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Home My WebLink About6.1 Muni Code Kennels CITY CLERK File # D[3J[Q][Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 20, 2008 SUBJECT: ATTACHMENTS: 2. RECOMMENDATI~ ~: \ 3. 4. 5. FINANCIAL STATEMENT: None. DESCRIPTION: PUBLIC HEARING: Review of Dublin Municipal Code Chapter 4.28 (Kennels) Report Prepared by Elizabeth H Silver, Assistant City Attorney and Stephen Muzio, Associate Attorney 1. Ordinance Amending Chapter 4.28 of the Dublin Municipal Code relating to Kennels. Clean version of ordinance. Receive Staff presentation; Open public hearing; Receive public testimony; Close public hearing and deliberate; Waive reading and INTRODUCE the Ordinance Amending Chapter 4.28 of the Dublin Municipal Code relating to Kennels (Attachment 1). At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved with high priority the comprehensive update to certain chapters of the Dublin Municipal Code (DMC). One chapter proposed for review is DMC Chapter 4.28, which requires: 1) any person owning or controlling a kennel within the city to obtain a kennel license after having received certification, signed by the County Health Officer, stating that the kennel is operated in accordance with applicable law; and 2) that the owner or operator of a kennel recertify his or her kennel and renew his or her kennel license each year. Dublin Police Services has indicated that there is currently one licensed kennel operating in the City. Staff has reviewed the Chapter and recommends that, in addition to minor changes intended to clarify the Chapter and ensure its consistency with the rest of the Municipal Code, a new Section 4.28.030 be inserted to exempt veterinary facilities which are regulated by California Business and Professions Code Chapter 11 from the kennel license requirement. Business and Professions Code Section 4809.6 explicitly states that the State has preempted and occupied the field of enforcing the cleanliness and sanitary conditions of certain veterinary facilities. These facilities must register each year with the California Veterinary Medical Board, and are subject to random, unannounced inspections by the Board. (Business COpy TO: ------------------------------------------------------------------------------------------------------------- Page 1 of2 b.' ITEM NO. and Professions Code Section 4809.7.) The new Section 4.28.030 states that any operator of a kennel claiming to be registered with the Veterinary Medical Board must show proof of current registration. The exemption from the kennel license provision does not exempt these businesses from other requirements imposed by the Municipal Code. For example, they will still be subject to the City's zoning provisions and must obtain business licenses pursuant to Chapter 4.04 of the Municipal Code. Staff also recommends that the definition of "kennel" be amended to be consistent with the definition of "kennel" contained in the zoning provisions of the Dublin Municipal Code. Dublin Police Services and the Planning Division have reviewed this ordinance and concur with the recommended changes. RECOMMENDATION Staff recommends that the City Council: 1) receive Staff presentation; 2) open public hearing; 3) receive public testimony; 4) close public hearing and deliberate; 5) waive reading and INTRODUCE the Ordinance Amending Chapter 4.28 of the Dublin Municipal Code relating to Kennels (Attachment 1). Page 2 of2 /1 If ORDINANCE NO._ AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 4.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO KENNELS The City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 4.28 of the Dublin Municipal Code is revised as follows, with deletions indicated in strikethrough and additions indicated in underline: 4.28.010 Definitions. F or the purposes of this chapter the words set out in this section shall have the following meanIngs: "Director" means the City Manager or his or her authorized representative. "Kennel" means any place where dogs and/or cats four months of age or older are kept or maintained for breeding purposes, boarding, training, treating, sale or other commercial purposes."Kennel" means any place \-vllere more than five (5) dogs are kept or main-taiE.ed f{)r breeding purposes, training, treating, sale or other commercial purposes. "Owner" means any person, firm, or corporation keeping or maintaining any kennel. 4.28.020 Kennel license required. Every person owning or controlling a kennel within the Ceity shall within ten (10) days after commencing to keep or maintain a kennel, and each year thereafter on the anniversary date of such license, procure a kennel license from the Director. Each applicant for a kennel license shall pay a license fee in the amount established by City Council resolution. 