§ 91.008  EXCEPTION TO RESTRICTIONS ON THE NUMBER OF DOGS AND CATS.
   (A)   The owner of a dog or cat may retain the puppies born of the dog or kittens born of the cat exceeding the permissible number set forth in § 91.007 for 12 weeks after birth of the animals. If after that time there are more than three dogs or three cats in the residence or on the property of the owner, it will be deemed a violation of this subchapter.
   (B)   Any person who lawfully owned more than three dogs or three cats prior to the enactment of this subchapter may retain his or her animals, provided he or she retains a special permit from the Town Clerk-Treasurer. The special permit shall be for a term of one year and no renewal shall be issued without a subsequent inspection by the Town Marshal. A special permit shall be issued after an inspection if it is determined by the inspector that:
      (1)   The dogs or cats in the owner's possession are not creating a nuisance;
      (2)   There is adequate waste disposal; and
      (3)   There is no hazard to public safety, health or welfare.
   (C)   Any owner of a dog or cat who wishes to own more than three dogs or more than three cats, must obtain a kennel license from the Town Council. The license shall be provided on an annual basis to the owner of dogs or cats after an inspection and approval by the Town Marshal and determination that:
      (1)   The kennel shall be maintained in a clean and sanitary condition, devoid of rodents, vermin and objectionable odors;
      (2)   The interior walls, ceilings, floors, partitions and appurtenances of all structures shall be painted annually or more often if the Town Marshal finds that more frequent painting is necessary;
      (3)   The kennel is not a health hazard or a nuisance;
      (4)   The kennel complies with all applicable zoning laws; and
      (5)   The kennel is not a hazard to the public safety or general welfare.
   (D)   The Town Marshal upon complaint of any individual shall inspect the kennel and issue any order as may be necessary in order to carry out the provisions of this section.
(Ord. 1996-1, passed 7-22-1996)