(A)   Personal dog kennel permits.
      (1)   Class 1 permit. A Class 1 permit for a personal dog kennel shall be required for any person who owns, maintains or harbors from 4 to 5 dogs over 3 months of age.
      (2)   Class 2 permit. A Class 2 permit for a personal dog kennel shall be required for any person who owns, maintains or harbors from 6 to 8 dogs over 3 months of age.
      (3)   Any person who owns, maintains or harbors 3 or less dogs over 3 months of age is not required to obtain a personal dog kennel permit.
      (4)   The provisions of Code of Federal Regulations, Title 9, Volume I, § 3.6, relating to animal floor space, shall be considered when granting the above-noted permits.
      (5)   The permit provisions do not apply to emergency situations where a person or nonprofit entity boards dogs, subject to the following conditions:
         (a)   The person boarding dogs will submit a sworn and notarized statement that they are caring for the dogs for a maximum of 30 calendar days per dog.
         (b)   This statement shall contain the name, address and phone number of the individual or organization who provided the dog to the boarder.
         (c)   No more than 2 dogs will be permitted under this emergency exception.
         (d)   The boarder will provide the Animal Control Division with the final disposition of the animal within the 30-calendar-day period for each dog noted on the original statement, as well as the name and contact information of the adopting party. Extensions of the 30-day time limit may be permitted at the discretion of the Animal Control Division, but in no event shall the extension exceed 6 months per animal.
         (e)   The goal of this emergency exception is to protect the animals that are in foster care rather than to punish law-abiding pet owners.
      (6)   Any service animal, as defined under applicable Arizona law, including but not limited to, A.R.S. §§ 9-500.32, 11-1024, and 13-2910, is not to be counted toward the maximum allowed dogs under this section, and no license fees shall be applied for these animals pursuant to A.R.S. § 9-500.32, nor any search and rescue dog as set forth in A.R.S. § 9-500.32.
   (B)   Each personal dog kennel permit shall be valid for 12 consecutive months and expire on the first anniversary of the permit, and shall become delinquent 30 calendar days from the date of expiration. Each subsequent permit issued will be valid for a 1-year period and expire on the respective anniversary date. The fee is established in A.J.C.C., Vol. I, Article 4-3. A late fee shall be charged on all delinquent personal dog kennel permits, as established by A.J.C.C., Vol. I, Article 4-3. No personal dog kennel permit shall be prorated or refunded, nor shall the permit be transferable.
   (C)   All dogs covered by a personal dog kennel permit shall be vaccinated, licensed and spayed or neutered. A dog owner may apply for a waiver of the spay or neuter requirement as long as they obtain a veterinarian’s written opinion that such surgery would endanger the safety of the dog, or a certification from a veterinarian determining that the other dogs owned by the owner or those maintained or harbored at the same address are spayed and/or neutered. At the discretion of the Animal Control Division and upon documented proof, the spaying and neutering requirement shall not apply to American Kennel Club or Canadian Kennel Club dogs.
   (D)   At no time shall dogs covered under this section be used for trade, business, profit or gain. There shall be no boarding or breeding of dogs covered by this permit. All dogs shall be the exclusive property of the permittee.
   (E)   The permittee shall operate the personal dog 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. The property covered by this permit shall be surrounded by a fence of sufficient height and strength to confine the dogs. Sufficient height and strength will be determined by an Enforcement Officer, based on the size of the dog being confined.
   (F)   Any violations of this chapter and A.J.C.C., Vol. I, Chapter 8 shall be cause to revoke any commercial dog kennel permit. The permit may be revoked by the Public Safety Department Director after notice and hearing. The notice, hearing and appeal procedures shall be handled in the same manner set forth below in § 6-1-8(G).
   (G)   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 the 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 (G)(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 (G)(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 fully setting forth 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.
   (H)   Any dogs over the allotted number allowed will be surrendered, either to the Animal Control Division or to new homes found by the owner, within a 36-hour period after the discovery of the excess number of dogs by Enforcement Officers. The holder of a personal dog kennel permit shall not be bound by the same requirements governing a commercial dog kennel permit.
   (I)   The Animal Control Division shall, within 30 calendar days before the annual renewal date for the personal 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.
   (J)   A personal dog kennel permit shall not be issued 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)