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This section applies to all dog facilities maintained in the County whether such facilities are denominated as kennels, holding facilities, shelters, or otherwise in this Dog Control Ordinance, and whether privately or publicly owned, if the facility houses three or more fertile dogs or five or more spayed or neutered dogs, or any combination thereof. However, this section does not apply to municipal holding facilities owned and operated by municipal corporations in the County unless the municipality consents to the application of this Dog Control Ordinance by the execution of an intergovernmental agreement as provided for in § 91.055.
(County Ord. 692, passed 7-12-2001)
No person shall operate a commercial or noncommercial dog kennel, as specified in § 91.121, without first obtaining an annual license from the County for each kennel operated. Fees required for commercial and noncommercial kennels shall be established by Board order. A temporary six-month permit issued at 50% of the cost for regular license fees may be available for facilities provided rabies certificates for all animals are produced for inspection by the Sheriff.
(County Ord. 692, passed 7-12-2001) Penalty, see § 91.999
(A) A non-commercial kennel is a facility in or adjacent to a private residence where a minimum of three and a maximum of ten small or medium dogs of licensable age, or a maximum of five large dogs of licensable age are kept for the hobby of the householder, used for hunting, herding, exhibition in shows, field or obedience trials, or for the guarding and protection of property. The sale to individuals of no more than 15 dogs per calendar year which were born and raised on the premises, or the occasional housing of adult dogs for propagation purposes shall not in itself make a kennel “commercial.”
(B) A COMMERCIAL KENNEL is a facility intended to be operated as a business, where boarding, grooming, or training services for dogs are performed to realize a profit, or where dogs are bred or kept for the purpose of sale or resale to dealers, brokers, pet shops, kennels, or individuals.
(C) The Sheriff shall determine whether a kennel is commercial or non-commercial and assess fees accordingly. Appeal from the Sheriff’s determination shall be to the Board of Commissioners as provided in § 91.129.
(D) The County’s Department of Planning shall forward copies of any kennel or dog training facility land use applications to the Sheriff’s office dog control unit for review.
(County Ord. 692, passed 7-12-2001)
Upon receipt of an application for a dog kennel license or land use application from the Planning Department, the Sheriff shall inspect the facility and, upon determination that the facility and its operation complies with all applicable provisions of this Dog Control Ordinance and other applicable state and federal laws, shall issue a license. The Sheriff shall approve or deny an application made under this Dog Control Ordinance within 120 days of its receipt and the payment of the applicable fees, or the application shall be deemed approved for the current year, subject only to revocation as provided in this Dog Control Ordinance.
(County Ord. 692, passed 7-12-2001)
A license granted under this section shall be conspicuously displayed on the dog kennel facility premises. A holder of the license shall keep available for inspection by the Sheriff:
(A) The name, address and telephone number of the owner of each dog kept at the facility;
(B) The date the dog was received;
(C) A description of each dog including age, sex, breed, and color;
(D) The animal’s veterinarian, if known; and
(E) A record of the inoculation by a veterinarian of each animal kept in the kennel for rabies, using a modified live virus vaccine as required by state law.
(County Ord. 692, passed 7-12-2001) Penalty, see § 91.999
After payment of fees and inspection, the Sheriff shall issue a kennel license to a facility that meets the following criteria:
(A) Housing structure shall be sound and maintained in good repair to protect dogs from injury, to confine them safely, and to prevent entry of other animals;
(B) Reliable and adequate electrical service and a potable water supply shall serve the facility;
(C) Storage of food supplies and bedding materials shall be designed to prevent vermin infestation and infection;
(D) Refrigeration shall be furnished for perishable foods;
(E) Safe and sanitary disposal facilities shall be available to eliminate animal and food waste, used bedding, dead animals and debris, and to minimize vermin infestation, odors, and disease hazards;
(F) Cleanliness facilities shall be available to animal caretakers and handlers;
(G) In enclosed structures, the interior ambient temperatures shall be maintained above 50°F for dogs not acclimatized to lower temperatures;
(H) In enclosed structures, adequate ventilation shall be maintained to assure animal comfort by such means as will provide sufficient fresh air and will minimize drafts, odors, and moisture condensation. Mechanical ventilation must be available when ambient temperatures exceed 85°F;
(I) Interior areas shall have adequate natural or artificial lighting and primary enclosures for dogs shall be protected from excessive illumination;
(J) Interior building surfaces shall be constructed and maintained to prevent moisture penetration;
(K) Drainage facilities shall be available to assure rapid elimination of excess water from indoor housing facilities. The design shall assure obstruction-free flow and traps to prevent sewage backflow;
(L) Outdoor facilities shall provide protective shading and an adequate shelter area designed to minimize harmful exposure to weather conditions for those animals not acclimatized to the environment;
(M) The primary enclosure shall be of sufficient size to permit each dog housed in the facility to stand freely, sit, turn about, and lie in a comfortable, normal position. No more than 12 dogs may be housed in the same primary enclosure. Each dog housed in a primary enclosure shall be provided a minimum floor space equal to the mathematical square of the dog’s length, as measured from the tip of its nose to the base of its tail, plus six inches. An exercise area or means to provide each dog with exercise shall be provided on the premises;
(N) When restraining devices are used in connection with a primary enclosure intended to permit movement outside the enclosure, such devices shall be installed so as to prevent entanglement with the devices of other dogs or objects and shall be fitted to the dog by a harness or well-fitted collar, other than a choke-type collar, and shall not be shorter than three times the length of the dog as measured from the tip of its nose to the base of its tail;
(O) Dogs shall be fed at least once daily with a diet of nutritionally adequate and uncontaminated food;
(P) Potable water shall be continuously available unless otherwise recommended by a veterinarian in a particular situation;
(Q) Cages, rooms, hard surface pens, runs, and food and water in receptacles shall be sanitized to prevent disease, not less than once every two weeks, by washing with hot water and soap or detergent; by washing with a combination disinfectant and cleanser; by washing with a safe detergent followed by a safe, effective disinfectant; or by cleaning with steam. Prior to the introduction of dogs into empty enclosures previously occupied, the enclosures shall be sanitized. Dogs shall be removed from the enclosure during the cleaning process and adequate care shall be taken to protect the animals in other enclosures; and
(R) Excrement shall be removed from primary enclosures as often as necessary to prevent contamination, reduce disease hazards, and minimize odors.
(County Ord. 692, passed 7-12-2001) Penalty, see § 91.999
A dog kennel license required under this section may be denied or revoked for any of the following reasons:
(A) Failure to comply substantially with any provision of this Dog Control Ordinance;
(B) Conviction of the owner or any person subject to his or her direction or control for the violation of any provision of this Dog Control Ordinance or other applicable state or federal law, rule, order, or regulation pertaining to any activity relating to animals; or
(C) Furnishing false information on the application for a license under this Dog Control Ordinance.
(County Ord. 692, passed 7-12-2001)
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