A. Compliance With Zoning, Building Codes; License Required: Prior to operating a kennel, the owner must meet the requirements of both the zoning ordinance and the building code, and obtain a kennel license.
1. Applications for a kennel license or renewal thereof shall be made to the city clerk. The application shall state the name and address of the owner, the location of the kennel and the types and breeds of animals to be kept. Kennel licenses shall not be transferred, and shall be valid for one year. The application shall be accompanied by the application fee set by resolution of the city council.
2. Subject to the exceptions set forth in section 5-1-8 of this chapter and subsection A3 of this section, all dogs owned, kept or boarded by the kennel must be individually licensed, with the exception of dogs that are regularly kept and housed in a kennel. (Ord. 197, 1-8-2013)
3. A person holding a kennel license shall not be required to separately license each dog regularly kept and housed therein. However, should any dog be removed from the kennel and no longer be domiciled therein, an individual license shall be purchased for the dog. The fees set forth by resolution shall be paid to the city clerk upon renewal of the license.
B. Kennel Standards:
1. Indoor Housing Facilities:
a. Interior surfaces must be of a nonporous material which is substantially impervious to moisture and may be readily sanitized.
b. Wherever animals less than six (6) months old are regularly present, floors shall be maintained at reasonable temperatures suited to the conditions and welfare of such animals. Floors shall be maintained at reasonable temperatures suited to adult animals in all other locations. An elevated floor pad may be used to maintain adequate temperatures so long as the surface meets the requirements of subsection B1a of this section.
c. Ceiling heights shall meet the minimum standards for a U type structure under the international residential code in effect at the time of the application for the license.
d. Adequate heating and ventilation shall be provided so as to prevent exposure of animals to extremes in temperature and ventilation shall be sufficient to provide for the health and comfort of the animals at all times. The exchange of ventilated air must be at least eight (8) times per hour.
e. Adequate space shall be provided both internal and external so as to provide adequate exercise area for the various dogs. Minimum space requirements shall be as provided herein:
MINIMUM SPACE REQUIREMENTS
Weight Of Dogs (Pounds) | Primary Width (Feet) | Enclosure Square Footage | Width (Feet) | Kennel House Square Footage |
Up to 15 | 2.0 | 6.0 | 1.5 | 3.0 |
Over 15 - 35 | 2.5 | 10.0 | 2.0 | 5.0 |
Over 35 - 65 | 3.0 | 15.0 | 2.5 | 7.5 |
Over 65 - 95 | 3.0 | 18.0 | 2.5 | 9.0 |
Over 95 - 130 | 3.5 | 24.0 | 3.0 | 12.0 |
Over 130 | 4.0 | 32.0 | 3.5 | 14.0 |
f. All fencing or restraining methods shall be of sufficient strength and construction to contain and control all animals. Fences shall be installed in such a manner as to prevent animals from escaping by digging underneath or by jumping or climbing over the top.
g. All kennels shall have natural lighting sufficient to comply with a U type structure under the international residential code in effect at the time of application for the license. Adequate artificial lighting shall be provided in accordance with electrical code requirements for residential structures.
h. All indoor facilities shall have three foot (3') high solid, nontransparent walls or partitions between pens.
i. All flooring shall slope at one-half inch (1/2") per running foot to prevent pooling of urine and cleaning solutions. Floors shall be of a smooth, nonporous, water impermeable substance.
j. All indoor housing facilities will have sound deadening characteristics that will prevent long sound reverberation or sound reaching neighboring locations.
k. All indoor housing facilities shall also have an external space referred to as runs so as to provide adequate outdoor area for various breeds. All kennel runs shall provide the square footage per dog based on the maximum weight of each dog as set forth in subsection B1e of this section.
