Resolution Number 76-10-6-1275
RESOLUTION NO. 76-10-6-1
ANIMAL FACILITY RULES AND FEE SCHEDULE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
ANIMAL FACILITY RULES, REGULATIONS, AND FEE
SCHEDULES.
BE IT HEREBY RESOLVED that the following Animal Facility
Rules and Regulations and Fee Schedule are hereby adopted pursuant
to Division 1, Title 4 and Division 3, Title 5 of the Codified
Ordinances of the County of Orange and City Ordinance No. 308.
ANIMAL FACILITY RULES AND REGULATIONS
SECTION 1. Definitions. The definitions contained in
Article 1 of Division 1 of Title 4 and Article 1 of Division 1
of Title 5 of the Codified Ordinances of the County of Orange
shall apply to this resolution unless it is apparent from the
context hereof that some other meaning is intended. In addition
the following definitions shall apply:
A. Operator. The legal owner or person in actual
control of any activity involving animals.
B. Owner. The actual custodian of an animal, whether
or not that person is the legal owner, the caretaker, or merely
the possessor of an animal. Legal ownership is established by a
person being registered as the owner on a license or other legal
document.
C. Primary Enclosure. :cleans any structure used to
immediately restrict an animal or animals to a limited amount of
space, such as a room, pen, run, cage, compartment, or hutch.
D. Run. Means the floor or surface and cage, exclusive
of the sleeping box, used to continually contain or maintain
dogs or cats.
E. Zoo. A collection of living animals for public
display.
SECTION 2. Administration.
A. Zoning. The applicant shall demonstrate that the
proposed use of the property complies with the zoning regulations
of the City of San Juan Capistrano.
B. Type and Number of Animals. Applicant, when applying
for a license, shall furnish the Director with a list of the type(s)
of animals proposed to be kept or used for any purpose, together
with the estimated maximum number thereof. The Director shall
establish the kind and maximum number of animals authorized to.be
maintained on the premises.
C. Changes to be Reported. Licensee shall report in
writing any changes in address, ownership, or management to the
Director at least fifteen (15) days prior to such change. (Zoning
applies to the property and licensing applies to the operator,
regardless of the ownership of the property).
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ffY I D. Records to be Kept. Licensee shall maintain a
register of the names and addresses of persons from whom animals
have been received and to whom animals have been sold, traded,
rented, leased, or given. This information shall be available
to the Director upon demand.
E. Regulations to be Issued. A copy of these regulations
shall be issued to each applicant for a license; the applicant
shall acknowledge receipt of such standards and shall agree to
comply with same by signing a form provided for the purpose by the
Director. Such form shall be filed with the application for a
license.
F. License to be Displayed. Each Licensee shall display
the license issued by the Director in the office, reception room, or
other area accessible for inspection.
G. License Expiration. Each license shall automatically
terminate on the expiration date shown thereon unless, on or before
such date, application for renewal has been submitted and approved
as herein provided.
H. Inspections. All licensees, upon being granted any
animal facility license, do thereby consent and agree to the entry
upon the premises described in the license or permit by the
Director or his authorized deputy for the purpose of conducting
such inspections as he may deem required. The inspections shall be
conducted with the licensees or his agent present.
SECTION 3. Facility Construction Standards, General.
A. Construction and Maintenance. Housing facilities
for animals must be constructed, equipped, and maintained so as to
continuously provide a healthful and sanitary environment, as
approved by the Director, for the animals kept or to be kept therein.
B. Shelter and Exercise. There must be adequate shelter
from the elements and sufficient space for exercise.
C. Food and Water. There must be ample and healthful food
and potable water, and adequate facilities for the sanitary storage
of same.
D. Waste Disposal. There must be adequate drainage and
satisfactory sanitary disposal of both natural precipitation and
animal wastes of all kinds. If disposal is by a sanitary sewage
system, it must be approved by the plumbing code of Orange County.
SECTION 4. Facility Operating Standards, General.
