(A)   Any person who owns, maintains or harbors any dogs over 3 months of age for trade, business, profit or gain must obtain a commercial dog kennel permit.
   (B)   The commercial dog kennel permit shall be valid for 12 months and will expire on the first anniversary of the permit. A renewal is required within 30 calendar days from the date of expiration, otherwise the matter will be considered delinquent, and a late fee, as established in A.J.C.C., Vol. I, Article 4-3, shall be charged. Each subsequent permit that is issued will be valid for 1 year and will expire on the respective anniversary date. The fee is established in A.J.C.C., Vol. I, Article 4-3. No commercial dog kennel permit fee shall be prorated or refunded, nor shall the permit be transferable.
   (C)   All zoning requirements established by the city for commercial business shall be met before a commercial dog kennel permit can be issued. The owner/manager of any commercial dog kennel shall obtain and have on display a valid city license as required by A.J.C.C., Vol. I, Chapter 8, Business, Article 8-1, General Business and Licensing Provisions.
   (D)   It shall be the duty of the owner of the kennel to pay the applicable kennel fee on or before the date of establishing a kennel in the city. The kennel fee shall be paid to the Animal Control Division of the Police Department.
   (E)   The permittee shall operate the kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel. The kennel and grounds shall be maintained in a sanitary condition.
   (F)   The permittee shall retain the name, address and telephone number of the owner of each boarded dog, and the license number of each dog. This register must be exhibited to any Enforcement Officer upon demand. The permittee shall also have on file proof of rabies vaccination for each dog housed on the premises.
   (G)   The permittee shall retain the name and address of each person selling, trading or giving any dog to the kennel.
   (H)   The permittee shall provide an isolation ward for sick or injured dogs, so as not to endanger the health of other dogs or cause exposure to further injury.
   (I)   The permittee shall notify the owner of a boarded dog when it refuses to eat or drink, or when it is injured or becomes weak or ill.
   (J)   Any violations of this chapter and Vol. I, Chapter 8, shall be cause to revoke any commercial dog kennel permit. The permit may be revoked by the Public Safety Director after notice and hearing. The notice, hearing and appeal procedures shall be handled in the manner set forth below in § 6-1-7(L).
   (K)   The Animal Control Division shall, within 30 calendar days before the annual renewal date for the commercial dog kennel permit, inspect the premises to confirm compliance with provisions of this chapter. In no event shall a renewal be issued unless the inspection is made and all non-compliant matters are corrected before the annual renewal date. The Public Safety Director may cause random inspections anytime it is deemed necessary from 8:00 a.m. to 5:00 p.m., Monday through Friday, without notice to the kennel proprietor.
   (L)   Notice, hearing and appeal procedure:
      (1)   To suspend or revoke a permit, the Animal Control Division shall deliver or mail by certified mail to the business address as shown by the permit application, a written notice that the permit is suspended or revoked. The reason for the suspension or revocation shall be set forth in the notice. The notice shall also contain the permittee’s rights and procedures to appeal the suspension or revocation. A suspended or revoked permit shall be surrendered to the Animal Control Division on demand.
      (2)   The Animal Control Division shall grant on demand to any permittee whose permit has been revoked or suspended a full hearing on the merits of the suspension or revocation. Appeal of the Animal Control Division’s action to a hearing officer appointed by the Public Safety Director, pursuant to division (L)(3) of this section, shall not be had prior to the hearing. Demand for hearing shall be made within 10 working days of receipt of the Animal Control Division’s notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver. After considering evidence presented at the hearing, the Animal Control Division shall make a decision to uphold or repeal the permit suspension or revocation; and shall deliver or mail by certified mail, to the business address as shown on the permit application, the results of the decision.
      (3)   Any person aggrieved by the Animal Control Division’s decision pursuant to division (L)(2) of this section shall have the right of appeal to the designated hearing officer. The appeal shall be filed with the Public Safety Director within 14 working days after receipt of the Animal Control Division’s decision. The appeal shall contain a written statement setting forth fully the grounds for the appeal. The hearing officer shall set a time and place for a hearing on the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation. The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law.
      (4)   No person may reapply for any permit after denial, revocation or non-renewal of the permit unless the cause for the denial, revocation or non-renewal has been removed or corrected.
   (M)   A commercial dog kennel permit shall not be issued or renewed to any person who has been convicted of a violation of A.R.S. §§ 13-2910 (cruelty to animals) or 13-2910.01 (dog fighting), or any other state, county, or municipal animal welfare law, except civil violations of leash laws.
(Ord, 1465, passed 12-4-2018)