§ 6. ANIMAL ESTABLISHMENTS

A.

KENNELS

1.

Location.

a.

It shall be unlawful for any person to maintain or construct a kennel within five hundred (500') of any dwelling, school, church, hospital, nursing home or day care and within five hundred (500') from any residential property line except that the owner or operator of such kennel may maintain a residence within the distance limitation.

b.

Existing kennels operating legally at the time of the passage of this section are exempt from the distance limitation. Once a kennel ceases to operate continuously for ninety (90) days or more, it shall be subject to all the requirements of the section and the Santa Fe Zoning Ordinance.

c.

Exception:

Kennels meeting at least the minimum standards of the Zoning Ordinance Article 5.10.02 Qualifications for separation reduction for kennels, boarding, indoor use or veterinary and animal clinic use.

2.

Additional Requirements.

a.

The regulation of the Galveston County Health District pertaining to the permitting of kennels are hereby adopted. No person may construct or operate a kennel without having first obtained a permit from the health district.

b.

In no event shall such kennel create a nuisance because of noise, smell, or any other reason.

c.

Any person conducting, managing, owning, or maintaining an animal establishment must have a valid, neither suspended nor revoked, permit for said establishment.

B.

FEES

Any person in the city conducting, managing, owning, or maintaining an animal establishment shall obtain a permit to do so from the animal control officer and pay a permit fee as follows:

1.

For each kennel authorized to house less than ten (10) dogs or cats ..... $50.00

2.

For each kennel authorized to house ten (10) to twenty-five (25) dogs or cats ..... 60.00

3.

For each kennel authorized to house over twenty-five (25) dogs or cats ..... 80.00

4.

For each pet shop ..... 80.00

5.

For each riding stable ..... 80.00

6.

For each auction ..... 80.00

7.

For each zoological park ..... 80.00

8.

For each circus ..... 80.00

9.

For each performing animal exhibition ..... 80.00

10.

For each grooming shop ..... 80.00

C.

EACH FACILITY SEPARATE

Each and every facility regulated by this chapter and listed in Section 6, Subsection B, shall be considered a separate enterprise and requires an individual permit.

1.

Location.

a.

It shall be unlawful for any person to maintain or construct a kennel within five hundred (500) feet of a dwelling, school, or church, except that the owner or operator of such kennel may maintain a residence within the distance limitation.

b.

Existing kennels operating legally at the time of the passage of this section are exempt from the distance limitation. Once a kennel ceases to operate for any length of time or changes ownership, it shall be subject to all the requirements of this section.

D.

CONSTRUCTION PLANS

All plans for construction of animal establishments shall be submitted to and approved by the regulatory authority before any building permit is issued or any construction is begun. Submission of plans and general compliance with the provisions of this chapter shall be the responsibility of the owner.

E.

SEGREGATION FROM RESIDENCE

No animal establishment shall be operated within the confines of a residential structure unless that portion used for the animal establishment can be operated separately from the dwelling with ingress and egress to the animal establishment completely independent from any portion of the building which is used for residential purposes.

F.

EXCEPTIONS

No fee may be required of any veterinary hospital, animal shelter, government-operated zoological park or institutions approved by the animal control officer for teaching or research purposes.

G.

APPLICATION FOR PERMIT

Any person desiring to construct or operate an animal establishment listed in Section 6, Subsection B, shall make written application for a permit on forms provided by the regulatory authority.

H.

PLANS INSPECTED

Prior to the approval of an application for a permit the animal control officer shall inspect the plans and specifications of the proposed establishment to determine compliance with this chapter and the "Construction Standards for Animal Establishments" adopted by the Galveston County Health District.

I.

EQUIPMENT REQUIREMENTS

All animal establishments must meet the minimum equipment and facility requirements as set by the animal control officer.

J.

