(a) Except for animals kept on as part of a lawfully established, non-conforming use, the keeping of animals in excess of that designated in subsection 3-9(a)(9) shall be allowed only upon the issuance of a written permit by the animal control administrator. The procedure for obtaining a permit shall be as follows:
(1) Pay the amount of the permit application fee as set out in the city's fees and charges manual.
(2) The application for each such permit shall contain the following information and documentation:
a. Size of the lot where the animal reside;
b. Size of the primary enclosure and housing facility where the animals reside;
c. The breeds of the animals;
d. The number of animals;
e. Purpose of the animals (i.e., pets, breeding, training);
f. Whether the keeping of the animals will be on a temporary (30 days or less) or permanent (in excess of 30 days) basis;
g. Whether the animals will be kept primarily indoors or outside;
h. The sex of the animals and whether the animals are spayed or neutered.
(3) Upon receipt of an application, an animal control officer shall make an inspection of the subject premises. The animal control officer may solicit comments from other interested parties.
(4) If the animal control administrator determines that the animals can be kept in such number and in such manner as not to constitute a threat to the health, safety or welfare of other persons residing near the property set forth in the permit application, the animal control administrator shall issue a permit allowing the keeping of such animals in accordance with the terms of the permit.
(5) All permits shall set forth an expiration date that shall not exceed 12 months from the date of issuance and shall require the keeping of the animals at the permitted location in such numbers and in such manner as the animal control administrator shall determine is necessary in keeping with the health, safety and welfare of the animals and the general public. In addition, the permit shall require the signed consent of the permittee for inspection of the premises at reasonable times by the animal control officer.
(6) No permit issued pursuant to this section shall be a defense to any action brought pursuant to subsections 3-9(1) through (10). The animal control administrator may refuse to issue a permit, and after having issued a permit may revoke a permit upon finding any of the following:
a. Any material misstatement or misrepresentation in the application for a permit.
b. Any willful violation by the applicant or permittee of this chapter or of the Animal Welfare Act, N.C.G.S. § 19A-20 et seq.
c. Any violation of the terms and conditions of the permit issued pursuant to the terms of this chapter.
d. Any violation of federal, state or local laws that relate to animals, zoning, nuisances or condition of the property.
(7) Upon the issuance, failure to issue, or revocation of any permit under this section, the applicant may appeal to the director of animal control for a determination concerning such issuance, failure to issue or revocation; provided, however, that any such appeal must be made in writing and delivered to the director of animal control within ten days following the issuance, failure to issue or revocation from which an appeal is taken.
(8) Upon revocation or expiration of a permit or the failure to issue a permit, the animals in violation of this section must be removed from the lot within seven days.
(Ord. No. 3731, § 1, 4-28-09; Ord. No. 4234, § 1c, 9-24-13; Ord. No. 4910, § 2, 11-9-21)