HomeMy WebLinkAboutORD NO 5147ORDINANCE NO.
514T
AN ORDINANCE OF THE CITY OF BAKERSFIELD ENACTING
CHAPTER 6.06 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO KENNELS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 6.06 of the Bakersfield Municipal Code is hereby enacted to read
as follows:
Chapter 6.06 Kennels
Sections:
6.06.010
Definitions.
6.06.020
Kennel - License required.
6.06.030
License - Application.
6.06.040
License - Fee.
6.06.050
Sanitary requirements.
6.06.060
Kennel license - Standards.
6.06.070
Cages.
6.06.080
Inspections.
6.06.090
License suspension.
6.06.100
Appeal.
6.06.110
Redemption of impounded animals.
6.06.120
Violation - Penalty.
6.06.130
Severability.
6.06.010 Definitions.
When used in this chapter, the following terms shall have the meaning
specified in this section unless a different meaning clearly appears from the
context:
"Director of Animal Control" means the director or supervisor of the
organization, or designee, which has the responsibility of enforcing the provisions
of this chapter.
"Adequate space" means sufficient space for the animal to stand up with
neck in fully upright position, sit down, lie down with legs outstretched, and offer
freedom of movement.
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"Kennel" means any premises on which more than three dogs at least
twelve weeks of age are kept including any business of boarding, breeding, or
providing day care for dogs. A "kennel" does not include: (1) the public shelter;
(2) any animal care facility, kennel, pound or training facility operated by any
subdivision of local, state, or federal government; (3) any humane society, any
veterinary hospital, or any research facility subject to inspection under separate
provisions of local, state or federal law.
"Day care for dogs" means any person who, for compensation, provides
care for less than 24 hours per day for three or more dogs; provided that a "day
care for dogs" shall not include any person who provides: (1) dog walking services
only; or (2) care for a dog only in the residence of the dog owner.
6.06.020 Kennel - License required.
A. No person shall operate a kennel without having first obtained a
license under this chapter.
6.06.030 License - Application.
A. Every person desiring a license under this chapter shall complete
and submit to the Bakersfield police department a written application in a form
approved by the chief of police or designee along with the required fee.
B. Any license issued under this chapter shall be valid for one year from
the date of issuance unless revoked or suspended.
6.06.040 License - Fee.
The annual fee for a kennel license shall be as set forth in the fee schedule
adopted pursuant to Chapter 3.70 of this Code.
6.06.050 Sanitary requirements.
All licensed premises shall be kept free and clean of decaying food and
filth of any kind and shall be maintained under sanitary conditions at all times.
Every person licensed under this chapter shall comply with all local, state and
federal laws relating to animal health, sanitation and disease prevention.
6.06.060 Kennel license - Standards.
Every kennel shall:
1. Provide the animals with potable water, at all times, and adequate
nutrition appropriate for the species; �aAkFa^
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2. Maintain a record of the name, address, telephone number and
emergency contact information of the owner for every animal in its care;
3. Maintain a file for every dog in its care that includes the certificates
and verification required in this chapter;
4. Provide each dog with a cage or separate individual enclosure;
5. Require proof of a current city dog license for any dog that is owned
by a resident of the city; and
6. Maintain a copy of (i) a veterinary certificate of health and proof of
current vaccinations for distemper, rabies, parvovirus, and bordetella. A
veterinary certificate of adequate titer protection issued within the previous 12
months from the date of presentation may be substituted for the distemper and
parvovirus vaccinations; and (ii) a current veterinary certificate verifying that the
dog is free from intestinal parasites.
6.06.070 Cages.
A. All cages or enclosures provided by any licensee shall:
1. Be of adequate space appropriate to the age, size, weight and
species of animal;
2. Be constructed of material that is impervious to urine and water, and
able to withstand damage from gnawing and chewing;
3. Be constructed of material of sufficient strength and design to
confine the animal; and
4. Be cleaned and sanitized as necessary, but not less than once per
day.
B. Animals housed on wire flooring shall be provided with a rest board,
floor mat or similar device.
6.06.080 Inspections.
Animal Control may conduct an inspection of any licensee, or anyone
required to hold such a license, as is necessary to ensure compliance with the
applicable provisions of this code and any applicable State law.
