5-1.06   Kennels; Requirements; Fees; Regulations.
   a.   Upon application to the City of Bowling Green Finance Department, a kennel license may be issued, which shall be in lieu of the separate registration, license or permit of individual dogs or cats. Kennel licenses shall be given only if it is demonstrated to the satisfaction of the Animal Control Officer that the facility where the dogs or cats are to be kept is adequate for such animals. All kennels must comply with applicable zoning regulations, occupational license fees and requirements, health regulations and the operating standards of this Section.
   b.   All kennels within the City shall be operated in compliance with the following minimum facilities and operating standards:
      1.   Veterinary care shall be provided for all dogs and cats to maintain good health and general welfare and to prevent suffering.
      2.   All dogs, cats and ferrets shall at a minimum have current rabies vaccinations.
      3.   Unless otherwise required by a licensed veterinarian, each dog and cat shall have sufficient space to sit, stand, lie and turn in a normal manner without touching the sides or tops of cages or enclosures and otherwise have freedom of movement.
      4.   All dogs and cats shall be provided with housing facilities which meet the requirements of this Section and which may consist of an indoor, outdoor or sheltered housing facility, or any combination thereof.
         (a)   Housing facilities must be kept in good repair, and they must protect the dogs and cats from injury, contain them securely and restrict other animals from entering.
         (b)   The surfaces of housing facilities, including houses, dens and other furniture-type fixtures and objects within the facility must be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled. Interior surfaces and any surfaces that come in contact with dogs and cats must:
            (1)   Be free of excessive rust that prevents the required cleaning and sanitization, or that affects the structural strength of the surface; and,
            (2)   Be free of jagged edges or sharp points that might injure the dogs and cats.
         (c)   Indoor housing facilities must provide adequate protection against weather extremes and must comply with the following requirements:
            (1)   Surfaces, floors, walls, roofs of structures and runs must be of impervious material. Floors must be metal, fiberglass, concrete or covered throughout with a minimum depth of three (3”) inches of gravel;
            (2)   The ambient temperature must not fall below 45 degrees Fahrenheit, or a generally accepted temperature level for the particular species of animal, for more than four (4) consecutive hours and must not rise above 85 degrees Fahrenheit, or a generally accepted temperature level for the particular species of animal, for more than four (4) consecutive hours when dogs and cats are present;
            (3)   Be sufficiently ventilated when dogs or cats are present to provide for their health and well-being and to minimize odors, drafts, ammonia levels and moisture condensation. Ventilation must be provided by windows, vents, fans, air conditioning or other generally accepted system for the particular species of animal. Auxiliary ventilation, such as fans, blowers or air conditioning must be provided when the ambient temperature is 85 degrees Fahrenheit or higher; and,
            (4)   Be lighted well enough to permit routine inspection and cleaning of the facility, and observation of the dogs or cats. Dog or cat areas must be provided a regular diurnal lighting cycle of either natural and/or artificial light, and lighting must be uniformly diffused throughout the facility for the well being of the dogs or cats. Lighting by either natural and/or artificial means shall provide a minimum sixty (60) watts of candle power for at least eight (8) hours each day, unless such lighting will adversely affect the health of the dog or cat. Primary enclosures within indoor housing facilities must be placed so as to protect the dogs or cats from excessive light.
         (d)   A sheltered housing facility may consist of runs or pens totally enclosed in a barn or building, or of connecting outside runs or pens with inside pens in a totally enclosed building and must comply with the following requirements:
            (1)   Dogs or cats kept in sheltered housing facilities must be provided with adequate shelter from the elements at all times to protect their health and well-being; and,
            (2)   The following areas in sheltered housing facilities must be impervious to moisture:
               (i)   Outdoor floor areas in contact with the dogs or cats when the floor areas are not exposed to the direct sun or are made of a hard material such as wire, wood, metal or concrete; and,
               (ii)   All walls, boxes, houses, dens and other surfaces in contact with the dogs or cats.
         (e)   An outdoor housing facility must include one (1) or more shelter structures that are accessible to each dog or cat. In addition, one (1) or more separate outside areas of shade must be provided large enough to contain all the dogs or cats at one time and protect them from the direct rays of the sun. Shelters in outdoor housing facilities must contain a roof, four sides and a floor, and must provide the dogs or cats adequate protection and shelter from the cold and heat, and from the direct effect of wind, rain or snow. Building surfaces which come into contact with dogs or cats in outdoor housing facilities must be impervious to moisture. Metal barrels, cars, refrigerators or freezers and the like are not permitted for use as shelter structures.
