§ 93.33 LIMITATION OF QUANTITY OF ANIMALS.
   (A)   No person shall own, keep, harbor, or have custody of more than four dogs, cats, and certain animals which two can be dogs, as defined under § 93.28, in the aggregate which are over six months of age shall be kept or harbored at any place in the city, except in a pet shop, animal hospital, or commercial kennel, unless a permit has been issued pursuant to this section by the Council. Any additional animals would require a special permit from the city.
   (B)   No more than six chickens shall be maintained at any one residence or premises. Hen chickens may be kept within the residential district. The keeping of roosters is prohibited. Chickens shall not be raised or kept for fighting. Cockfighting and dogfighting are prohibited.
      (1)   Permit application and hearing. Persons who wish to keep or harbor more than the number of dogs or cats and certain animals as defined under § 93.28 permitted by this division (B)(1) may apply for a permit from the Council. After the receipt of the permit application, and the fee as set forth in section 185 of this Code, the Council shall conduct a public hearing regarding the application considering each permit application on a case by ease basis and consulting the city’s Police Department to determine whether or not to conduct a public hearing. If the Council determines that a public hearing will be held, a notice of the date, time, place, and purpose of the hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the application relates.
      (2)   Issuance of permit. After hearing the oral and written views of all interested persons, the Council shall make its decision. The Council shall not grant a permit unless it finds that keeping or harboring more than the allowed number of dogs or cats on the applicant’s property:
         (a)   Will not be a nuisance; and
         (b)   Will not be detrimental to the public health and safety of the applicant or other persons in the vicinity.
      (3)   Permit not transferable. No permit may be transferred to any person or place by the person or from the place to whom and for which the permit was granted. The permit shall be granted only for the animals described in the application. No animals described in the application may be replaced by the applicant without first obtaining a new permit from the Council.
   (C)   Conditions and restrictions.
      (1)   The Council may impose conditions and restrictions as it deems necessary for the protection of the public interest and adjacent properties and to ensure compliance with the requirements of this section and other applicable provisions of this Code. Each permit issued pursuant to this section shall remain in effect only so long as the conditions and restrictions imposed by the Council are observed and not violated.
      (2)   No person shall conduct any business of selling, boarding, commercial, breeding, or treating animals without obtaining a kennel license. Kennel license shall be issued on an annual basis and shall be made for the whole or unexpired portion of the year ending December 31 next following the effective date of the license. The fee for the kennel license shall be provided in § 185.
(Ord. passed 8-11-2014) Penalty, see § 93.99