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6.06.090 License suspension.
A. Whenever an inspection indicates that the condition of a licensee's
premises creates an imminent hazard to the public health or to the health of any
animal in the licensee's care, the chief of police or designee may immediately
suspend or revoke the license and impound any animal in the licensee's care until
such time that the conditions that caused the hazard are corrected.
B. Upon suspension of any license, all operations related to the license
shall cease at once. The Director of Animal Control may cause a "notice of
closure" sign to be conspicuously placed upon the suspended licensee's
premises. It shall be unlawful for any person to remove a "notice of closure" sign
placed on the licensee's premises unless authorized to do so by the City.
6.06.100 Appeal.
A. If the chief of police or designee denies, revokes or does not renew
the kennel license, the decision may be appealed by the applicant to the city
manager, or designee, through the following procedure:
1. No later than 15 calendar days after mailing of the notice of denial or
revocation, the applicant shall file with the city clerk a written request for an
appeal hearing, which states the specific grounds for appeal.
2. As soon as practicable after receiving the appeal, the city manager, or
his or her designee, shall set a date to hear the appeal, which date shall be within
a reasonable time from the date the appeal was filed. The city manager, or
designee, shall give the appellant written notice of the time and place of the
hearing at least fifteen days prior to the date of the hearing. The hearing shall be
informal. At the hearing, the city manager, or designee, shall hear the appellant
and any witnesses, as well as any information to be provided by the chief of
police, or designee. Upon conclusion of the hearing, the city manager, or
designee, shall render a decision within 30 days. The decision of the city manager,
or designee, shall be final.
3. Unless otherwise specifically prohibited by law, the burden of proof is on
the applicant or license holder in any hearing or other matter under this chapter.
6.06.110 Redemption of impounded animals.
The redemption period for any animal impounded under section 6.06.090
and whose owner is known shall be 30 days or until redeemed by the owner,
whichever occurs first, during which time reasonable means shall be used to
facilitate return of the animal to the owner. The owner of any animal impounded
may redeem the animal by paying a fee per day for each day the animal jc KF,`
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impounded, plus any costs for required vaccinations and any other costs incurred
by the city for the care and treatment of the animal. In the case of an unlicensed
animal, the owner shall also pay the license fee.
Animals of unknown ownership that are impounded under section 6.06.090
shall be held by the director or manager of the animal shelter for a minimum of
fifteen days, or for such other length of time as the director or manager may deem
necessary to license location of and redemption by the owner.
Any animal remaining unredeemed after the prescribed holding period
shall become the property of the animal shelter.
6.06.120 Violation - Penalty.
Any person who violates any of the provisions of this chapter shall be
subject to the penalties set forth in Chapter 1.40. Each day that such violation
exists shall constitute a separate and distinct offense.
A violation of any provision of this chapter or the rules or regulations
promulgated thereunder shall constitute grounds for revocation or suspension of
a license.
6.06.130 Severability.
The provisions of this chapter are severable. If any section, paragraph,
sentence, phrase, or word of this chapter is declared invalid for any reason by a
court of competent jurisdiction, such invalidity shall not affect the validity of any
other portion of this chapter, which shall remain in full force and effect.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective thirty (30) days after the date of its
passage.
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
DEC 1 3 2023 , by the following vote:
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YE ' COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
APPROVED:
DEC 13 2023 Council of the City of Bakersfield
By:
KARE GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:A-k&A4-%6t.o
ASHLEY E.AAMBRANO
Deputy City Attorney
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SAC0UNCIL\0rds\23-24\6.06 Kennels.Fnl.docx
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )ss.
JULIE DRIMAKIS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of
Bakersfield; and that on the 20th day of December 2023 she posted on the
Bulletin Board at City Hall, a full, true and correct copy of the following:
Ordinance No. 5147, passed by the Bakersfield City Council at a meeting held
on the 13th day of December 2023 and entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD ENACTING CHAPTER 6.06 OF THE
BAKESFIELD MUNICIPAL CODE RELATING TO KENNELS.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
tY I l-,
D *UY Vity'Clerk
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