HomeMy WebLinkAbout2004-10-12 - ORDINANCES - ADOPT ORD ANIMAL FACILITIES (2). _ ORDINANCE NO. 04-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING TITLE 8 - ANIMALS, OF THE SANTA
CLARITA MUNICIPAL CODE (SCMC) TO CREATE A SYSTEM TO GRADE ANIMAL
FACILITIES BASED ON REQUIRED ANNUAL INSPECTIONS, AND TO REVISE
AFFECTED PENALTY, LICENSING AND FEE PROVISIONS
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 8.04.060 is hereby amended to read as follows:
8.04.060 Violation — Penalty.
A. Any person violating any of the provisions of this title is guilty of an infraction,
unless another penalty is provided for in this title.
B. Violation of Sections
8.12.190
8.12.200
8.20.280
8.20.310
8.28.060
8.28.280.0
8.32.020
8.32.070
8.32.080
8.37.030
8.37.050(C)
8.37.060(F)
8.40.010
8.40.040
8.86.010
of this title is a misdemeanor, punishable as set forth in Penal Code Section 19.
SECTION 2. Section 8.08.031 is hereby added to read as follows:
8.08.031 Animal Facility.
"Animal Facility" means any animal related business or organization, including a non-
profit humane organization (as defined in Section 8.08.175), which is required to be
._ licensed under Section 8.28.060.
Ordinance No. 04-13
Page 2
SECTION 3. Section 8.08.032 is hereby added to read as follows:
8.08.032 Animal Facility Grade Card.
"Animal Facility Grade Card" means a Card issued by the Department, showing the letter
grade earned by an animal facility, as reflected in the most recent Animal Facility
Inspection Report. The Animal Facility Grade Card must be displayed in accordance
with the provisions of Section 8.28.280.
SECTION 4. Section 8.08.033 is hereby added to read as follows:
8.08.033 Animal Facility Inspection Report.
"Animal Facility Inspection Report" is the Report of the Department reflecting the
conditions existing at the facility at the time of the inspection. The letter grade received
by the facility is based on the final score set forth in the Animal Facility Inspection
Report.
SECTION 5. Section 8.08.155 is hereby added to read as follows:
8.08.155 Hobby Breeder.
"Hobby Breeder" is any person, except for a person possessing a valid kennel license,
who owns and breeds a female dog or cat and sells the offspring for pay or for other
compensation.
SECTION 6. Section 8.12.220 is hereby added to read as follows:
8.12.220 Animal Facility Inspection and Grading Authority.
The director, or his or her duly authorized representative, shall inspect every animal
facility annually as provided in Section 8.28.050 and shall report on the findings of said
inspection in an Animal Facility Inspection Report. The letter grade issued by the
Department shall be based on the most recent Animal Facility Inspection Report of the
facility. The director is authorized to recommend appropriate licensing or other legal
action as set forth in Section 8.28.290.
SECTION 7. Section 8.20.045 is hereby amended to read as follows:
8.20.045 Hobby Breeding — License Required — Fees.
Shall obtain an animal breeding license in the amount set forth in Section 8.90.010. Each
license shall authorize the helping of no more than one litter per female dog or cat in any
12 -month period and no more than one litter per domestic household in any 12 -month
period.
SECTION 8. Section 8.28.020 is hereby amended to read as follows:
8.28.020 Initial License — Application Required.
Every person desiring a license to operate an animal facility or to keep a wild animal
under Section 8.28.060 shall file an application with the Department upon a form to be
Ordinance No. 04-13
Page 3
provided by the Department and at such time pay the required fees and any applicable
penalty, as set forth in Section 8.90.010.VII. A person who possessed or owned a wild
animal or who operated an animal facility without the required license, shall pay the
penalty set forth in Section 8.90.O10.VII C.4, in addition to the license fee. When a
person applies for more than one license or animals at the same premises at the same
time, the cost of the licenses shall be reduced by the amount set for in
Section 8.90.010.VII.A.l.k.
SECTION 9. Section 8.28.040 is hereby amended to read as follows:
8.28.040 License Fee Not Refundable — No Part of the License Fee is Refundable in Any
Case.
