A. Permit Required: No animals or fowl shall be kept or maintained within the city limits unless the person maintaining and keeping the said animals or fowl shall first obtain a permit from the city for the keeping and maintaining of the same.
B. Exemption: However, no permit shall be required for keeping animals or fowl in a licensed auction or sale yard; provided, that such animals or fowl do not remain in said yard for more than seven (7) days. (1982 Code)
C. Livestock: Further, livestock may be maintained on parcels of land located in the A zone (agricultural) which are at least forty five (45) contiguous acres in size, in such numbers as are reasonable under prevailing conditions of animal husbandry, without having to comply with the remaining portions or restrictions of this chapter. This provision does not expressly or by implication negate or alter the applicability nor enforcement of the general nuisance laws of the state or the city. (Ord. 377, 2-28-1996)
D. Kennel Licensing Provisions:
1. License Required: It shall be unlawful to keep, maintain, harbor or possess upon the premises of any one household more than two (2) dogs unless the owner or person in charge thereof shall qualify for and obtain a noncommercial kennel license or a commercial kennel license.
2. Applications For License; Fees; Conditions:
a. Noncommercial Kennel License: An application for a noncommercial kennel license shall be made to the city clerk and must be accompanied by the written consent of at least eighty one percent (81%) of all persons in possession of premises within two hundred feet (200') of the premises upon which the noncommercial kennel is to be maintained and accompanied by a deposit license fee of ten dollars ($10.00), which deposit shall be returned to the applicant if the license is not issued. The application shall state the name and address of the owner, where the noncommercial kennel is to be established, and the number of dogs. Noncommercial licenses shall be nontransferable and shall expire on December 31 of each year in which issued. When additions are made to the number of dogs for which a noncommercial kennel license is issued, the licensee shall report, within three (3) days, to the city clerk the increase; however, whenever puppies are born, such puppies shall not be counted as additions until six (6) weeks old.
b. Commercial Kennel License: Applications for commercial kennel licenses shall be made to the city clerk and must be accompanied by a written consent of one hundred percent (100%) of all persons in possession of premises within three hundred feet (300') of the premises upon which the commercial kennel is to be maintained and accompanied by a deposit of a license fee of ten dollars ($10.00) for the first two (2) dogs and an additional three dollars ($3.00) for each dog over two (2), which deposit shall be returned to the applicant if the license is not finally issued. The applicant shall state the name and address of the owner of the kennel, where the kennel is to be established, the number of dogs to be kept, and attached to the application shall be a detailed plan for the kennel meeting minimum state health requirements showing a dog type enclosure with runs for each dog, indicating how the kennels will be cleaned, where the water and food sources for the dogs shall be established, together with rules and regulations governing the care of the animals; provided, however, that the owner may adopt the rules and regulations of the American Kennel Club or similar organizations in lieu of providing written rules and regulations for the facility. In addition thereto, the owner shall agree that said kennels shall be cleaned not less than daily. Whenever additions are made to the number of dogs for which the kennel license has been issued, the licensee shall, within three (3) days, report to the city clerk and pay the required license fee; provided, however, that whenever puppies are born, such puppies shall not be counted as additions until six (6) weeks old. For every commercial kennel maintained for dogs registered under the rules and regulations of the American Kennel Club, it shall not be necessary to license the individual dogs, but the owner of such kennel shall pay the annual fee as stated above; provided, however, that all dogs covered by any such kennel license shall be maintained and kept within the kennel or under leash at all times.
3. Dog Licenses Required; Exceptions: The issuance of a noncommercial kennel license shall not alleviate the necessity of obtaining an individual dog license, nor shall any of the provisions of this section be deemed to vary or alter any zoning regulations of the city. However, the requirement of obtaining a dog license for a dog is waived in the case of commercial kennels which are operated for commercial purposes to board dogs not owned by a person located on the premises or for veterinary clinics or facilities where the dog is kept for a temporary time period not to exceed six (6) months.
4. Violation: Any person violating this section shall be deemed guilty of a misdemeanor. (Ord. 407, 2-24-1999)