(A) A kennel license is required to be obtained by any person and/or business engaged in any of the following commercial activities:
(1) Any person who intentionally causes or allows the breeding, or offers a dog to be available for breeding purposes;
(2) Any person who offers for sale, sells, trades, receives other compensation, or gives away any litter of dogs; or
(3) Any owner or person having custody of a dog that has delivered a litter or caused the delivery of a litter that is intended to be sold or traded;
(4) Any owner or person that offers dog boarding or day care services; and/or
(5) Any animal rescue organization that is a non-profit corporation registered as a 501(c).
(B) Such kennel license shall:
(1) Allow the birthing of a maximum of one litter in a 12-month period per dog in any kennel located in a domestic household, commercial establishment, or any combination thereof;
(2) Not allow the owner to offer for sale, sell, trade, or receive other compensation or give away more than one litter of dogs in such 12-month period per dog; and
(3) Require the holder of the license to furnish Dearborn County Animal Control with information on the birth of each litter of dogs as may be required by Dearborn County Animal Control to register the litter and be assigned a litter number for each litter.
(C) The holder of a kennel license shall:
(1) Transmit to the new owner or buyer the litter number of the dog(s) acquired and the breeder’s kennel license number in order that the new owner has assurance and proof that the dog was legally bred;
(2) Immunize all dogs offered for sale, trade, or other compensation or for free giveaway against the most common contagious diseases including, but not necessarily limited to, canine distemper, hepatitis, Para influenza, and parvo virus;
(3) Not offer a puppy under the age of eight weeks for sale, trade or other compensation or for free giveaway; and
(4) Furnish a warrant of health for a period of not less than one week with the recommendation to have the dog examined by a licensed veterinarian for each dog sold, traded, or given away.
(D) Each kennel license shall be obtained from Dearborn County Animal Control. Each kennel license must be approved by Dearborn County Animal Control and the Dearborn County Planning and Zoning Department. Kennel licenses may only be issued for properties that are located in Agricultural or any Industrial zoning district. Kennel licenses may not be issued in any other zoning districts without the approval of the Dearborn County Board of Zoning Appeals.
(E) Each holder of a valid kennel license shall register additional litters with Dearborn County Animal Control. Each additional litter registration shall comply with the same requirements as the original kennel license.
(F) Dearborn County adopts the Code of Federal Regulations, 9 CFR 3.1 through 3.20 as the standards of operation and inspection of kennels. The Dearborn County Board of Commissioners appoints the Dearborn County Animal Control as the agency authorized to inspect kennels.
(G) Any kennel license that was issued prior to changes in this section in 2022 shall continue to be issued under the prior section rules as a pre- existing non-conforming use. Should any license holder that is a pre-existing non-conforming use fail to renew their license and the license lapses for a period of six months or more, said license holder shall be required to apply for a new kennel license that will only be issued if the applicant is compliant with this section in effect at that time.
(BC Ord. 2014-006, passed 6-3-14; Am. BC Ord. 2022-016, passed 11-1-22)