(a) The Manager may grant a permit to any person to keep, harbor or permit within the Municipality any animal listed in Section 505.01(b) or more than three dogs or three cats. Such permit may be for any period not to exceed one year and such permit shall set forth the kind and number of animals allowed. Further, the permit may contain other conditions and restrictions in order to carry out the purposes of this section.
(b) The purpose of the permit system established by this section is to balance the needs of individual property owners to have animals for their own use and enjoyment while at the same time protecting the rights of the property owners and inhabitants of the Village in general to be free of offensive noises, smells and other conditions unsuitable or unsafe in the confines of the Village. In determining whether to issue a permit and the conditions and restrictions of such permit, the Manager shall consider:
(1) The nature of the particular area as to its being residential, industrial, commercial, or agricultural;
(2) The size of the applicant’s property and its proximity to residences, parks, or commercial establishments;
(3) The visibility of the applicant’s property from residences, commercial establishments, and public ways;
(4) The consent or objection by surrounding residents;
(5) The needs and well being of the community as a whole.
(c) The Manager may establish a fee for such permits, provided that such fee shall not exceed twenty-five dollars ($25.00) per year.
(d) Any person who is refused a permit or who objects to one or more of the restrictions or conditions of the permit shall have the right to appeal the Manager’s decision within five days of notification of such decision to the Animal Permit Board of Appeals (APBA). The APBA shall consist of the President of Council, Clerk of Council, and the Fire Chief. The notice of appeal shall be filed with the Clerk of Council who shall act as secretary of the APBA. The APBA shall set a time and place for the hearing on the appeal and notice of such hearing shall be given to the Manager and to the appellant. The APBA may affirm, overrule or modify the decision of the Manager. Notice of the decision of the APBA shall be filed in the office of the Clerk of Council and shall be given to both the appellant and the Manager and such decision shall be final.
(e) In the event a permit holder breaches any condition or restrictions of the permit, the Manager, upon ten days’ written notice, shall be authorized to revoke such permit. Revocation of the permit may be appealed to the APBA within five days of receipt of the notice of revocation. The procedure for appeal shall be as set forth in subsection (d).
(f) In all matters relating to permits, notice shall be deemed to have been received on the date set forth on the post office certified mail receipt card when it has been sent by certified mail, return receipt requested, to the permit holder’s or applicant’s address as set forth in his permit application. Service of any notice may also be by personal service or, in the event a permit holder or applicant cannot be located and if certified mail is returned as being undeliverable or unclaimed, service may be made by posting a copy of the notice on the subject premises. In such event, posting shall constitute receipt of notice.
(g) Permit holders shall be deemed to be not in violation of Section 505.02 provided that the conditions and restrictions of the permit are fully complied with.
(Ord. 1126. Passed 8-9-99; Ord. 1145. Passed 7-10-00.)