5-3-8-6: COMMERCIAL KENNELS:
   A.   License And Inspections Required:
      1.   No person shall operate a commercial kennel without first obtaining a license from the city clerk. The license shall not be transferable between persons or locations. A written application for such license shall be filed with the city clerk, which shall contain the name and address of the applicant, the location of the proposed commercial kennel and such other information as may be required by the clerk. The license year for a commercial kennel license shall be from July 1 to June 30. The annual license fee shall be fifty dollars ($50.00), which shall also be charged, without proration, for periods of less than a year.
      2.   Upon application for a license or permit, the humane officer, health officer or designee shall conduct an inspection of the premises to be licensed. If the requirements of this section and applicable state and other laws are met, the humane officer, health officer or designee shall notify the city clerk and the city clerk shall issue the appropriate license.
      3.   After issuance of the license, inspections shall be made as necessary to ensure compliance with the provisions of this section.
      4.   Acceptance of a license issued under this section shall be deemed consent to reasonable inspections to ensure compliance herewith.
   B.   Operation: Commercial kennels shall be operated in accordance with the following requirements:
      1.   Enclosures must be provided which shall allow adequate protection against weather extremes.
      2.   Building temperature shall be maintained at a comfortable level for the animals kept therein. Adequate ventilation shall be maintained to promote health and odor control. Commercial kennels housing small breed dogs must house those dogs in indoor facilities minimally heated to fifty five degrees Fahrenheit (55°F). Any questions concerning definition of breeds that are considered "small breed" in this procedure will be defined by the humane officer.
      3.   All animal pens or enclosures shall be sufficiently large to permit freedom of movement to the animals confined therein.
      4.   The floor and walls of any room in which animals are kept shall be covered with impervious, smooth, cleanable surface. Wood which animals can bite, chew, claw or any way have contact with is not considered impervious. Unsealed wood or rusted metal is not considered impervious.
      5.   Runs shall provide an adequate exercise area and protection from the weather. Minimal outdoor exercise area of ten feet by four feet (10' x 4') must be provided for all breeds.
      6.   Cleaning and sanitizing of cages and runs must be done at a minimum of once per day and as often as necessary to prevent any odor nuisance.
      7.   Cages can contain no more than two (2) dogs with the exception of females with puppies or a litter of puppies up to five (5) months of age.
      8.   Food shall be free from contamination, wholesome, palatable and sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of animal.
      9.   All animals shall have potable water available at all times.
      10.   No dog or cat shall be accepted for boarding, training or sale unless it has been vaccinated for rabies, and proof of such vaccination has been furnished to the kennel operation; provided, however, that this requirement shall not be necessary if the dog or cat is under five (5) months of age.
      11.   Any animal that appears to be ill shall be promptly examined by a veterinarian of the owner's choice, if known, or by the veterinarian employed by the licensee and a record kept of the examination and treatment.
   C.   Suspension Or Revocation Of License: A license issued under this section may be suspended or revoked during its term for failure or refusal to comply with the provisions of this section or with any other governmental law, rule or regulation governing the keeping or protection of animals. The licensee shall be entitled to due notice and hearing before the common council.
   D.   Violation; Penalty: Any person who violates any provision of this section shall forfeit not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense. Each and every day that this section is violated shall constitute a separate offense for which a forfeiture may be imposed. (1975 Code Ch. 11 § VIII)