A. Good Citizenship. Licensee shall allow no animal to
constitute or cause a hazard, or to be a menace to the health, safety,
or peace of the community. Licensee shall keep all animals in such
a manner as may be prescribed to protect the animals from the public
and the public from the animals.
B. Cruelty. Licensee shall take every reasonable
precaution to insure that animals are not teased, abused, mistreated,
annoyed, tormented, or in any manner made to suffer by any person or
means. Any tack, equipment, device, substance, or material that is
or could be injurious or cause unnecessary cruelty to any animal is
prohibited. Animals which are natural enemies, temperamentally
unsuited, or otherwise incompatible shall not be quartered together
or so near each other as to cause injury or torment. Antibark collars
and sedatives are not to be used by licensee on any animal without
the written permission of the owner of the animal.
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C. Health. Licensee shall display no animal bearing
evidence of malnutrition, ill health, unhealed injury, or having
been kept in an unsanitary condition. Licensee shall isolate sick
or diseased animals from healthy animals at all times and in such
a way that diseases or parasites will not be transmitted to other
animals. The Director or his deputies may order any animal to be
examined and/or treated by a veterinarian.
D. Vector Control. There must be adequate and effective
means of control of insects and rodents and such control must be
vigorously maintained at all times.
E. Waste Disposal. Licensee shall provide for the daily
disposal of all animal feces and wastes. If disposal is by other
than a sanitary sewerage system, dead animals, manure, and wastes
shall be collected not less often than daily, and shall be stored
in fly -tight containers until removed.
F. Escaped Animals. Licensee has full responsibility
for recapturing any animal that escapes.
SECTION 5. Indoor Facility Standards. In addition to
the standards outlined in Sections 3 and 4 above, indoor housing
facilities for animals shall also comply with the following: .
A. Heating. Facilities shall be sufficiently heated
when necessary to protect the animals from cold and to provide for
their health and comfort.
B. Ventilation. Facilities shall be adequately ventilated
to provide for the health and comfort of the animals at all times.
Such facilities shall be provided with fresh air by means of windows,
vents, doors, or air conditioning and shall be so ventilated as to
minimize drafts, odors, and condensation of moisture. Auxiliary
ventilation, such as exhaust fans or vents or air conditioning,
shall be provided when the temperature at the level of the animals
is 850F. or higher.
C. Lighting. Facilities shall have ample and well -
distributed light by natural or artificial means adequate to
permit routine observation of the animals and/or proper cleaning
of the facilities.
D. Interior Surfaces. Interior surfaces shall be
constructed and maintained so that they are substantially impervious
to moisture and may be readily sanitized.
E. Drainage. A suitable method shall be provided to
rapidly eliminate excess water. If drains are used, they shall be
properly constructed and kept in good repair to avoid foul odors
therefrom. If closed drainage systems are used, they shall be
equipped with traps and installed in accordance with local plumbing,
codes so as to prevent any backup of sewage onto the floor of the
room.
SECTION 6. Outdoor Facility Standards. In addition to
the standards outlined in Sections 3 and 4 above, outdoor housing
facilities for animals shall also comply with the following:
A. Shelter. When sunlight is likely to cause overheating
or discomfort, sufficient shade shall be provided to allow animals
kept outdoors to protect themselves from the direct rays of the sun.
They shall also be provided with access to shelter to allow them
to remain dry during inclement weather. When the atmospheric tempera-
ture falls below 500F, sufficient clean bedding material or other
means of protection from the weather shall be provided for those
animals not acclimated thereto.
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2 7 8 SECTION 7. Kennels for Dogs. In addition to the above,
the following shall be required for licensed kennels housing dogs.
A. Exterior Enclosed. The exterior of the kennel area
shall be completely rented or otherwise enclosed.
B. Run Sizes. All kennels housing dogs shall have
runs. Each single run shall have a minimum floor area of eighteen
(18) square feet, not including the housing area, the width shall
be not less than three (3) linear feet. Each dog confined in such
run shall be provided a minimum square footage of floor space
equal to twice the mathematical square of the sum of the length
of the dog in inches, as measured fror.. the tip of its nose to the
base of its tail, plus six (6) inches, expressed in square feet.
