§ 90.10  KENNELS PROHIBITED.
   (A)   The maintenance of a kennel within the city is prohibited.  For purposes of this section, KENNEL shall be defined as the maintaining of more than three dogs for overnight purposes outside of a principal dwelling or building upon a parcel of real property. This prohibition against kennels shall apply to all properties zoned for residential use within the city.
   (B)   There shall be no limit to the number of dogs which may be housed within a dwelling in the city but the prohibition against kennels shall apply to the maintaining for overnight purposes of more than three dogs in any accessory structure or other structure upon the property outside of the dwelling or principal building, including, but not limited to, dog houses, tool or storage sheds, garages or any other permanent or temporary structures.
   (C)   This section shall not limit the number of handicapped assistance animals which may be housed outside of the principal dwelling so long as there is no more than one handicapped assistance animal for any one disabled person upon the premises requiring the use of such animal. This exception is intended to provide equal accessibility for all owners of animals that are trained as assistance animals in a manner that is no less than that required by the Americans with Disabilities Act of 1990, being 42 USC 12101 et seq. For purposes of this section, a HANDICAPPED ASSISTANCE ANIMAL shall be defined to be a guide dog, a signal dog or a service dog.
      (1)   A GUIDE DOG means a seeing eye dog or other dog that meets the definitional criteria under federal regulations adopted to implement Title III of the Americans with Disabilities Act of 1990.
      (2)   A SIGNAL DOG means any dog trained to alert a deaf person or a person who is hearing impaired to intruders or sound.
      (3)   A SERVICE DOG means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including but not limited to minimal protective work, rescue work, pulling a wheelchair, fetching dropped items, or seizure detection.
   (D)   Nothing contained herein shall be construed as allowing for the creation, establishment or maintenance of any commercial facility housing dogs, cats or any other animals, regardless of their numbers.
(Ord. 23-1992, passed 10-8-92)  Penalty, see § 90.99