A. License Required: It shall be unlawful to keep, maintain, harbor or possess upon the premises of any one household more than four (4) dogs, or five (5) cats or combination of four (4) such animals, unless the owner or person in charge first procures a noncommercial kennel license as provided by this chapter. The maximum number of dogs, cats or combination of both allowable under a noncommercial kennel license is ten (10) animals in total.
B. License Application: The owner or person in charge of the household premises shall apply for a noncommercial kennel license from the City Clerk.
C. General Standards: The general standards and requirements for noncommercial kennel license applications pursuant to this chapter are as follow:
1. All noncommercial kennel license applications and renewals shall be made in the form and manner prescribed by the City Clerk.
2. An application shall state the name and address of the owner, where the noncommercial kennel is to be located, and the number of dogs or cats.
3. An application shall be accompanied by the written consent to such noncommercial kennel of at least seventy-five percent (75%) of all the persons in possession of premises within a radius of one hundred feet (100') of the premises upon which the noncommercial kennel is to be maintained.
4. Proof of spay or neuter shall be submitted with the application for each for every animal a license is sought, unless the animal is licensed as an unneutered animal.
5. Proof of current City dog licenses for each dog over the age of sixteen (16) weeks that would be part of the applicant's noncommercial kennel shall be submitted with the application.
6. Every application shall be accompanied by a nonrefundable license fee in an amount established by the City Council and listed on the City's most current Fines and Fees Schedule.
7. Every application containing untrue or misleading information may be denied without refund of the application fees or consideration.
8. Every applicant and licensee has an ongoing affirmative duty to notify the City Clerk in writing whenever additions are made to the number of dogs or cats for which a noncommercial kennel license has been issued. Within three (3) days of such additions, the applicant or licensee shall report to the City Clerk's Office in person and pay the required license fee, provided, however, that puppies or kittens shall not be counted in computing the license fee until such animals are four (4) months old.
9. Every applicant and licensee has an ongoing affirmative duty to notify the City Clerk in writing of any change of address within thirty (30) calendar days of moving.
D. Obtaining Neighbors' Written Approval: Applicants have two (2) methods by which they can seek the necessary seventy-five percent (75%) neighbor required for licensing. The license fee amount shall be based on the method the applicant selects.
1. Door-to-Door Method: The applicant shall request a map showing the one-hundred-foot (100') radius perimeter from the premises of the proposed noncommercial kennel location, and a signature collection form. It is the applicant's responsibility to obtain the necessary written signatures of the homeowner's or renters within the required radius. All signing parties must be at least eighteen (18) years of age, and all collected information and signatures must be legible. Signatures that cannot be verified by the City Clerk may be rejected.
2. City Mailer Method: The applicant shall request that the City Clerk draft and send proposed noncommercial kennel mailers to applicant's neighbors within the required radius. The mailers shall include the address and a description of the proposed noncommercial kennel, and a request for response whether that household supports or opposes such noncommercial kennel within a certain time frame. City will manage and verify the responses.
E. Referral To Health Department: The application shall be submitted in duplicate and one duplicate thereof shall be referred to the Central District Health Department by the City Clerk. Within five (5) business days of receipt of the application duplicate, the Central District Health Department shall make its report of whether or not the location and operation of the applicant's proposed noncommercial kennel complies with health regulations. In the event that the Central District Health Department report denies approval of the location or operation of the proposed noncommercial kennel, then no license shall be issued by the City.
F. Nontransferable; Term: All noncommercial kennel licenses shall not be transferable and shall expire December 31 of the year in which issued.
G. Zoning Regulations Applicable: The issuance of a noncommercial kennel license shall not obviate any of the provisions of this chapter or be deemed to vary or alter any of the zoning regulations of the City.
H. Renewal: Noncommercial kennel licenses may be renewed upon expiration by filing an application and paying required fee. Renewal applications shall only require proof of seventy-five percent (75%) neighborhood approval of the noncommercial kennel upon the additional cats or dogs being kept under the license, or on every fifth year of license renewal. Any lapse in annual licensing shall require proof of seventy-five percent (75%) neighborhood approval.
I. Suspension Or Revocation: Any licensee who violates any provision of this chapter or any statute or ordinance regarding the operation of the noncommercial kennel, fails to comply with any of the conditions under which any license shall be issued shall be subject to have such license suspended or revoked. The procedure for license revocation shall follow the procedure set forth in title 3, chapter 1, article A of this Code.
J. Inspections: The City Clerk shall inspect, or cause to be inspected, every noncommercial kennel facility for which licenses under this chapter have been issued as often as it may be necessary for the adequate control and supervision of such facilities. The City Clerk, or designee, shall have the right to enter all such facilities at any reasonable time for the purpose of making necessary investigations and inspections, and shall be charged with the responsibility of enforcing and administering the provisions of this section. (Ord. 20-21, 5-11-2021)