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(A) No person, partnership, or corporation shall operate a commercial establishment, zoological park, or animal shelter without first obtaining a permit in compliance with this section. However, temporary sales of small animals such as chicks and rabbits for domestic purposes at businesses or residences shall be exempt from this section.
(B) The Animal Care and Control Authority shall promulgate rules and regulations for the issuance of permits which shall include requirements for humane care of all animals and for compliance with the provisions of this chapter and other applicable laws. The Animal Care and Control Authority may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection and humane care of animals.
(C) Upon an inspection confirming that an applicant for a permit is willing and able to comply with the regulations promulgated by the Animal Care and Control Authority, a permit shall be issued upon payment of the applicable fee.
(D) The permit period shall begin January 1 and shall run for one year. Renewal applications for permits shall be made 30 days prior to and up to 60 days after the start of the new year. Application for permit to establish a new commercial animal establishment under the provisions of this chapter may be made at any time.
(E) If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his or her name upon payment of a transfer fee of $20.
(F) Annual permits shall be issued after passing inspection and upon payment of the applicable fees. Dog fanciers’ kennel permits shall be issued to persons age 62 and over at one-half of the rate listed. Infrequent, de minimis increases in the number of animals kept at a commercial kennel or cattery shall not affect the permit price:
(1) For each commercial kennel, authorized to house no more than ten dogs: $75;
(2) For each fancier kennel: $100 if more than three dogs are intact, $150 if more than five;
(3) For each commercial kennel authorized to house 11 through 25 dogs: $150;
(4) For each fancier kennel: $250 if more than three dogs are intact, $400 if more than seven;
(5) For each cattery authorized to house no more than ten cats: $75;
(6) For each cattery authorized to house 11 through 25 cats: $150;
(7) For each commercial kennel authorized to house 26 through 50 dogs: $175;
(8) For each cattery authorized to house 26 through 50 cats: $100;
(9) For each commercial kennel authorized to house more than 50 dogs: $200;
(10) For each cattery authorized to house more than 50 cats: $200;
(11) For each pet shop: $175;
(12) For each grooming shop: $175; and
(13) For all other commercial animal establishments: $175.
(G) Every facility regulated by this chapter shall be considered a separate enterprise and requires an individual permit.
(H) Persons operating kennels for the breeding of dogs may elect to license such dogs individually, subject to Chapter 158, Zoning.
(I) No fee may be required of any not-for-profit animal shelter or government-operated zoological park; however, it shall have a current permit or license and be in compliance to operate.
(J) Any person who has a change in the category under which a permit was issued shall be subject to reclassification, and appropriate adjustment of the permit fee shall be made.
(K) The Animal Care and Control Authority shall maintain a record of the permits issued pursuant to this section for a period of three years and shall make this record available to the public.
(2004 Code, § 81-3) (Ord. 26, passed 1-21-1980; Ord. 26C, passed 7-29-1986; Ord. 26D, passed 8-28-1990; Ord. 02-23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006; Ord. 2015-04, passed 7-2-2015)
(A) Between December 1 and March 15 and whenever the real or effective temperature is 35ºF or lower, the following shall be provided:
(1) Dog shelter shall have a weatherproof roof, the entryway shall be protected by a self-closing door, an offset outer door, or a flexible flap made of windproof material. The floor shall be solid and raised off the ground at least two inches. No interior surfaces shall be metal. The dog shelter shall be facing south or east, away from the prevailing winds;
(2) Bedding, such as wood shavings, straw or other nonabsorbent material shall be provided in sufficient quantity for insulation against cold and damp. Bedding shall be kept dry;
(3) If there is no artificial heat source, structures shall be small enough to allow the dog to warm the interior of the structure and maintain his or her body heat but large enough to permit ease of entry and normal postural adjustments; and
(4) Fresh water without ice shall be made available to the dog a minimum of twice daily. The receptacle shall be made unable to be tipped over.
(B) During the summer months between June 1 and September 15 or whenever the real temperature is above 80ºF, shade, either natural or man-made, shall be made available to a confined dog between the hours of 11:00 a.m. and 3:30 p.m.
(1) Fresh water shall always be made available. The water receptacle shall be made unable to be tipped over.
(2) Under no circumstances shall a dog shelter be considered shade during the summer months.
(C) Proper shelter including protection from the weather and elements shall be provided. The shelter for a dog shall have a weatherproof roof, enclosed sides, a doorway, and a solid floor raised at least two inches from the ground and no interior surfaces shall be metal.
(D) A dog kennel for outside dogs shall meet the minimum size requirements as listed in Table 90.04. The requirements in Table 90.04 are not applicable to commercial kennels, veterinary hospitals, or pet stores.
Table 90.04: Kennel Minimum Size Requirements | |||
Number of Dogs | Kennel Size | ||
Small (up to 25 lbs) | Medium (25-50 lbs) | Large (over 50 lbs) | |
1 | 3 x 7 (21 sq. ft.) | 6 x 10 (60 sq. ft.) | 8 x 10 (80 sq. ft.) |
2 | 4 x 8 (32 sq. ft.) | 8 x 10 (80 sq. ft.) | 10 x 10 (100 sq. ft.) |
3 | 5 x 9 (45 sq. ft.) | 8 x 12 (96 sq. ft.) | 10 x 14 (140 sq. ft.) |
4 | 8 x 10 (80 sq. ft.) | 10 x 12 (120 sq. ft.) | 12 x 16 (192 sq. ft.) |
(2004 Code, § 81-4) (Ord. 06-15, passed 11-28-2006)
(A) The owner of a dog shall keep the dog under restraint or effective control at all times.