C. Run Construction. Runs shall be constructed to
effectively enclose the dogs housed therein. Construction shall
permit ready observation and handling of dogs confined, and also
ease of cleaning. Dogs belonging to different owners shall not be
housed or penned together without the approval of all owners
concerned. .
(1). Concrete, asphalt, or other nonporous material,
with a slope to a drain or gutter of not less than one-fourth inch
per foot (lq" per ft.); such drain or gutter shall be connected
to an approved sewage system as required by the plumbing code, or
(2). Pea gravel or other suitable material of sufficient
thickness, and over an adequately porous base to assure that all
liquids are readily drained away (no matter from what source)
and that solid material can be readily removed and properly disposed
of. The finding of heavy concentrations of parasite eggs in
samples taken from the upper three (3) inches of the run floor
shall be adequate evidence that the cleaning and sanitation of
the run is not being satisfactorily accomplished, or
(3). Any manner which assures that all waste material
can be easily removed and/or washed away, and that the run and
surrounding area is sanitary and free from parasitic buildup.
D. Dog Kennel Run Construction: Kennels Boarding Dogs
Not Owned by the Operator or Owner of the Kennel. In addition to
other requirements of this section, and to protect the health of
dogs entrusted thereto, all such kennels hereafter licensed shall
require an owner's written statement that his dog(s) is immunized
against distemper, hepatitis, and leptospirosis before accepting
dogs for board or breeding.
E. Housing Size. Primary enclosures must also comply
with one of the following:
(1). Regular Rousing. The run must be contiguous with
the enclosure, or other shelter acceptable to the Director which
is continuously accessible and shall provide each dog housed therein
a minimum square footage such tha,tthe dog can turn about freely and
easily stand, sit, or lie in a comfortable normal position, or
(2). Temporary Housing. For animals being transported
in a vehicle, held at a pet show, kept in a pet shop, or otherwise
temporarily housed for not more than seventy-two (72) hours, or as
otherwise specified by the Director, the house (cage, crate, etc.)
must provide sufficient space to allow each dog to turn freely and
to easily stand, sit, and Lie in a comfortable position. After each
twelve (12) hours of confinement in such an enclosure, the dog must
be removed to an exercise area of not less than sixteen (16) square
feet, for at least one hour. The finding of a dog being forced to
lie in its own excrement shall be considered evidence that the
provisions of this section are being violated.
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F. ]lousing Construction. All primary enclosures shall
be structurally sound and maintained in good repair to protect
the dogs from injury, to contain them and to keep predators out.
They shall be constructed and maintained so as to enable the dogs
contained therein to remain dry and clean, and to permit regular
and effective sanitization. The dogs contained therein must have
convenient access to clean water. If the floor is solid and the
dog cannot exit at will, there shall be newspapers, shavings,
or other absorbent material on the floor.
SECTION 8. CATTERIES. In addition to the standards
outlined in Sections 3 through G.A. above, the following shall be
required of commercial and non-commercial catteries.
A. Exterior Enclosed. The exterior of the cattery area
shall be completely enclosed.
B. Enclosure Sizes. For cats, each single enclosure
shall have a minimum floor area of eight (8) square feet including
the shelving areas, and the width shall be not less than two (2)
linear feet. Each cat confined in such enclosure shall be provided
a minimum square footage of floor space equal to twice the mathe-
matical square of the sum of the length of the cat in inches,
as measured from the tip of its nose to the base of its tail,
expressed in square feet.
C. Enclosure Construction. Enclosures shall be construc-
ted to effectively enclose the cats housed therein. Construction
shall permit ready observation and handling of cats confined,
and also ease of cleaning. There shall be elevated solid resting
delves or surfaces of adequate size to comfortably hold all
occupants of the enclosure at the same time. Enclosures shall
be floored in any manner which assures that all waste material can
be easily removed and/or washed away, and that the enclosure and
surrounding area is sanitary and free from parasitic buildup.
