§ 6-1.33. Special animal permit.

(a)

When required. No person shall own or harbor more than the maximum number of dogs and/or cats, including persons operating catteries, kennels or animal rescue facilities without obtaining a valid special animal permit pursuant to this section. For purposes of this section, the maximum number equals four (4), provided that not more than three (3) of the number are dogs. In calculating the maximum number or the number of animals permitted by an issued permit, one (1) litter shall not be counted until the dogs or cats of the litter reach six (6) months of age. Violation of this subsection shall be a misdemeanor.

(b)

Issuance. A person may apply for a special animal permit by: (1) paying the required and nonrefundable application fee set by resolution; and (2) furnishing the information requested by the staff of the Planning Commission. The application is then reviewed: (1) by the Fresno County Health Department; (2) if approved by the Health Department, by the Planning Commission; and (3) by City Council. The Planning Commission shall recommend denying or granting the application to the City Council; the City Council may thereupon finally grant or deny the application. No permit will be issued unless the uses disclosed in applying for the permit conform to applicable zoning ordinances, and until the permit fee, in addition to the application fee, is paid in the amount set by resolution of the City Council.

(c)

Nontransferability. A permit shall not be valid in relation to a person to whom it was not issued or to premises not named in the permit. The permittee shall immediately notify the Director of Community Development/Planning of any change which may affect the status of his permit.

(d)

Renewal of permit. Any permit issued pursuant to this section shall expire on each December 31st following the date of issue. Within two (2) months prior to the expiration of the permit, the permittee may apply for a renewal of the permit and pay the required fee. Any application made after December 31st, shall be accompanied by a late application fee in addition to the regular permit fee.

(e)

Exemptions. Animal establishments operated by State or local government or which are licensed by federal law or licensed veterinary facilities or licensed grooming salons or a facility operated by a nonprofit society incorporated in California for the primary purpose of preventing cruelty to animals are excluded from the licensing requirements of this chapter.

(f)

Inspections. All establishments required to obtain a permit under this section shall be subject to periodic inspections. The inspector shall make a report of such inspection with a copy to be filed with the City Police Department and the Community Development Department.

The Animal Control Officer, Police Officer or other authorized City employee is hereby authorized to enter and inspect the premises of any holder of a special animal permit for the purpose of determining whether such special animal permit holder is in compliance with the provisions of City ordinances and the conditions of the special animal permit. As a condition of issuance of a special animal permit, each permit holder shall agree to allow such entry and inspection. Such agreement shall be made a part of the license application. Inspections shall be made during reasonable hours when the special animal permit holder is present, and such inspections may be made without prior notice to the permit holder. Willful refusal on the part of a special animal permit holder to allow such inspection shall be grounds for summary denial of an application for a special animal permit or for summary suspension or revocation of a special animal permit.

(g)

License. Nothing in this section exempts any animal from the license requirements of this chapter.

(§ 1, Ord. 666, eff. April 6, 2002)