2. Outdoor Housing Facilities: All outdoor housing facilities shall meet the following general requirements set forth in this subsection:
a. Any outdoor housing facility shall be of sufficient structural strength and shall be maintained in good repair so as to protect the animals from injury, to contain the animals and to restrict the entrance of other animals.
b. Outdoor housing facilities shall provide sufficient shade from the sun so as to prevent overheating or discomfort to the animals.
c. Outdoor housing facilities shall provide access to shelter to allow animals to remain dry during rain or snow.
d. Outdoor housing facilities shall provide shelters for all animals with sufficient clean bedding and other protection so as to protect the animal from harm when the temperatures are below fifty degrees Fahrenheit (50°F).
e. Outdoor housing facilities shall provide a suitable method for elimination of urine and other liquid substances.
f. All outdoor housing facilities shall provide sufficient space in the enclosure and in the kennel house. Minimum space requirements are set forth in the table in subsection B1e of this section. If a kennel enclosure or kennel contains more than one dog, the minimum number of square feet required is the sum of the square foot requirements for each individual dog kept therein.
g. All fencing or restraining methods shall be of sufficient strength and construction to contain and control all animals. Fences shall be installed in such a manner as to prevent animals from escaping by digging underneath or by jumping or climbing over the top.
3. Feeding And Care Of Animals: All kennels shall meet the following feeding and care requirements:
a. Animals shall be provided food which is free from contamination and is wholesome, palatable and of sufficient quantity and nutritive value so as to meet the normal daily requirements for the condition and size of the animal.
b. Food receptacles shall be accessible to all animals and shall be located so as to minimize contamination by excrement. Feeding pans shall be durable and shall be cleaned daily. Each pen shall have a satisfactory bowl or bowl system for both water and food.
c. Clean potable water shall be available to the animals in conformance with the principles of good animal husbandry unless restricted for veterinary care. Water receptacles shall be cleaned every day.
d. All food and bedding for the animals shall be kept in a storage area such that the food and bedding supplies are protected against infestation or contamination by vermin.
e. Refrigeration shall be provided for any supplies of perishable food.
4. Sanitation Of Primary Facilities: All kennels shall meet the following sanitation requirements:
a. Excrement shall be removed from each kennel enclosure and kennel house at least once daily to prevent contamination of the animals contained therein and to reduce disease hazard and odors.
(1) Individual and subsurface disposal systems used to dispose of any kennel generated wastewater shall be reviewed by the Panhandle health district:
(A) At initial application for a kennel license; and
(B) At the discretion of a law enforcement officer or animal control officer.
(2) Wastewater and subsurface sewage disposal system loading will be assessed for compliance with all state rules and regulations pertaining to individual and subsurface sewage disposal systems. Dry wells shall not be used for wastewater disposal.
(3) Solid excrement shall be double bagged and disposed of at the county sanitary landfill or transfer station.
b. At least once each day, each kennel enclosure shall be sanitized by washing with water and soap or detergent.
c. Pens using pea gravel or its equivalent shall be sanitized by removing the gravel and replacing it when it no longer provides adequate sanitation so as to reduce disease hazard and odors.
d. Each individual dog shall be vaccinated for rabies.
e. An effective program for the control of insects, ectoparasites, avian and mammalian pests shall be established and maintained.
5. Care Of Sick Or Injured Animals:
a. An isolation and quarantine area shall be a part of every kennel to prevent physical contact by or between animals that are under quarantine or treatment for a communicable disease. The isolation and quarantine area must protect from cross contamination by saliva, waste material or washing solutions to the greatest extent practicable.
b. Animals shall be separated according to the following standards. Kennels shall meet these requirements:
(1) Females in heat shall not be housed in the same kennel enclosure as males, except for purposes of breeding;
(2) Any animal exhibiting a vicious disposition shall be housed individually in a separate kennel enclosure;
(3) Puppies shall not be housed in the same kennel enclosure with any other adult dogs other than their dam, except when the owner specifically requests combined housing;
(4) Dogs shall not be housed in the same kennel enclosure with other species of animal.
6. Recordkeeping Requirements: The kennel operator shall keep available for inspection on the premises a record that shall show the name, current address and telephone number of the owner of each animal kept at the kennel, the description of the animal, including its age (if known) or approximate age, breed, sex and color. As a part of such record, a current valid rabies certificate or other written proof of vaccination, verified by telephone or electronic mail, shall be maintained for each dog required to be vaccinated by this chapter, showing the dog owner's name, address and telephone number; the dog's name and description, including breed, color, sex, month and year of birth; the date of vaccination; and the name and telephone number of the licensing agency verifying the vaccination. In addition, each kennel operator shall have someone in attendance at the kennel that can identify each animal in the kennel, except that animals under four (4) months of age may be identified as to the litter. (Ord. 197, 1-8-2013; amd. 2017 Code)
C. Inspections; Implied Consent: Application for, and issuance of, a kennel license shall constitute consent to inspection of any licensed kennel by any law enforcement officer, animal control officer, building inspector or planning official at any reasonable time, with or without prior notice.