         (f)   A primary enclosure must be constructed and maintained to meet the following minimum requirements:
            (1)   Be designed and constructed of suitable materials so that they are structurally sound and be maintained in good repair;
            (2)   Protect the dogs or cats from injury;
            (3)   Contain the dogs or cats securely and keep other animals from entering the enclosure;
            (4)   Enable the dogs or cats to remain dry and clean;
            (5)   Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to all the dogs or cats;
            (6)   Provide sufficient shade to shelter all the dogs or cats housed in the primary enclosure at one time;
            (7)   Provide all the dogs or cats with easy and convenient access to clean food and water;
            (8)   Enable all surfaces in contact with the dogs or cats to be readily cleaned and sanitized, or be replaceable when worn or soiled;
            (9)   Have floors that are constructed in a manner that protects the dogs’ or cats’ feet and legs from injury, and if mesh or slatted construction, do not allow the dogs’ or cats’ feet to pass through any openings in the floor. If the floor of the primary enclosure is constructed of wire, a solid resting surface or surfaces that are large enough to hold all the occupants of the primary enclosure at the same time comfortably must be provided;
            (10)   Provide each female with nursing litters an additional amount of floor space, based on her breed, species and behavioral characteristics, accordance with generally accepted husbandry practices as determined by a licensed veterinarian; and,
            (11)   Dogs or cats that are housed in the same primary enclosure must be compatible as determined by observation with the following restrictions:
               (i)   Not more than ten (10) dogs or cats may be housed in the same primary enclosure;
               (ii)   Females in heat (estrus) may not be housed in the same primary enclosure with sexually mature males, except for breeding purposes;
               (iii)   Any dog or cat exhibiting or known to have a vicious or overly aggressive disposition must be housed separately;
               (iv)   Litters may not be housed in the same primary enclosure with dogs or cats, other than their dams or foster dams, except when permanently maintained in breeding colonies;
               (v)   Such housing must not adversely affect the health or the well-being of the dog or cat in the opinion of a licensed veterinarian; and,
               (vi)   Dogs or cats that have or are suspected of having a contagious disease must be isolated from healthy dogs or cats in the colony. When an entire group or room of dogs or cats is known to have or believed to be exposed to an infectious agent, the group may be kept intact during the process of diagnosis, treatment and control.
         (g)   When dogs are kept on tethers, the tether must be attached to the front of the dog’s shelter structure or to a post in front of the shelter structure and must be at least three times the length of the dog, as measured from the tip of its nose to the base of its tail. The tether must allow the dog convenient access to the shelter structure and to food and water containers. The tether must be of the type and strength commonly used for the size dog involved and must be attached to the dog by a well-fitted collar or harness that will not cause trauma or injury to the dog. Collars or harnesses made from the following materials are prohibited: metal, wire, flat chains, chains, chains with sharp edges or chains with rusty or non-uniform links. The tether must be attached so that the dog cannot become entangled with other objects or come into physical contact with other dogs in the outside housing facility and so the dog can roam to the full range of the tether.
      5.   Kennel owners and operators must develop, document and follow an appropriate plan to provide dogs or cats with the opportunity to exercise.
      6.   Feeding and watering:
         (a)   Dogs and cats must be fed at least once each day, except as otherwise might be required to provide adequate veterinary care. The food must be uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the dog or cat. The diet must be appropriate for the individual dog’s or cat’s age and condition;
         (b)   Food receptacles must be used for dogs or cats, be readily accessible to all dogs or cats, be located so as to minimize contamination by excreta and pests and be protected from rain and snow. Feeding pans must either be made of a durable material that can be easily cleaned and sanitized or be disposable; and,
         (c)   If potable water is not continually available to the dogs or cats, it must be offered to the dogs or cats as often as necessary to ensure their health and well-being, but not less than twice daily for at least one (1) hour each time, unless restricted by a licensed veterinarian. Water receptacles must be kept clean and sanitized.
      7.   Excreta and food waste must be removed from primary enclosures daily and from under primary enclosures as often as necessary to prevent an accumulation of feces and food waste, to prevent soiling of the dogs or cats contained in the primary enclosures and to reduce disease hazards, insects, pests and odors.
   c.   The annual fee for a kennel license shall be seventy-five ($75.00) dollars and shall cover the costs for inspection and the issuance of dog or cat registration tags from the Humane Society equal to the number of authorized dogs or cats to be kept in the kennel, and shall cover the period from July 1 through June 30 or part thereof each fiscal year. The license shall be due and payable to the City of Bowling Green on the first day of July of each year, or on the first day of the month following acquisition of the kennel, and shall be paid not later than thirty (30) days thereafter. If the license fee is not paid at the time herein provided, a penalty of ten ($10.00) dollars per month shall be added.
   d.   Kennel licenses herein authorized may be revoked or suspended by the Code Enforcement Board for cause at any time. Any person whose kennel license has been revoked may not apply for a kennel license for a period of not less than one (1) year.
   e.   Kennels shall not include the occasional sale of a single dog or cat, or a single litter of puppies or kittens.
   f.   All applicable zoning regulations of the City-County Planning Commission and other state or federal regulations regarding the operation and location of kennels shall apply.
(Ord. BG80-63, S6-46, 7/15/80; Ord. BG84-70, 1/8/85; Ord. BG90-51, 9/18/90; Ord. BG2006-5, 3/7/2006; Ord. BG2021-14, 5/4/2021)