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It is unlawful for any person to own or keep a dangerous animal without a permit. Unless prohibited by land use or other ordinances or laws, any person, over the age of eighteen (18) years of age, may obtain a dangerous animal permit upon complying with applicable zoning requirements and:
A. Demonstrating sufficient knowledge of the species so as to be an expert in the care and control of the species;
B. Presenting proof of adequate primary caging appropriate for the species and a sufficient secondary system of confinement so as to prevent unauthorized access to the animal and to prevent the animal's escape;
C. Presenting proof that adequate measures have been taken to prevent the animal from becoming a threat to the health and safety of the community;
D. Presenting a plan of action in the event of the animal's escape. The director may consult with a review board comprising federal, state and local public health authorities in considering a request for a dangerous animal permit;
E. Presenting proof of required, if any, state or federal permits; and
F. Presenting proof of liability insurance in an amount of at least one hundred thousand dollars ($100,000.00), which policy shall name the city as an additional insured and shall not be subject to cancellation or other material modifications without at least thirty (30) days' prior written notice to the city.
For the purpose of this section, to demonstrate "sufficient knowledge" of a species, a person must show that he/she has specialized knowledge of a species to provide for its basic needs to maintain the animal's health, welfare and confinement. The director may consider the person's experience, education, apprenticeship or by examination administered by the director when determining that a person has sufficient knowledge of a species. (Ord. 2012-16, 6-21-2012)
Research facilities where bona fide medical or related research is being conducted, 501(c)(3) animal welfare shelters, and other animal establishments operated by state or local government, or which are licensed by federal law, are excluded from the permit requirements of sections 8.03.040 through 8.03.070 of this chapter. (Ord. 2012-16, 6-21-2012)
A valid permit shall be posted in a conspicuous place in any establishment for which said permit is required, and such permit shall be considered as appurtenant to the premises and not transferable to another location. The permittee shall notify the director within thirty (30) days of any change in his/her establishment or operation, which may affect the status of his/her permit. In the event of a change in ownership of the establishment, the permittee shall notify the director immediately. Permits shall not be transferable from one owner to another. (Ord. 2012-16, 6-21-2012)
A permit issued pursuant to this chapter shall expire one year after it is issued by the director and shall be renewable upon acceptance by the director of a new application. Renewal applications shall not be available until thirty (30) days prior to the expiration date of the current permit. A permit may only be issued after the appropriate fee has been paid. Application must be accompanied by the fee established in the current fee schedule.
A. Modification: The permit and fee schedule may be modified from time to time as deemed appropriate by the director and upon resolution by the city council. The then current permit fee schedule shall apply to all permit applications. A copy of the then current fee schedule shall be available from the director.
B. Nontransferable: Permits are not transferable from one owner to another, from one site to another or from one animal to another. (Ord. 2012-16, 6-21-2012)
A. Authority: From time to time, the director may, upon resolution by the city council, adopt rules and regulations governing the operation of kennels, catteries, animal grooming parlors, pet shops, riding stables or other animal related establishments.
B. Provisions: Such rules and regulations may provide for:
1. The type of structures, buildings, pens, cages, runways or yards required for the animals sought to be kept, harbored or confined on such premises;
2. The manner in which food, water, and sanitation facilities will be provided to such animals;
3. Measures relating to the health of such animals, the control of odors, noise, and the protection of persons or property on adjacent premises; and
4. Such other matters as the city shall deem necessary.
C. Effect: Such rules and regulations shall, upon publication and following adoption by the city, have the effect of law, and violation of such rules and regulations shall be deemed a violation of this title, subject to the penalties provided for in section 1.08.020 of this code, and grounds for revocation of a permit issued by the city. Copies of the rules and regulations, when adopted, shall be filed for public inspection in the office of the city recorder and of the director. (Ord. 2012-16, 6-21-2012)
All establishments required to have permits under this title shall be subject to periodic inspections, and the inspector shall make a report of such inspection, which shall be given to the establishment and will be filed with the director. (Ord. 2012-16, 6-21-2012)
If an inspection of kennels, catteries, animal grooming parlors, pet shops, riding stables, similar establishments, or the premises of the holder of a permit reveals a violation of this title, the inspector shall notify the permit holder or operator of such violation by means of issuance of a citation as provided in chapter 8.10 of this title or issuance of a notice of violation and stipulation as provided in chapter 8.11 of this title. If the notice of violation and stipulation is used, the notice shall:
A. Set forth the specific violations found;
B. Establish a specific and reasonable period of time for correction of the violations found;
C. State that failure to comply in the specified period of time with any notice issued in accordance with the provisions of this section may result in immediate suspension of the permit and/or issuance of a citation; and
D. State that an opportunity for a hearing upon any grievance the owner or operator may have concerning the inspection findings and corrections ordered by the animal control officer may be processed according to the provisions of chapter 8.11 of this title. (Ord. 2012-16, 6-21-2012)
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