D. Revocation Or Denial Of License:
1. Grounds For Revocation Or Denial: A kennel license may be revoked, or an application for kennel license may be denied, on the basis of any violation of the provisions of subsection B of this section, or when any of the following conditions are found to exist:
a. Animals from such kennel are picked up for running at large more than three (3) times in any twelve (12) month period;
b. Keeping more than the approved number and type of animals at the kennel;
c. Excessive loud noise; or
d. Failure to adequately treat or have treated any diseased or injured animal or to segregate such diseased animal so as to prevent the spread of disease to other animals.
2. Procedure For Revocation Or Denial:
a. Written Notice: Upon a finding by a law enforcement officer, building official or the animal control officer of the existence of one or more of the conditions set forth in subsection D1 of this section, or any other provision of this chapter constituting grounds for revocation or denial, the city clerk shall send written notice of revocation of a kennel license or denial of a kennel license application to the license holder or applicant. Such notice shall include information concerning the requirements for curing such conditions, and shall include information regarding the right to contest the revocation or denial.
b. Cure; Time Limit: A kennel license holder or applicant shall have thirty (30) days from the date of notice of revocation or denial to cure all conditions constituting grounds for revocation or denial.
c. Reinspection Of Kennel:
(1) If the kennel license holder or applicant believes that all conditions constituting grounds for revocation or denial have been cured, the holder or applicant shall contact the city clerk to request an inspection of the kennel. In no event shall such request be made later than twenty one (21) days from the date of notice of revocation or denial. This inspection shall be conducted within seven (7) days after receipt of the request by the city clerk.
(2) If the person performing the inspection finds that all conditions constituting grounds for revocation or denial have been cured, the notice of revocation or denial shall be voided, and the kennel license shall be issued or renewed, as applicable.
(3) If the person performing the inspection finds that any conditions constituting grounds for revocation or denial continue to exist, the notice of revocation or denial shall continue in force, subject to the right of the kennel license holder or applicant to contest such revocation or denial.
d. Revocation Or Denial Final After Thirty Days: If, after the expiration of thirty (30) days from the date of receipt of notice of revocation or denial, any of the conditions constituting grounds for revocation or denial continue to exist and no request for hearing has been filed, the revocation of the kennel license or denial of the application shall be final. A law enforcement officer or the animal control officer shall then be authorized to impound any dogs kept, harbored or possessed anywhere on the real property, including any buildings erected thereon, which was the subject of the kennel license or kennel license application. The law enforcement officer or animal control officer may lawfully enter any such property and/or buildings in the course of performing such impoundment. Upon impoundment, the procedures set forth in section 5-1-20 of this chapter shall apply. Up to two (2) licensed dogs may be allowed to remain on the property, unless a law enforcement officer or animal control officer determines that it is unsafe for the dogs to remain.
3. Procedure For Contesting Revocation Of Kennel License Or Denial Of Application:
a. A kennel license holder or applicant shall have thirty (30) days from the date of notice of revocation or denial to file a written request for a hearing before the city council to contest the revocation or denial; provided, however, that a kennel license holder or applicant who has requested an inspection to determine whether the conditions constituting grounds for revocation or denial continue to exist after an attempt to cure such conditions shall have seven (7) days from the date of the inspection, or the remainder of the thirty (30) day period from the date of notice of revocation or denial, whichever is longer, to file such request.
b. The city council shall hold a hearing at the next available city council meeting after receipt of the written request from the license holder or applicant. The hearing shall be informal, and strict rules of evidence shall not apply. In addition to any evidence present by the city clerk or the law enforcement officer, building official or animal control officer that investigated the issues that led to the revocation or suspension notice, the license holder or applicant may be represented by counsel, present testimony and evidence, and examine witnesses. Evidence and testimony shall be limited to the specific issues relating to the revocation of the license or the denial of the application.
c. The city council shall issue a written decision within twenty eight (28) days after the close of the hearing.
4. Liability For Impoundment: Any costs of care, including, without limitation, necessary veterinary care, of any dogs impounded pursuant to the provisions of this section shall be the responsibility of the dog owner. (Ord. 197, 1-8-2013)