A. Zones Unlawful; Exception: Except for those persons who qualify for and maintain a license under subsection C of this section, it is unlawful for any person to maintain a hobby kennel or commercial kennel within zones R-1-10,000, R-1-7500, R-2-7500 and R-3-7500 of the city. (Res. 2-25-97-1, 2-25-1997; amd. 1998 Code)
B. Definitions: A "hobby kennel" is defined as any premises wherein any person keeps, harbors, boards, breeds, buys, grooms, lets for hire, trains for a fee or sells dogs wherein four (4) to five (5) dogs over the age of three (3) months are maintained. A "commercial kennel" is defined as any premises wherein any person owns, boards, breeds, buys, grooms, lets for hire, trains for a fee or sells dogs wherein six (6) or more dogs over the age of three (3) months are maintained. (Ord. 2009-2, 10-22-2009)
C. Commercial Kennel: Anyone desiring to maintain a commercial kennel must apply for a business license. Only those holding 1996 kennel licenses from the city at the time of the adoption of the resolution codified herein are eligible to apply for a commercial kennel business license if they reside in a residential zone (R-1-10,000, R-1-7500, R-2-7500 or R-3-7500). Otherwise, commercial kennels may be established in zones RA-1, CC-1, H-1, SC-1 or I-1, upon compliance with subsections F through K of this section.
D. Hobby Kennel; Fee: Anyone desiring to maintain a hobby kennel must obtain an annual kennel license for a fee of ten dollars ($10.00) and comply with the following:
1. Individually license each dog.
2. Maintain proof of rabies vaccination for each dog.
3. Maintain adequate runs and do not permit the dogs off the premises unattended.
4. Do not allow any dog or premises to become a nuisance.
5. Comply with all other provisions of this code.
6. Only those people who own or maintain four (4) to five (5) dogs over six (6) months old at the time of the adoption of the resolution codified herein shall be eligible to apply for a hobby kennel license if they reside in a residential zone (R-1-10,000, R-1-7500, R-2-7500 or R-3-7500). Otherwise hobby kennels may be established in zones RA-1, CC-1, H-1, SC-1 or I-1 upon compliance with subsections F through K of this section.
E. Variance: Those persons maintaining a kennel which does not meet the requirements set forth hereunder must apply to the board of adjustment for a variance in accordance with subsection K of this section.
F. Standards: All kennels maintained pursuant to this section shall comply with the following standards:
1. Enclosures must be provided which shall allow adequate protection against weather extremes.
2. Floors of buildings, runs and walls shall be of an appropriate material as required by the specific breed of dog and also to permit proper cleaning and disinfecting.
3. Adequate ventilation shall be maintained and an appropriate temperature provided as required by the specific breed of dog housed therein.
4. Each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or tops of cages.
5. Runs shall provide an adequate exercise area and protection from the weather.
6. All animal quarters and runs are to be kept clean, dry and in a sanitary condition.
7. The food shall be free of contamination, palatable and of sufficient nutritive value as to meet the normal daily requirements for the condition and size of the animal.
8. Fresh water is to be available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and be of the removable type.
G. Location: Before the license can be issued, the following conditions concerning the location of the kennel must be met:
1. Hobby kennels must be one hundred feet (100') away from any neighboring house and seventy five feet (75') from any road.
2. Commercial kennels must be two hundred feet (200') from any neighboring house and one hundred fifty feet (150') from any road.
H. Fee For Commercial Kennel License: The annual fee for a commercial kennel business license shall be sixty dollars ($60.00) due and payable by the last day of February of each year.
I. Revocation: The city, acting through the animal control officer, shall have the power to revoke the license in the event the license holder is convicted of the offense of disturbing the peace as a result of barking dogs or is convicted of any other violation of the city's animal control provisions.
J. Inspections: The animal control officer shall have authority to enter the premises of any person to inspect and assure compliance with this chapter.
K. Conditional Use: Kennel licenses are conditional uses under the purview of the board of adjustment as governed by subsection 10-3-5C of this code. Said board may grant a variance from the standards as set forth herein when reasonable and for good cause shown. (Res. 2-25-97-1, 2-25-1997; amd. 1998 Code)