§ 90.053 RESTRICTION ON NUMBER OF DOGS AND/OR CATS; SPECIAL PERMITS.
   (A)   The intent of the special permit application is to allow responsible pet owners to keep or harbor more than three dogs and/or cats if adequate conditions exist in which the animals will not cause damage, hazard, nuisance or be a detriment to any persons or property.
   (B)   Any person desiring to keep or harbor more than three dogs and/or cats shall submit a written request for a special permit to the Town Council. The special permit request shall include a copy of a site plan of the subject property showing all structures, fences and open space.
   (C)   The Town Council may grant a special permit if the following conditions are met:
      (1)   The subject property is larger than 9,600 square feet. If less than 9,600 square feet, dogs and/or cats must be kept indoors;
      (2)   The dogs and/or cats must be kept indoors; or in a secure area with a fence of sufficient height and durability to prohibit the dogs and/or cats from escaping; or in a secure area effectively controlled by a electronic device; and
      (3)   Adequate shelter as defined in this chapter.
   (D)   Applicants shall not be eligible for a special permit if they are known in the neighborhood or community for causing disruptions related to dogs and/or cats.
   (E)   Special permits are non-transferable. A change in the number or type of dogs and/or cats, or changes in the residence or ownership of the dogs and/or cats shall require a new special permit.
   (F)   The fee for a special permit shall be set by Council from time to time. The special permit fee shall be allocated for animal welfare by the Town Council.
   (G)   A previously approved special permit may be rejected or revoked at any time if the Town Council determines the issuance of a special permit has caused damage, hazard, nuisance, dangerous conditions, or is a detriment to any person or property.
   (H)   Any person aggrieved by the denial or granting of a special permit shall have the right to appeal to the Town Council.
   (I)   Special permits will not be required for verifiable members of an animal welfare agency providing temporary “foster care” for stray/abandoned dogs and/or cats until appropriate disposition can be determined.
(Prior Code, § 3-309) (Ord. passed 11-7-2011) Penalty, see § 90.999