4.28.030 ExceDtion. Notwithstanding any other provisions ofthis Chapter, no facility at which veterinary medicine, veterinary dentistry or veterinary surgery is being practiced, and which has proof of current registration with the California Veterinary Medical Board pursuant to Business and Professions Code Section 4853 as it is now and as it may be amended, shall be required to obtain a kennel license. This exception applies only to the kennel license requirement described in Section 4.28.020, and does not relieve any operator of any such facility of the duty to comply with all applicable provisions of the Dublin Municipal Code. 4.28.040~ Certificate required. No kennel license shall be issued without a current certificate signed by the County Health Officer first having been obtained that the kennel is operated or is to be operated in accordance with applicable law. 4.28.050040 Use permit. No kennel license shall be issued without evidence of a use permit, if any is required, by the zoning provisions of the Dublin Municipal Code city zoning ordinafloe. 4.28.060~ Issuance of license. The Director shall issue kennel licenses to applicants who have met requirements of this chapter. ~#- b'/ 5/&4ff ~ ATTACHME14T 1 (] 02~lf 4.28.0709&G License tag required-When. When any dog is removed from a kennel and is kept at any place in the eCity other than a kennel, the owner shall obtain a license tag for the dog pursuant to Ceity ordinance within ten (10) days after its removal from the kennel. 4.28.0809+G Kennel license nontransferable. No kennel license issued pursuant to this chapter is transferable. 4.28.090OSG Maintenance-Inspection. A. Every deg-kennel shall be maintained in a manner satisfactory to the Director. B. Any premises licensed as a €leg-kennel pursuant to this chapter may be inspected by any Ceity official at any reasonable hour. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _ day of , 2008. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Deputy City Clerk 3~4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 4.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO KENNELS The City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 4.28 of the Dublin Municipal Code is revised as follows, with deletions indicated in strikethrough and additions indicated in underline: 4.28.010 Definitions. F or the purposes of this chapter the words set out in this section shall have the following meanIngs: "Director" means the City Manager or his or her authorized representative. "Kennel" means any place where dogs and/or cats four months of age or older are kept or maintained for breeding purposes, boarding, training, treating, sale or other commercial purposes. "Owner" means any person, firm, or corporation keeping or maintaining any kennel. 4.28.020 Kennel license required. Every person owning or controlling a kennel within the City shall within ten (10) days after commencing to keep or maintain a kennel, and each year thereafter on the anniversary date of such license, procure a kennel license from the Director. Each applicant for a kennel license shall pay a license fee in the amount established by City Council resolution. 4.28.030 Exception. Notwithstanding any other provisions of this Chapter, no facility at which veterinary medicine, veterinary dentistry or veterinary surgery is being practiced, and which has proof of current registration with the California Veterinary Medical Board pursuant to Business and Professions Code Section 4853 as it is now and as it may be amended, shall be required to obtain a kennel license. This exception applies only to the kennel license requirement described in Section 4.28.020, and does not relieve any operator of any such facility of the duty to comply with all applicable provisions of the Dublin Municipal Code. 4.28.040 Certificate required. No kennel license shall be issued without a current certificate signed by the County Health Officer first having been obtained that the kennel is operated or is to be operated in accordance with applicable law. 4.28.050 Use permit. No kennel license shall be issued without evidence of a use permit, if any is required by the zoning provisions of the Dublin Municipal Code. 4.28.060 Issuance of license. The Director shall issue kennel licenses to applicants who have met requirements of this chapter. ATTACHMENT 2 4' ~Lf 4.28.070 License tag required-When. When any dog is removed from a kennel and is kept at any place in the City other than a kennel, the owner shall obtain a license tag for the dog pursuant to City ordinance within ten (10) days after its removal from the kennel. 4.28.080 Kennel license nontransferable. No kennel license issued pursuant to this chapter is transferable. 4.28.090 Maintenance-Inspection. A. Every kennel shall be maintained in a manner satisfactory to the Director. B. Any premises licensed as a kennel pursuant to this chapter may be inspected by any City official at any reasonable hour. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _ day of , 2008. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Carolyn Parkinson, Interim City Clerk