The enclosure shall contain clean drinking water and a receptacle
containing sufficient clean litter to contain the excreta.
D. Enclosure Construction: Catteries Boarding Cats
Not Owned by thre Operator or Owner of the Cattery. In addition
to the other requirements of this section, all such catteries
hereafter licensed or relicensed must require an owner's written
statement that his cat(s) is immunized against panleukopenia
before accepting cats for boarding or breeding.
SECTION 9. Vaccination. Identification, Transfer
A. Rabies Vaccination. It is the responsibility of
the licensee to be able to prove at any time that all dogs on the
premises, which are over four (4) months of age, have been
properly vaccinated against rabies.
B. Identification. Licensees must maintain some type
of animal or cage identification system by which the records
required to be maintained in the office can be related to
individual animals.
(1). For dogs required to be individually licensed,
this shall consist (1) of the license tag either on the dog, (2)
the license tag number recorded and placed nearby so that it is
readily identifiable with the dog to which it belongs, or (3) if
the dog is not licensed, that fact shall be clearly noted on the
kennel records.
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(2). For a dog from out of the County on a temporary
basis, which is not required to be individually licensed, the
custodian must have in his poscssion some identification and
evidence of his relationship to the owner thereof (see Section 9.A).
C. Transfer of Animals. It shall be unlawful for any
pet shop to sell, transi'er, tracie, or barter to any person any wild,
exotic, dangerous, or nondomestic animal for which a license or
permit is required, without prior written approval from the Director.
SECTION 10. Rodeos. The following pertain to rodeos
and are in addition to the general rules and regulations:
A. Application. The applicant, when applying for a
license, shall furnish the Director with a detailed diagram of
the area showing the location of chutes, catch chutes, and pens;
a list of all proposed events and acts; and a copy of the rules
and regulations which will govern the conduct of the contestants
and events.
B. Supervision. The Director or his deputy shall be
in constant attendance at all shows. This official shall be fur-
nished an up-to-date list of names and numbers of.all contestants
and the numbers of the animals drawn by them.
C. Facilities. Chutes must be so constructed as to
prevent injury to stock. The arena must be free of rocks, holes,
and other obstacles. A conveyance must be available for the
immediate removal of injured animals from the area.
D. Equipment. The rowels on the spv--s of all contestants
must be short, dull, and free to revolve. The use of wire or shot -
loaded quirts is prohibited. All flank straps and equipment must
be removed from stock in catch chutes as soon as possible.
E. Animals. No animal which is unfit to perform the
work intended may be used. Generally, no more than one bull will
be allowed in the arena at a time. Calves for roping must weigh at
least 250 pounds and must be strong and healthy. Drugging of
animals is prohibited. An injured animal is to be kept in the catch
chute until examined and released by the Director.
FEE SCHEDULE
The following fee schedule has been adopted for services
rendered by the Veterinary Public Health Division of the Orange
County Health Department.
A. For animals impounded at the Shelter:
(1) Impound Fees: Minimum
a. Large animal (horse, cow, etc.)
actualcost or ....................... $25.00
b. Mediiun animal (pig, sheep, etc.) I
actual cost or ...................... 10.00
C. Dog, cat, or other small animal
actual cost or ...................... 10.00
(Except that animals that are impounded more than once within a
twelve (12) month period will be charged above fees plus fifty
percent (500) of prior impounding charges).
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2. Placement Fees: MininnIII
a. Dog ................................... $10.00
b. Cat ................................... 6.00
C. Other animal subject to placement.. market value
3. Animal Release Fee for Approved Medical Research
a. Dog ................................... $10.00
b. Cat ................................... 6.00
C. Other animal ...................... market value
d. Dead animal ........................... 1.00
4. Daily Care and Feed (minimum of one day charge)
a. Large animal (horse, cow, etc.) ....... $ 5.00
b.
Medium
animal
(pig, sheep, etc.) ......
2.50
C.