VALIDATION PERIOD

The animal control officer shall issue a permit to the applicant if the animal control officer's final inspection establishment complies with the "Construction Standards for Animal Establishments" adopted by the Galveston County Health District. Each permit issued under the provisions of this chapter shall be valid for a period beginning January 1 and, regardless of date issued, will expire December 31.

K.

INSPECTIONS

It shall be a condition of the issuance of any permit or license that the animal control officer shall be permitted to inspect all animals and the premises where the animals are kept at any time and shall, if permission for such inspection is refused, suspend and/or revoke the permit or license of the refusing owner and said owner will be subject to all penalties as provided in this chapter.

L.

ANIMAL CRUELTY

No person who is or has been convicted of cruelty to an animal shall be issued or allowed to hold a permit to operate an animal establishment.

M.

COLLECTION OF FEES

1.

Fees prerequisite.

All permit and license fees shall be paid to and collected by the city or its duly authorized agent or representative.

2.

Accounting.

The city or its duly authorized agent or representative shall keep a current and accurate accounting of all permit and license fees and other monies collected, the name of all persons upon whose account the same was paid, the date and amount therefor.

N.

SUSPENSION OF PERMIT

1.

Failure to comply.

The animal control officer may, without warning, prior notice or hearing suspend any animal establishment permit at any time for failure of the permit holder to keep his or her establishment and/or premises in a sanitary condition. A permit may also be suspended for serious, willful, or repeated violations of any of the requirements of this chapter or any federal, state or other local law, ordinance, or rule governing the protection and keeping of animals.

2.

Hearing request.

Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit within ten (10) days. If no written request for a hearing is filed within ten (10) days, the suspension is sustained. The animal control officer may end the suspension at any time, if reasons for suspension no longer exist.

O.

REVOCATION

1.

Failure to comply.

The animal control officer may, after providing opportunity for a hearing, revoke a permit or license for serious, willful or repeated violations of any of the requirements of this chapter or any state, federal or other local law or ordinance or for interference with the animal control officer in the performance of his duties. Two (2) or more convictions within a twelve-month period shall constitute repeated violations. The animal control officer may suspend, revoke or withhold a permit or license if the applicant withholds, falsifies or misrepresents any information on the application form.

2.

Hearing request.

Prior to revocation, the animal control officer shall notify the holder of the permit or license, or the person in charge, in writing of the reason for which the permit or license is subject to revocation and that the permit or license shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the animal control officer by the holder of the permit or license within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit or license becomes final and no part of the permit or license fee shall be refunded.

3.

Service of notice.

A notice provided for in this chapter is properly served when it is delivered to the holder of the permit or license or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit or license and regardless if the letter is or is not received by the holder of the permit or license.

P.

HEARINGS

The hearings provided for in this chapter shall be conducted by the animal control officer at a time and place designated by him. Based upon the evidence presented at such hearing, the animal control officer shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing.

Q.

DISPOSITION OF ANIMALS AFTER REVOCATION

Any person whose permit or license is revoked shall, within ten (10) days after revocation:

1.

Humanely dispose of all animals owned, kept, or harbored by such person in a manner approved by the regulatory authority;

2.

Relocate animals to areas or places approved by the regulatory authority. The animal control officer may, at his discretion, allow or disallow relocation; or

3.

Release animals to the regulatory authority and pay all costs incurred in the handling of said animals such as transporting, housing, feeding, and disposal.

R.

APPLICATION AFTER REVOCATION

Whenever a revocation has become final, the person whose permit or license has been revoked may not apply for nor receive a new permit or license for a period of one (1) year from the date of the revocation. One (1) year after the date of revocation a person may reapply for a permit or license and shall include with the application verification that all reasons and conditions which led to the revocation have been corrected. Any person reapplying for a permit under this section shall be subject to all requirements as stated in this chapter. Any person having a permit or license revoked for the second time shall not be eligible for a new permit or license.

(Ordinance No. 08-2016 of September 22, 2016, Sec. 2(Exh. A))