SECTION 10. Section 8.28.050 is hereby amended to read as follows:
8.28.050 License Requirements — Inspection Prerequisite to Issuance and Renewal.
Upon the filing of any license or renewal application covered by this chapter, the director
shall inspect and make such investigation as he deems proper. The director may issue a
new license or renew the license if the following requirements are met:
A. The maintenance of the animal or animals at the location set forth in the
application will not violate any law or ordinance of the county of Los Angeles or
any law of the state of California, or constitute a menace to the health, peace or
safety of the community.
B. The applicant has received approval from the director of the regional planning
department that the maintenance of the animal or animals as defined in this
chapter, at the location specified in the application for the license therefore, will
not violate any provision of any zoning ordinance or other specific plan of land
use; and
C. The applicant has not had a license, covered by this chapter, denied or revoked
within the county of Los Angeles within twelve months prior to the
application. However, the director may issue a license within the twelve month
waiting period if the applicant is able to make the showing required by
Section 8.28.150.
SECTION 11. Section 8.28.060 is hereby deleted in its entirety.
SECTION 12. Section 8.28.060 is hereby added in its entirety to read as follows:
8.28.060 License — Required for Certain Activities and Animals — Certain Animals
Exempt.
Ordinance No. 04-13
Page 4
A. Any person, including a new owner of an existing organization or business, shall
not conduct or operate any animal facility listed in Section 8.90.010.VII, or keep
any wild animal, within the City of Santa Clarita , without first obtaining a license
from the Department, except as otherwise provided in this Section 8.28.060. Any
person who has not applied for a license within 30 days after the expiration date
of a license must obtain a new license, in place of a renewal license. A license is
not required for the keeping of the following animals for personal use:
1.
Canaries;
2.
Chinchillas;
3.
Chipmunks;
4.
Finches;
5.
Gopher snakes;
6.
Guinea pigs;
7.
Hamsters;
8.
Hawks;
9.
King snakes;
10.
Marmoset monkeys;
11.
Mynah birds;
12. Parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, love
birds, macaws, and similar birds of the psittancine family;
13. Pigeons;
14. Ravens;
15. Squirrel monkeys;
16. Steppe eagles;
17. Toucans;
18. Turtles;
19. White doves;
20. Tropical fish excluding caribe;
21. Domesticated mice and rats.
B. Notwithstanding any other provision of this Division 1, the director shall waive
the license requirement for a cat kennel (as defined in Section 8.08.090) or dog
kennel (as defined in Section 8.08.130) when an animal permit has been obtained
pursuant to Ordinance 1494, the Zoning Ordinance, (Los Angeles County Code
Sections 22.52.330 and 22.56.420 through 22.56.530).
SECTION 13. Section 8.28.061 is hereby amended to read as follows:
8.28.061 Keeping and Breeding Pygmy Pigs -Licenses Required.
Any person owning or having the custody, care or control of a pygmy pig as defined in
this title who keeps or maintains any such pigs, whether as a pet or for personal use, or
breeds such pigs for pay or other compensation, shall first pay a fee and obtain an animal
license or animal facility license from the department, except that no such license shall be
issued unless:
Ordinance No. 04-13
Page 5
A. The person keeping or maintaining a pygmy pig in a residential area, as permitted
in Los Angeles County Code Section 22.20.030 as a pet or for personal use, has
provided proof from a licensed veterinarian that the pig has been neutered or
spayed and such proof has been submitted to the department.
B. The person owning or having custody and care of the animal has obtained any and
all licenses and zoning permits required pursuant to this code or any other
ordinance or statue and has submitted proof of such to the department.
SECTION 14. Section 8.28.090 is hereby amended to read as follows:
8.28.090 License -Expiration Date.
All licenses covered by this chapter shall automatically expire twelve months following
the date of issue, unless sooner revoked or unless the licensee changes the location of his
establishment or the animal for which the license was issued, or the licensee sells,
assigns, or transfers or otherwise disposes of such establishment or animal or his interest
therein.
SECTION 15. Section 8.28.110 is hereby repealed.
