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A. No person shall purchase, sell, offer for sale, or advertise for sale any animal that is represented to be the offspring, cross, mix, or hybrid of a wolf or coyote.
B. No person shall possess a canine hybrid without a valid canine hybrid permit. A person may apply for such a permit under the following conditions:
1. Submission of a permit application.
2. Submission of written proof from a licensed veterinarian that all animals over the age of six (6) months for which a permit is requested have been spayed or neutered.
3. All owners of permitted property shall grant reasonable access to permitted premises. Upon presenting proper identification and at a reasonable hour, a representative of the Animal Control Division shall be allowed access to any permitted premises for the purpose of inspection. Permits may be suspended for failure to comply with the requirements of this chapter, as well as for violation of other applicable laws, regulations, and ordinances.
4. Payment of the annual permit fee, if applicable.
C. A permit shall not be issued until the applicant provides an adequate physical enclosure that completely and effectively confines all animals to the property of the owner. An animal protection officer shall determine the adequacy of the enclosure. (Ord. 2012-10, 11-13-2012)
1. A minimum livable area of four hundred (400) square feet must be provided for up to two (2) canine hybrids. An exception to this subsection may be granted if the animal owner submits a written plan of adequate housing and exercise to the Animal Control Division and such plan is approved by the department. (Ord. 2013-3, 4-9-2013)
2. Permanent chaining or tethering may not be used as a method to contain a canine hybrid to the property of the owner. The canine hybrid must be contained with the use of a kennel, run or secure perimeter fencing. (Ord. 2012-10, 11-13-2012)
D. A canine hybrid permit will not be issued for the ownership of more than two (2) canine hybrids. (Ord. 2013-3, 4-9-2013)
E. Each canine hybrid must wear a collar or harness displaying an identification tag bearing the name, address, and phone number of the owner at all times while it is on and off of the owner's premises. While off of the owner's premises the hybrid shall be on a secure leash not more than six feet (6') in length and in the immediate custody of a person physically capable of controlling and restraining the animal.
F. Nothing in this section shall relieve the holder of a permit from complying with all other applicable sections of this chapter. (Ord. 2012-10, 11-13-2012)
A. When an animal protection officer discovers that a permitted premises is in violation of this chapter, he shall give notice of the violations to the permit holder, operator or person in charge on a standardized form that provides notice of the right to appeal the designation, instructions for filing an appeal, and a notice of appeal to be filed with the City Clerk. The notification shall:
1. Set forth each specific violation.
2. If appropriate, establish a specific and reasonable period of time for the correction of the violation(s) and that failure to comply may result in immediate suspension or revocation of the permit.
3. State that an opportunity for appeal from a notice or inspection findings will be provided if a written request for a hearing is filed with the City Clerk within five (5) days of receipt of the notice.
4. Notices under this section shall be deemed properly served and received when the original inspection report or other notice has been personally served on the person in charge, or sent by registered or certified mail to the last known address of the permit holder.
5. Permits may be suspended for failure of the holder to comply with the requirements of this chapter or other applicable laws, ordinances or regulations. The suspension may be lifted when the Supervisor determines the violations have been corrected.
6. Permits may be revoked for serious or repeated violations of the requirements of this chapter, or for violation of other applicable laws, ordinances or regulations. A permit shall be revoked for one year. The permit shall be surrendered to the City Manager upon suspension or revocation.
a. A person whose permit has been suspended may apply for an inspection of the premises for the purpose of reinstating the permit. If the applicant and the site are in compliance with the requirements of this chapter and all other applicable laws, ordinances and regulations, the permit shall be reinstated. The reinstated permit shall expire on the date of expiration of the previously suspended permit.
b. If an exotic or wild animal permit is suspended or revoked, all animals received, purchased, owned or kept under the authority of the permit shall be surrendered to the Animal Control Division for impoundment. After a period of at least seven (7) days, if the violations of this chapter which resulted in suspension or revocation of the permit have not been corrected, the Animal Control Division may sell or dispose of the animal(s) as provided in this chapter. The applicant may appeal the suspension or revocation in the manner provided in this section 5-3-52. (Ord. 2017-10, 12-12-2017; amd. Ord. C2021-1, 5-11-2021)
A. A person whose application for a permit or permit renewal has been approved on condition or denied and a permit holder, whose permit has been suspended or revoked, or who wishes to appeal the decision of the Animal Protection Division that an animal is dangerous or vicious may submit to the City Clerk a written request for a hearing. The written request must be received within five (5) days of the applicant’s receipt of the written notice from the city. The hearing shall be conducted within fifteen (15) days after the City Clerk receives the request for a hearing or as otherwise specified by this chapter.
B. Hearings shall be conducted by a Hearing Officer that is appointed by the City Manager at a time and place designated by the Hearing Officer and shall be recorded. All witnesses shall be sworn or affirmed. Written notice of the time and place of the hearing shall be mailed to the applicant and the Supervisor of the Animal Control Division.
C. The applicant shall be afforded a fair hearing which provides the basic safeguards of due process which shall include:
1. The opportunity to examine before the hearing and, at the expense of the applicant, to copy all documents, records and regulations that are relevant to the hearing.
2. The right to be represented by counsel or other persons chosen as his representative.
3. The right to present evidence and arguments in support of his appeal to controvert evidence relied on by the City, and to confront and cross examine all witnesses on whose testimony or information the City relies.
4. A decision based solely and exclusively upon the facts presented at the hearing.
D. The Hearing Officer shall prepare a written report of his findings and decision within three (3) days after the hearing and shall provide copies to the parties.
E. A party who is aggrieved by the decision of the Hearing Officer may appeal to the City Council.
1. The notice of appeal shall be filed in the Office of the City Clerk within five (5) days after the written decision is issued. If notice is filed by mail, date of receipt by Clerk shall control timeliness of appeal.
2. A copy of the appeal shall be forwarded by the City Clerk to the Animal Control Division Supervisor.
3. The Council shall set a date for a hearing on the appeal as soon as practicable, but in any event within thirty (30) days of receipt of notice by the City Clerk.
4. The Council shall review the written findings and decision of the Hearing Officer, review the evidence for and against the decision and, if necessary, hear statements from the aggrieved party and the prevailing party.
5. The Council shall determine if the decision should be affirmed or rescinded.
6. The decision of the Council shall be final. (Ord. 2017-10, 12-12-2017; amd. Ord. C2021-1, 5-11-2021)
If any section, paragraph, sentence, clause, word or phrase of this chapter is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this chapter. The Council hereby declares that it would have passed this chapter and each division, section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid. (Ord. 2012-10, 11-13-2012)