(a) A person may file an application for a permit to keep dogs or cats in excess of the number allowed in § 6-11. The applicant shall pay an application fee at the time of filing in an amount established by the city council.
(1) The application shall be filed with the animal care and control authority on a form provided by the director.
(2) At a minimum, the application form shall require the applicant's name, address and telephone numbers; the number, gender (including spay or neuter status), size and species of dogs and cats currently housed at the address and their registered microchip or license information; the number of dogs and cats the applicant wants to keep at the address; and information on the type and size of the residence, the area where the animals will be kept, and the distance that such area is from abutting residences.
(3) The application form shall also contain forms and instructions for providing notice of the application to the occupants or owners of abutting residences. The applicant shall notify said occupants or owners prior to filing the application with the animal care and control authority.
(b) An inspection of the animals and the property will be conducted by the animal control officer.
(1) The applicant shall demonstrate that the applicant will be able to properly care for the number of animals requested without the animals creating noise or odor nuisances or otherwise creating a public nuisance.
(2) The applicant shall provide proof to the director that all persons required to be notified of the application were served with notice either in person or by certified mail, return receipt requested.
(c) At the conclusion of the inspection, the director or his or her designee shall either approve the application, modify the application or deny the application.
(d) The director may deny the application if the applicant:
(1) Has not met the requirements in subsections (a) and (b) above;
(2) Has within the preceding 24 months been cited for violating this chapter, been the subject of animal nuisance complaints or been charged with violating state law relating to the care and humane treatment of animals;
(3) Has not properly vaccinated and microchipped or licensed all dogs and cats at the residence in accordance with this chapter; or
(e) If the director determines that the applicant will not be able to care for the number of animals requested without the creation of noise or odor nuisances or without being otherwise detrimental to the public health, the director may modify the application and approve the keeping of more than three dogs or more than three cats, but fewer than the number requested in the application.
(f) A permit issued under this section shall be valid for an indefinite term, but shall be subject to revocation for violation of its conditions. The permit shall specify the number of animals the permittee shall be able to keep, and shall not be specific to individual animals. The permit shall remain valid if the permittee moves and properly notifies the director of the change of residence.
(g) A permit issued under this section is subject to the following conditions:
(1) A permittee shall notify the director, in writing, prior to changing residences;
(2) A permittee shall keep all dogs and cats housed at permittee's residence vaccinated and microchipped or licensed in accordance with this chapter;
(4) A permittee shall not maintain any animal odor or noise which creates a public nuisance at the residence;
(5) A permittee shall keep his or her animals under restraint at all times in accordance with this chapter;
(6) A permittee shall cooperate with the animal care and control authority should any of the animals be involved in a bite or otherwise create a condition which could reasonably expose or transmit rabies to any human being, and shall follow all rabies quarantine procedures as outlined by the Rabies Control Act of 1981, Tex. Health & Safety Code Ch. 826 and this chapter. If the director determines that any of the permittee's dogs is a dangerous dog, such determination shall subject the permit to revocation;
(7) A permittee shall comply with all other reasonable conditions placed upon the permit by the director.
(h) If the director determines that grounds exist to revoke a permit issued under this section or if requested by an occupant or owner of an abutting residence, the director may set a hearing, providing the following:
(1) Written notice shall be served on the permittee in person or by registered mail at least ten days prior to the hearing. The notice shall specify the date, time and place of the hearing, as well as any allegations of permit condition violations.
(2) Notice that is mailed shall be deemed received five days after it is placed in a mail receptacle of the United States Postal Service.
(3) No decision may be rendered at a hearing by reason of the permittee's failure to appear unless proof of actual service is shown.
(4) A decision to revoke a permit shall be based on a preponderance of the evidence. The city shall have the burden of proof. At the conclusion of the hearing the director's designee shall make written findings of fact and shall issue a written decision within 30 days.
(i) At revocation hearings, the following shall apply:
(1) The director's designee shall be empowered to administer oaths, to promulgate procedural rules for the conduct of the hearing and shall act as the hearing officer.
(2) A hearing under this section shall exhaust all administrative remedies of the applicant or permittee.
(j) Revocation of a permit will not result in the refund of any permit or application fee.
(k) Whenever any deadline specified in this section falls upon a Saturday, Sunday or a city-recognized holiday, the deadline shall be the next regular city business day.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)