SECTION 16. Section 8.28.150 is hereby amended to read as follows:
8.28.150 Exception to Waiting Period Following License Denial or Revocation.
If a license has been denied or revoked, the director shall not accept a new application by
the same person for a license for the same activity at the same location less than twelve
months after such denial or revocation unless the applicant affirmatively shows, and the
director finds, that the grounds upon which the first application was denied or the license
was revoked no longer exist.
SECTION 17. Section 8.28.160 is hereby amended to read as follows:
8.28.160 Renewal Procedure.
Within 30 days after the expiration of any license or prior to the expiration of the license,
the licensee shall apply for a renewal of the license and, with his application, pay the
required fees set forth in Section 8.90.010 VII B. For animals at the same premises at the
same time, the cost of the renewals shall be reduced by the amount set forth in
Section 8.90.010 VII B.Li. An animal facility which has not applied for a renewal within
the 30 day grace period must obtain a new license in place of a renewal license, and pay
the fees applicable to an initial license. If the applicant has not applied for a renewal
within six months after the expiration date, the penalty provided in Section 8.90.010 CA
must also be paid.
SECTION 18. Section 8.28.175 is hereby added to read as follows:
Ordinance No. 04-13
Page 6
8.28.175 Reinspection.
When a reinspection of the premises is necessary to determine compliance with all
licensing requirements, or when a person requests a reinspection in order to improve a
grade, or for any reason, he shall pay the reinspection fee set forth in
Section 8.90.010 VII.C.1 provided that any applicable initial license fee or renewal fee
has been already paid within the preceding twelve months.
SECTION 19. Section 8.28.270 is hereby added to read as follows:
8.28.270 Animal Facility Grading -Bases for Grading.
A. The purpose of the Animal Facility Grade Card is to provide notice to the public
of the grade earned by an animal facility at the time of the most recent inspection
of the facility. The grading standards are set forth in the Animal Facility
Inspection Report, which is available upon request from any County shelter.
B. The letter grade reflected in the Animal Facility Inspection Report is based on the
facility's level of compliance with applicable state statutes and local ordinances
and policies relating to the care of animals. The grade shall be issued on the
animal facility's final score as follows:
1. Grade of A: Final score of 90% and above;
2. Grade of B: Final score of 80% to 89%;
3. Grade of C: Final score of 70% to 79%;
A final score of 70% is the minimum grade required to maintain a license in good
standing. A score of less than 70% will result in recommendations by the
Department regarding licensing or legal action to be taken as set forth in
Section 8.28.290.
SECTION 20. Section 8.28.280 is hereby added to read as follows:
8.28.280 Display of Grading Card -Violation.
A. Upon issuance by the director, the facility shall post the Animal Facility Grade
Card at every animal facility, so as to be clearly visible to the general public and
to patrons entering the facility. For purpose of this section, "clearly visible to the
general public and to patrons" shall mean:
1. Posted in the front window of the facility within five feet of the front door;
2. Posted in a display case mounted on the outside front wall of the facility
within five feet of the front door; or
3. Posted in a location as directed and determined in the discretion of the director
to ensure proper notice to the general public and to patrons.
Ordinance No. 04-13
Page 7
B. In the event that an animal facility is operated in the same building or space as a
separately licensed or permitted business, or in the event that an animal facility
shares a common patron entrance with such a separately owned or permitted
business, or in the event of both, the facility shall post the Animal Facility Grade
Card(s) in the initial patron contact area, or in a location as determined in the
discretion of the director.
C. The Animal Facility Grade Card shall not be defaced, marred, camouflaged,
hidden or removed. Except as provided in subsection D of this section, it shall be
unlawful to operate an animal facility unless the Animal Facility Grade Card is
displayed as required by this section 8.28.280. A violation of this subsection C is
a misdemeanor, and is punishable as a misdemeanor under Penal Code
Section 19.
D. The director may waive posting of the Animal Facility Grade Card when the
animal facility consists of animals maintained solely as personal pets which are
not used to breed, show, sell, adopt or to transfer ownership or custody of the
animals by any other method.