Dog or
cat ............................
2.00
d. Other small animal ................. actual cost
5. Veterinary Services:
a. Vaccination against rabies ............ $ 5.00
b. Medical or surgical care, per treatment,
at Orange County Animal Shelter ....... Minimum
(1) Large or medium animal,
actual cost or ................... $10.00
(2) Dog, cat, or other small
animal, actual cost or ........... 5.00
C. Medical or surgical care, per treatment,
performed by private veterinarian,
flat rate ............................. 20.00
6. Miscellaneous Services:
a. Euthanasia, upon request of owner ..... Free
b. Copies of documents approved for -
release, per page. .10
Note: The Director may charge the owner or custodian for veterinary
care rendered to impounded animals and such charges shall constitute
a lien on said animals. He may approve payment from County funds to
practicing veterinarians rendering treatment to impounded aniinals.
B. Individual Animal Licenses:
Note 1. A dog license can be sold only for the period
covered by a valid rabies vaccination certificate acceptable to the
California Department of Health (Ca. Admin. Code. 2606.4).
Note 2. The reduced fee for a neutered animal will be
allowed only upon presentation of a certificate of spaying, cas-
tration, or of the dog's inability to reproduce signed by a licensed
veterinarian.
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2 Note 3. Any person who fails to purchase or renew a
license within fifLeen (15) days after it has become due or expired
shall be deemed delinquent and may be required to pay a late fee
of five dollars ($5.00) in addition to the prescribed fee.
Note 4. Once purchased, there will be no refund of license
fees unless it is demonstrated that, at the time the license became
effective, the animal was not subject to licensing.
Neutered Other
1. Dog license, six (6) months ........ $ 3.00 $ 6.00
2.
Dog license, twelve (12) months ....
5.00
10.00
3.
Cat license, (optional), for the
period of valid rabies vaccination
2.00
4.00
4.
Reissue of lost dog license or cat
license tag ........................
2.00
2.00
5.
Transfer of dog license or cat
license ............................
2.00
2.00
6. Dog license, approved guide dog .... Free Free
7. License for privately owned wild,
exotic, dangerous, or nondomestic
animal, each ....................... --- 25.00
8. Orange County residents who are 65 years of age or
older may obtain one dog license or one cat registra-
tion at 500 of the regular fee. (Resolution No. 76-349).
C. Animal Facility Licenses:
Note: A non-refundable application fee of $25.Q0 shall be charged
for processing an application for any of the following facility
licenses. The application fee shall be credited to the license fee
if the license is issued:
1. Kennel, per year
a. 4-9 animals $ 40.00
b. 10-29 animals 65.00
C. 30-59 animals 90.00
d. 60 or'over animals 120.00
2. Pet shop, per year $ 50.00
3. Grooming parlor, per year $ 25.00
4. Animal rental establishment,
per year $100.00
5. Permanent animal exhibition.
(including public aquarium, zoo
domestic and wild animal park, and
animal act), per year $100.00
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6. Commercial stable, per year
a. 1-9 horses $ 40.00
b. 10-29 horses 65.00
C. 30-59 horses 90.00
d. 60 or over horses 120.00
7. Circus, per day $125.00
8. Rodeo, per day $250.00
PASSED, APPROVED AND ADOPTED THIS 6th day of October
1976, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Heckscher,
and Mayor Nash
NOES: None
ABSENT: None
DOUGLAS B. SH, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I. MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, Califo..iia, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 76-10-6-1, adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 6th_ day of October , 1976.
(SEAL)uQ. ,
MARY ANN HPOVER, CITY CLERK
ME
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
286
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 7.4-1-28-4, and on the 8th day of October ,
1976 she caused to be posted:
RESOLUTION NO. 76-10-6-1
being: ANIMAL FACILITY RULES AND FEE SCHEDULE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
ANIMAL FACILITY RULES, REGULATIONS, AND FEE
SCHEDULES.
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange County Public Library.
1ARY AN HANOV R,�Clerk
San Jup Capistrano, California