(B) The owner of an animal shall prevent the animal, except a cat, from leaving the owner’s property unattended or unrestrained.
(C) The owner of a dog shall not tie, chain, cable, or in any way tether a dog outside for more than 12 hours a day.
(D) A tether to confine a dog shall be a minimum of four and one-half times the length of the dog (nose to tail base) and under no circumstances less than ten feet long.
(E) The tether shall have swivels at both ends to prevent kinking and knotting. The area covered shall be maintained so that the tether cannot become entangled and positioned so that the dog cannot wrap the tether around posts, trees, debris, or hang by jumping a fence or guardrail.
(F) The owner of animal(s) that are fenced shall erect fencing normally considered suitable for the species and type of animal to be contained. Fencing shall be appropriate so as to keep the intended animals restrained within its boundaries. Fencing shall be monitored, well maintained, and kept in good repair. In the case of a dog, if the owner utilizes an “invisible fence” to restrain a dog it may only be used if it consistently and effectively restrains the dog and is appropriate to be used for the dog in question. No aggressive dog may be restrained behind an “invisible fence”.
(G) All areas where animals are confined shall be maintained so as to provide a safe and healthy environment for the animals within the confinement.
(2004 Code, § 81-5) (Ord. 26, passed 1-21-1980; Ord. 26C, passed 7-29-1986; Ord. 02-23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006)
(A) The Animal Care and Control Authority may refuse to issue or revoke any permit or license if the person holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by the Animal Care and Control Authority, or any law governing the protection and humane keeping of animals.
(B) Any person whose permit or license is revoked may, within seven days of the decision revoking such license or permit, appeal the decision to the County Commissioners or town councils (when applicable in the incorporated limits of the town or city). A date and time will be set for a hearing at which those wishing to be heard concerning the revocation of the license or permit will be heard. A decision affirming or reversing the decision of the Animal Care and Control Authority shall be made by the County Commissioners or town councils (when applicable in the incorporated limits of the town or city) within 30 days after such hearing.
(C) Any person whose permit or license is revoked shall, within ten days thereafter, humanely dispose of all animals owned, kept, or harbored and no part of the permit or license fee shall be refunded.
(D) It shall be a condition of the issuance of any permit or license that the Animal Care and Control Authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspections is refused, revoke the permit or license of the refusing owner.
(E) If the applicant has withheld or falsified any information on the application, the Animal Care and Control Authority shall refuse to issue a permit or license or may revoke a permit or license.
(F) No person who has been convicted of cruelty to animals shall be issued a permit or license.
(G) Any person having been denied a license or permit may not reapply for a period of 30 days and such person shall demonstrate that any corrective action requested by the Animal Care and Control Authority has been implemented.
(2004 Code, § 81-6) (Ord. 26, passed 1-21-1980; Ord. 02- 23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006) Penalty, see § 90.99
The owner of a female dog in heat shall keep the dog secure inside a well ventilated building on the owner’s property, except that:
(A) When the dog is on a leash and is accompanied by the owner, the dog may be allowed outside for the purpose of natural relief, but may not be taken off the owner’s property; or
(B) When necessary for medical treatment, boarding, or breeding and while under the direct and effective control of the owner, the dog may be conveyed to and left at a suitable place to be treated, boarded, bred, or shown in an organized dog show or event. For purposes of this section, suitable place shall mean a licensed kennel, an establishment operated by a licensed veterinarian, or in the case of the dog’s breeding, a location at which the person assuming care and custody of the dog prevents the dog from coming in contact with other dogs except for planned breeding.
(2004 Code, § 81-7) (Ord. 26, passed 1-21-1980; Ord. 26C, passed 7-29-1986; Ord. 02-23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006)
(A) Every vicious animal, as determined by the Animal Care and Control Authority, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner, or restrained as otherwise directed by the Animal Care and Control Authority. Upon determination by the Animal Care and Control Authority that an animal is vicious and after the exhaustion of any appeals, the owner shall have the animal microchipped for permanent identification by a licensed veterinarian within ten days and the corresponding microchip data shall be given to the Animal Care and Control Authority. If an owner of an animal determined to be vicious or potentially dangerous sells or gives the animal to another person, the owner shall provide written notice to the Animal Care and Control Authority that made the determination and state the name and address of the new owner of the animal and notify the person taking possession of the animal in writing of the animal’s vicious or potentially dangerous behavior and the circumstances surrounding its vicious or potentially dangerous determination.
(B) The Animal Care and Control Authority’s Animal Control Officers may enter onto the property where a vicious dog is to be confined and check for special restraint compliance at any reasonable time.
(C) An Animal Control Officer or law enforcement officer may pursue and destroy an at large animal placing the public in imminent danger or animals in the act of attacking livestock or other domestic animals if necessary.
(2004 Code, § 81-8) (Ord. 26, passed 1-21-1980; Ord. 02- 23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006)
(A) The owner shall keep his or her animal from approaching a passerby in a menacing or aggressive fashion.
(B) The owner shall keep his or her animal from vocalizing unreasonably so as to disturb neighbors in the community during the day or night or prevent neighbors from the use and enjoyment of their property. This section does not include a working farm.
(C) The owner shall keep his or her animal from destroying private property.
(D) The owner shall keep his or her animal from continuous actions and behaviors that could reasonably lead to his or her animal at some future date to be deemed a public nuisance animal.
(2004 Code, § 81-9) (Ord. 06-15, passed 11-28-2006) Penalty, see § 90.99
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