SECTION 21. Section 8.28.290 is hereby added to read as follows:
8.28.290 Consequences of Failure to Achieve Minimum Grade.
The Department shall make recommendations as to licensing or legal action to be taken
when an animal facility does not earn a final score of at least 70%.
1. Licensing Consequences: Licensing consequences of an animal facility's
failure to attain a final score of at least 70% include the imposition of
conditions, denial, revocation or non -renewal of the license.
2. Other Consequences: Other consequences include referrals to local
prosecuting authorities for criminal prosecution under local ordinances or
state statutes.
SECTION 22. Section 8.90.010 is hereby amended to read as follows:
8.90.010 Fee Schedule.
The fees required to be paid for all services and activities set forth in Title 8 are as
follows, except that the director may waive any fees in cases of undue hardship:
VII. Animal Facility Licenses.
Licenses for the animal facilities listed below are required to be obtained annually.
A. Initial Animal Facility License Fees (including inspection);
1. All Animal Facility except for dog and cat kennels:
Ordinance No. 04-13
Page 8
a.
Pet Shop
$250.00
b.
Grooming parlor/mobile
$250.00
c.
Animal menagerie
$250.00
d.
Wholesale wild animal dealer
$250.00
e.
Stables
$250.00
f.
Hobby Breeder (Defined in Section 8.20.045)
$250.00
g.
Rodeo (first day or one day event)
$250.00
h.
(i) Each additional day
$25.00
h.
Animal Exhibition (first day or one day event)
$250.00
(i) Each additional day
$25.00
i.
Pygmy Pig Breeder
$250.00
j.
Non -Profit Humane Organization
$250.00
k.
Fee reduction for each additional animal care facility
application made at same location at the same time
$125.00
2. Dog and Cat Kennels:
For purposes of license fee computation, fee is based on 75 percent of the total capacity
of the kennel or the actual animal population housed at the time of the inspection,
whichever is greater.
4-20 dogs or cats
$300.00
21-50 dogs or cats
$350.00
51-75 dogs or cats
$400.00
76-100 dogs or cats
$450.00
Over 100 dogs or cats
$525.00
Penalty for operation of kennel without license
$100.00
B. Renewal Animal Facilities License Fees (including inspection):
1. All Animal Facilities Except for Dog and Cat Kennels:
a.
Pet Shop
$175.00
b.
Grooming parlor/mobile
$175.00
c.
Animal menagerie
$175.00
d.
Wholesale wild animal dealer
$175.00
e.
Stables
$175.00
f.
Hobby Breeder (Defined in Section 8.20.045)
$175.00
g.
Pygmy Pig Breeder
$175.00
h.
Non -Profit Human Organization
$175.00
i.
Fee reduction for each additional animal care facility
application made at same location at the same time
$50.00
2. Dog and Cat Kennels:
Ordinance No. 04-13
Page 9
'— For purpose of license fee computation, fee is based on 75 percent of the total capacity of
the kennel or the actual animal population housed at the time of the inspection, whichever
is greater.
4-20 dogs or cats
21-50 dogs or cats
51-75 dogs or cats
76-100 dogs or cats
over 100 dogs or cats
C. Miscellaneous Fee Provisions:
1. Reinspection
2. Inspection fee for animal permit under Los Angeles County
Code Section 22.52.330 and 22.56.420-22.56.530
3. Guard dogs (8.20.280 and 8.20.290)
4. Penalty for operation of animal facility without license
$225.00
$275.00
$325.00
$375.00
$450.00
$50.00
$50.00
$100.00
SECTION 23. If any part of this Ordinance or its application is deemed invalid by a
court of competent jurisdiction, the City Council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 24. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Santa Clarita's book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 25. This Ordinance will become effective thirty (30) days following its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 12`h day of October, 2004.
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ATTEST:
CITY CLERK
Ordinance No. 04-13
Page 10
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 04-13 was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the 28`h day of September, 2004. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 12`x' day
of October, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Ferry, McLean, Weste, Smyth, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 04-13, adopted by the City Council of the City of
Santa Clarita, CA on October 12, 2004, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
20_.
�. Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk