(A) General requirements.
(1) License required. No person shall maintain a private or commercial kennel in the city without a license.
(2) License application. Application for a kennel license shall be made on forms provided by the city. The application shall contain:
(a) A description of the property to be used; and
(b) The name(s) and address(es) of the owner(s).
(3) Application fees, license fee and license year. The application fee and license fee shall be established every year with the City Council Fee Schedule. The application fee shall be paid when the application is filed.
(4) Granting or denial of license. Prior to the issuance of a private kennel license, the applicant will provide a complete application as well as any other information that is deemed pertinent at the time of submittal.
(a) Private kennel licenses do not confer any property rights upon the licensee, and the issuance of said licenses does not ensure that future licenses will be granted.
(b) Kennel licenses will be issued for a set number of dogs and/or cats, which shall not be exceeded. Licensees who wish to add dog(s) or cat(s) shall need to reapply for a kennel license. Licensees who relocate to another area of the city shall need to reapply for a kennel license. Licenses are not assignable to other parties.
(c) The initial term for a kennel license shall be one year; subsequent licenses, if so granted, will be for a term of up to three years.
(d) Licenses authorize city staff to perform periodic, random inspections of the kennel for the purpose of determining compliance with the conditions of their license.
(B) Conditions for issuance of a private kennel license. The following conditions are mandatory for the issuance of a private kennel license:
(1) The applicant shall have no previous animal or kennel violations.
(2) Housing enclosures shall be located so as not to create a nuisance and shall not encroach upon any setback area.
(3) Dogs shall be confined to their own property by a provable means.
(4) Housing and shelter must be provided which will keep animals comfortable and protected from the elements.
(5) All accumulation of feces shall be removed at such periods as will ensure that no leaching or objectionable odors exist, and the premises shall not be allowed to become unsightly.
(6) All dogs and cats shall have access to indoor housing from the hours of 10:00 p.m. through 6:00 a.m.
(7) Regulations applicable to the site’s animal quarters.
(a) Indoor housing facilities must be structurally sound with ample heat, light and ventilation.
(b) Animals kept outside must have continual access to the shelter so as to be protected from the elements as necessary.
(c) If animals are confined by chains, such chains must be attached so as to not become entangled with chains of other animals.
(d) Individual animal enclosures must be of a size to allow each dog to turn fully around, stand, sit and lie in a comfortable condition.
(e) The temperature of indoor housing facilities shall not be less than 50 F. for dogs not accustomed to lower temperatures.
(f) Disposal facilities shall be provided to minimize virus infestation, odors and disease hazards.
(g) Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration.
(h) City staff reserves the right to issue additional conditions on a case basis in order to maintain the public repose.
(C) Conditions for a commercial kennel license.
(1) License required. No person shall maintain a commercial kennel in the city without a license.
(2) License application. Application for a commercial kennel license shall be made on forms provided by the city. The application shall contain:
(a) A description of the property to be used;
(b) The names and addresses of the owner, lessee (if any) and the operator or manager; and
(c) The names, addresses and phone numbers of those persons who will from time to time be designated as a contact person.
(3) If the application is made on behalf of a corporation or partnership, it shall be accompanied by appropriate business records showing the names and addresses for all individuals having an interest in the business and, in the case of a corporation, the names and addresses of all officers. Applicants shall furnish to the city, along with their application, documents establishing the applicants’ interest in the premises on which the business will be located. Documentation shall be in the form of a lease, a deed, a contract for deed or any other document which establishes the applicants’ interest.
(4) Application fees, license fee and license year. The application fee and license fee shall be established every year with the City Council Fee Schedule. The application fee shall be paid when the application is filed. a separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place in the licensed business at all times. Licenses shall expire on the December 31 following the issuance of the license. Applications to renew an existing license must be submitted by December 1.
(5) Granting or denial of license. Prior to issuance of a kennel license from the City Council, a hearing before the Planning Commission must be held. Notice must be given to all affected property owners within 350 feet of the parcel upon which the kennel is proposed, and published in the city’s official newspaper at least ten days before the meeting. the Planning Commission will make a recommendation to the City Council on the request.
(a) Kennel licenses will be issued for a set number of dogs and/or cats, which shall not be exceeded. Licensees who wish to add dog(s) or cat(s) shall need to reapply for a kennel license. Licensees who relocate to another area of the city shall need to reapply for a kennel license. Licenses are not assignable to other parties.
(b) The initial term for a kennel license shall be one year; subsequent licenses, if so granted, will be for a term of up to three years.
(c) Licenses authorize city staff to perform periodic, random inspections of the kennel for the purpose of determining compliance with the conditions of their license.
(6) In addition to the private kennels requirements listed above in this chapter, commercial kennels shall also operate according to the following rules and regulations:
(a) The licensed facility must at all times have a designated contact person available. The designated contact person must be available to correct and mitigate violations of this chapter whenever they occur. The licensee shall notify the city in writing of the designated contact person, along with contact information. The licensee shall notify the city in writing of any change in the contact person.
(b) Housing enclosures for dogs and cats shall be 200 feet from any neighboring residential structure used for human habitation.
(c) No commercial kennel shall be issued for a lot smaller than one acre.
(d) All dogs and cats shall be housed indoors when the commercial kennel employee(s) is/are not present at the subject property.
(e) Facility employees shall ensure that dogs are not allowed to create noise in violation of the city code. When a citizen complaint is received, facility employees must take steps to reduce animal noise including, but not limited to, bringing dogs to indoor areas.
(f) Outdoor exercise confinement areas (dog runs) shall be screened and buffered.
(g) All commercial kennel licensees, when accepting animals for boarding, shall require from the animal owner evidence of rabies vaccination.
(E) Applicable to all kennel licenses.
(1) Revocation of kennel licenses.
(a) Upon observation that one or more of the conditions issued by the City Council on a private or commercial kennel license is not observed, the city will notify the licensee that the city intends to revoke the private or commercial kennel license. A hearing will be held before the Planning Commission will be held prior to making a final decision. A recommendation to the City Council to revoke a private kennel license will require a majority of those members present and voting.
(b) Upon evidence that the decision of the City Council has not been followed by the licensee, the city will arrange for the animal(s) to be picked up. All costs associated with compliance will be billed to the real property owner where the animal resides. All unpaid bills will be placed as a lien on the property.
(2) Exceptions to requirements to the number of dogs. Animals which have been specifically trained and certified to perform certain tasks, such as for handicapped individuals, police K-9 units, search-and-rescue, and other designated service animals.
(Am. Ord. - -, passed 5-23-07) Penalty, see § 94.99