(A) Definition. The keeping of three or more dogs or five or more cats on the same premises for the purposes of breeding, boarding, buying or selling, whether owned by the same person shall constitute a KENNEL. Excepted from this definition shall be a fresh litter of pups or kittens, as long as the pups or kittens are kept for a period of less than three months. In addition, animals that are owned by a single family and are not kept for the purposes of breeding, boarding, buying or selling are exempted from this chapter as long as the owner follows the requirements outlined in division (C) below.
(B) Kennels prohibited. Because the keeping of three or more dogs or five or more cats on the same premises is subject to great abuse, causing discomfort to persons of the area, by way of smell, noise, hazard, and general aesthetic depreciation, the keeping of a kennel on the premises is hereby declared to be a nuisance, and no person shall keep or maintain a kennel within the city. In addition, no animal owner may keep more than three dogs or five cats without following the requirements of division (C) below.
(C) Special licenses. If an individual or family owns more that three dogs or more than five cats and they do not breed, board, buy or sell those animals, then the individual or family may apply to the city for a special permit allowing them to have more than three dogs or five cats.
(1) The city shall require the applicant to fill out an application and certify the following information:
(a) The number of animals that they plan on keeping, if they plan on having a variable number of animals the application must state the minimum and maximum number of the animals that are expected;
(b) The applicant must certify that the animals are not being kept for the purposes of breeding, boarding, buying or selling;
(c) The property will need to be inspected to ensure that it has adequate facilities to house the number of animals proposed, and that the facilities will not cause a nuisance to the neighboring properties or the city as a whole;
(d) The applicant cannot have more than one violation of § 90.06 regarding the property in any period of 12 months;
(e) The applicant must not have animals that meet the definition of a dangerous animal as defined under § 90.07 or state law; and
(f) The City Council may set by resolution further restrictions on the granting of these permits, including locations where they will not be allowed.
(2) The applicant shall apply for the permit on an annual basis on a form approved by the city. The city may require an extra permit fee as determined by resolution. All other provisions of this chapter must be followed by the applicant.
(Ord. 267, passed 7-7-2008) Penalty, see § 90.99