§ 94.35 KENNEL PERMITS.
   (A)   Kennel permits required. No person shall operate a general kennel or non-commercial kennel without first obtaining a permit from the Clerk-Treasurer in accordance with this chapter.
   (B)   Obtaining non-commercial kennel permits. Applications for non-commercial kennel permits shall be made to the Clerk-Treasurer.
      (1)   The application for a non-commercial kennel permit shall include:
         (a)   The name, address, and telephone number of the applicant;
         (b)   The description (species, breed, sex, age, and coloration) of and proof of rabies vaccination for each animal to be housed in the kennel; and
         (c)   A statement as to whether the applicant has ever been convicted of the offense of cruelty to animals.
      (2)   If the applicant withholds or falsifies any information on the application, no permit shall be issued and any permit previously issued on false or withheld information shall be revoked.
      (3)   No person previously convicted of cruelty to animals shall be issued a kennel permit without prior review by the Town Council.
   (C)   Obtaining general kennel permits. Applications for general kennel permits shall be made to the Clerk-Treasurer.
      (1)   The application for a general kennel permit shall include:
         (a)   The name, address, and telephone number of the applicant;
         (b)   A statement as to whether the applicant has ever been convicted of the offense of cruelty to animals; and
         (c)   A statement of the total capacity of the kennels used for the purposes of Class B, Class C, and Class D general kennel permits.
      (2)   Applications for Class A general kennel permits must include the description (species, breed, sex, age, and coloration) of each animal to be housed in the kennel.
      (3)   If the applicant withholds or falsifies any information on the application, no permit shall be issued and any permit previously issued on false or withheld information shall be revoked.
      (4)   No person previously convicted of cruelty to animals shall be issued a kennel permit without prior review by the Town Council.
   (D)   Inspection. It shall be a condition to the issuance of any permit required by this chapter that:
      (1)   The animal control officers of the town and/or their designees shall be permitted to inspect the structure and/or premises wherein a kennel or colony is maintained (or believed to be maintained) and all animals located thereon where such animals are harbored.
      (2)   All reports of such inspections shall be in writing and maintained by the animal control officer.
      (3)   The animal control officers, and/or their designees, are authorized to enter the structure or premises wherein a kennel or colony is maintained (or believed to be maintained) at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures.
      (4)   If the owner or those in possession of a structure or premises wherein a kennel or colony is maintained (or believed to be maintained) refuse inspection of said kennel or colony, the animal control officers and/or their designees may obtain an inspection warrant from any court of record in the county in which the kennel or colony is located in order to determine if the kennel or colony is maintained in accordance with this chapter.
   (E)   Standards for non-commercial kennels. All non-commercial kennels shall:
      (1)   Operate in such a manner as to not constitute a public nuisance; and
      (2)   Comply with all of the provisions of this code which provide standards for the general care of animals.
   (F)   Standards for general kennels. All general kennels shall:
      (1)   Operate in such a manner as to not constitute a public nuisance;
      (2)   Comply with all of the provisions of this code which provide for the general care of animals;
      (3)   Provide an isolation area for animals which are sick or diseased to be sufficiently removed so as to not endanger the health and well-being of other animals;
      (4)   Keep all animals caged within a secure enclosure or under the control of the owner/guardian or representative of the kennel at all times;
      (5)   Provide each animal sufficient space to stand up, lie down, and turn around in a natural position without touching the sides or top of the enclosure; and
      (6)   Provide individual kennels for each animal being harbored for any portion of a 24-hour period, with the exception of yard or other play areas used for the purpose of dog daycare. Kennels intended for single occupancy shall not house more than one animal, with the exception of animals that are normally housed together in a home.
   (G)   Kennel permit periods.
      (1)   Non-commercial kennel permits shall be valid for a period of one year from the date of issuance. An application must be made within ten days of the creation of a kennel.
      (2)   General kennel permits shall be valid for one year beginning January 1 of each year. Applicants requiring a general kennel permit during the year shall pay a prorated fee for the remaining portion of the current year. An application must be made prior to the creation of a kennel.
   (H)   Fees.
      (1)   The fee for non-commercial kennel permits shall be:
         (a)   More than four altered dogs: $25;
         (b)   More than six altered cats: $25;
         (c)   More than a total of ten altered dogs and cats combined: $25;
         (d)   More than a total of 14 altered dogs and cats combined: $50; and
         (e)   Additional altered dogs and cats combined in increments of four: $50, plus $25 per additional increment.
      (2)   The fee for general kennel permits shall be:
         (a)   Class A, owning:
            1.   Five to eight animals: $100;
            2.   Nine to 12 animals: $150; and
            3.   Additional animals in increments of four: $150, plus $50 per additional increment.
         (b)   Class B, boarding:
            1.   One to 25 kennels: $100;
            2.   Twenty-six to 50 kennels: $250; and
            3.   Additional kennels in increments of 25: $250, plus $200 per additional increment.
         (c)   Class C, training: $75; and
         (d)   Class D, grooming: $50.
      (3)   No fee shall be required of any veterinary hospital or town animal shelter, research laboratory, or government operated zoological park.
      (4)   Persons whose establishments operate under more than one class as defined by this chapter shall be required to apply for a permit for each applicable class.
   (I)   Reclassification. Any person or business who has a change in class under which the commercial and/or noncommercial kennel permit was issued shall report the change to the Clerk-Treasurer and apply for a new permit within 30 days of any such change.
(Ord. 2015-1, passed 2-2-2015)