(A) Prohibitions. There shall be no kennels in the city except as by exception listed below.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
KENNEL. Any location wherein or whereon three or more dogs are kept for the purpose of breeding, sale, are temporarily boarded or for sporting purposes.
(C) Dog limits.
(1) Wherein any person, firm or corporation does have more than three dogs, prior to the effective date of the ordinance from which the provisions of this section derive, which are kept for the purpose of breeding, sale, boarding or sporting purposes, said person, firm or corporation shall make written application to the City Council requesting permission to continue to keep more than three dogs for said purposes.
(2) For consideration on such application, the City Clerk shall notify the residents directly to the north, south, east and west of the subjects property. The City Council has the authority to review the application and either grant or deny the applicant’s request after consideration of the following criteria:
(a) The total number of dogs kept on subjects premises prior to the effective date of the ordinance from which the provisions of this section derive and should be able to verify the breed and licensure of each dog;
(b) The intent and circumstances surrounding the request, along with information regarding the place where said applicant proposes to keep said dogs and the distance from such place of keeping to the public streets and the property lines of the applicant’s premises; and
(c) Convictions, pending violations and complaints pertaining to this section or its predecessor made against the applicant or any resident of the premises where the animals are proposed to be kept.
(3) (a) If permission to keep said dogs is granted, it shall be approved by motion and noted in the minutes of the City Council. Such permission shall be personal to the applicant and remain effective only until such date that said person, firm or corporation sells and/or vacates the property or for another period of time as determined by City Council. Such permission is subject to all other rules and regulations of this section. Failure to comply with such rules and regulations shall be sufficient grounds for penalty provisions of § 93.41(A) as well as revocation of such permission by City Council to operate such kennel.
(b) Any person, firm or corporation granted permission by the City Council to allow dogs in violation on the effective date of the ordinance from which the provisions of this section derive is expected to comply with this section that, as such time that the dogs are sold, given up or die, they shall not be replaced so eventually there is compliance.
(Ord. 123, passed 4-16-1996) Penalty, see § 10.99