership, firm, corporation, or legal entity in which any such person has substantial financial interest for a period of one year from the effective date of such revocation, or if a revocation has been stayed, until one year from the expiration of the stay; or

5. Any person who fails to comply with any provision of this Title; or

6. Any person who has been convicted of the crime of cruelty to Animals, whether in this State or any other State.

7. Any person with a prior record of Animal abuse and/or defiance of existing Animal control codes.

8. Any person who has failed to comply with the terms of a prior application or permit.

Revocation of Permit. A Kennel or Breeder Permit may be immediately revoked, or suspended pending investigation, by the Director, at any time, for the following reasons:

1. Lapse of appropriate permits or licenses from the appropriate planning/zoning department for the site of the Kennel operation;

2. Discovery of fraud or false statements in the Permit Application;

3. Violation of any Penal Code section 597 by Permit Holder or Caretaker;

4. Conviction of Permit Holder of the crime of cruelty to Animals, whether in this State or any other State.

5. When the continued operation of the Kennel poses an immediate threat to the health and/or safety of the public or the resident animals.

6. A pattern of unnecessary or inhumane euthanasia of retired breeding Dogs or other Dogs for space.

7. Failure to comply with the terms of the application or permit.
    

Right to Appeal Denial, Suspension, or Revocation of Kennel Permit. Should a Kennel Owner dispute the denial by Animal Services of his or her application for a Kennel Permit, or suspension or revocation by Animal Services of his or her existing Kennel Permit, Kennel Owner may request an Administrative Review.  Animal Services shall schedule the Administrative Review and provide notice to the Kennel Owner, via first class mail or personal service, of the date, time and place of the Administrative Review. Failure to appear at the Administrative Review at the designated time and place will be deemed a forfeiture of the appeal and any fees.
 

1.   Notice of Administrative Appeal. Within five (5) business days following the mailing date of the Administrative Review Officer's decision, the Kennel Owner may contest that decision by submitting a written administrative appeal to the Administrative Review Appeals Officer. The failure to submit the written appeal within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon Animal Services by the contestant.

2.   Conduct of Administrative Appeal. At the hearing on appeal, the Administrative Review Appeals Officer shall review the written decision of the Administrative Review Officer, any documents pertaining to the matter, offered summaries of the evidence, such transcript of testimony as may be furnished, and will hear such testimony as is relevant to the issues raised in the Notice of Administrative Appeal. The Administrative Review Appeals Officer will limit new testimony only to that which is raised in the Notice of Appeal. The Administrative Review Appeals Officer will not be subject to the rules of evidence.

1. Notice of Appeal. Within five (5) business days following the mailing date of the Administrative Review Appeals Officer's decision, the Kennel Owner may contest that decision by submitting a written appeal to the County Hearing Officer. The failure to submit the written appeal within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon Animal Services by the contestant.

2.   Conduct of Hearing. The County Hearing Officer shall hear the appeal in accordance with the provisions of Article 31 of Chapter 1 of Part I of this Code.