5-4-9: COMMERCIAL, COMMERCIAL DAYCARE AND NONCOMMERCIAL KENNELS:
   A.    License Required: No person shall operate or maintain a commercial kennel, commercial daycare kennel or noncommercial kennel within the City without first obtaining a commercial kennel, commercial daycare kennel, or noncommercial kennel license from the City.
   B.    Application For Kennel License: An application for a commercial kennel, commercial daycare kennel, or noncommercial kennel license shall be made to the City Clerk on the form prescribed by the City. The applicant must provide all the information required on the form, including, but not limited to:
      1.    The name and address of the owner(s) of the kennel;
      2.    The address or legal description of the real property where the kennel will be kept;
      3.    The number of dogs proposed to be kept in the kennel;
      4.    The location of any residential dwellings within one thousand feet (1,000') of the proposed kennel; and
      5.    Proof that the proposed kennel complies with the requirements of the City's Zoning Code.
The applicant must pay the fee for a kennel license as set forth in the City fee schedule.
   C.    Notice To Surrounding Property Owners: Once the City Clerk receives a complete commercial kennel, commercial daycare kennel, or noncommercial kennel license from an applicant, the City Clerk shall provide written notice of and include a copy of said application to residential property owners located within one thousand feet (1,000') of the proposed kennel location.
   D.    Construction And Location Standards For Kennels: The owner and operator of a commercial, commercial daycare or noncommercial kennel shall operate the kennel in a neat and sanitary manner. Additionally, the area within which the dogs are to sleep, eat, and exercise shall be enclosed completely by a wire mesh fence at least six feet (6') in height of sufficient gauge to ensure the confinement of the dogs. A kennel may not be located within five hundred feet (500') of any residential dwelling other than the owner's dwelling. Kennels must comply with all relevant zoning requirements.
   E.    Review Of Premises And Issuance Of License: No kennel license may be issued until the applicant's property has been inspected and the inspection reveals that adequate safeguards are present to protect the surrounding neighborhood from nuisances and to ensure compliance with this chapter. The license may include conditions that animal control authority deem reasonably necessary to protect public health and safety and to protect persons on neighboring property from unsanitary conditions, unreasonable noise and odors, and other unreasonable annoyances. A denial of a kennel license application may be appealed to the City Council within ten (10) days of notification of the denial. The City Council shall hold a hearing to determine whether the denial should be upheld. If the City Council reverses the denial, it may impose conditions upon the granting of any commercial, commercial daycare, or noncommercial kennel license.
   F.    License Modification: The license may be reasonably modified by animal control authority if necessary to respond to changed circumstances. Any modification shall be effective ten (10) days after the mailing of written notice by certified mail to the license holder. The license holder may challenge the modification by contacting the City Clerk and requesting a hearing within ten (10) days after the receipt of written notice. A hearing regarding the proposed modification shall be held before the City Council.
   G.    Operation: Every kennel shall be maintained and operated in a neat and sanitary manner. All refuse, garbage, and animal waste shall be regularly removed so as to keep the surrounding area free from obnoxious odors.
   H.    Duration Of License: A kennel license shall be issued for a period of two (2) years beginning March 1 and ending February 28. Applications for a renewal permit may not be made prior to sixty (60) days before March 1. A late fee, as set forth in the City fee schedule, will be assessed for any late applications. Commencing March 1, 2011, kennel licenses shall be issued in odd numbered years. For those kennels licensed after March 1, 2010, and whose owners are not subject to a penalty for failure to license their kennels, the license fee shall be prorated for the remainder of 2010 through February 28, 2011. Applications for a renewal license may not be made until sixty (60) days before March 1.
   I.    Inspections: Animal control authority may go onto the premises of licensed kennels at reasonable times to inspect for compliance with this chapter and other relevant laws and regulations. A violation of this chapter or other regulations not corrected within ten (10) days after notice of the violation is served via certified mail on the owner of the kennel shall be grounds for revocation of the license.
   J.    Revocation Of License: A license may be revoked by the City Council for a violation of any condition of a kennel license or for any violation of this section following notice and a hearing as provided for in title 3, chapter 2 of this Code. (Ord. 1211, 5-10-2010)