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A. Kennel Licenses:
1. Any person wishing to operate or maintain a kennel, cattery, pet shop or groomery must first obtain a kennel license from the department of animal control. Said kennel license shall be issued upon payment of the fee and a statement from the planning department or appropriate city official that a kennel is a permitted use 1 under the zoning regulations in effect for the area of the proposed kennel.
2. A valid kennel license shall be posted in a conspicuous place in each establishment and said license shall be considered as appurtenant to the premises and not transferable to another location. The licensee shall notify the department of animal control within thirty (30) days of any change in his establishment or operation which may affect the status of his license. In the event of a change in ownership of the establishment, the licensee shall notify the department of animal control immediately. Licenses shall not be transferable from one owner to another.
3. Any license issued pursuant to this subsection shall automatically expire on December 31, immediately following the date of issue. During the first three (3) months of each year, the licensee shall apply for a renewal of the license and pay the required fee. Any application made after March 31, except an application for a new establishment opening subsequent to that date, shall be accompanied by a late application fee in addition to the regular license fee. (1999 R.O. § 25-7-1)
B. Standards For Permitted Establishments:
1. Rules And Regulations Established: The department of animal control shall promulgate rules and regulations governing the operation of kennels, catteries, groomeries and pet shops. Such rules and regulations shall provide for the type of structures, buildings, pens, cages, runways or yards required for the animal sought to be kept, harbored or confined on such premises; the manner in which food, water and sanitation facilities will be provided to such animals; measures relating to the health of said animals, the control of noise and odors, and the protection of persons or property adjacent to the premises; and other such matters as the director shall deem necessary. Such rules and regulations shall have the effect of law, and violation of such rules and regulations shall be deemed a violation of this section and grounds for revocation of a license issued by the department of animal control.
2. Additional Dogs Permitted; Conditions: Where permitted by the city council, owners of purebred dogs may obtain a license to keep up to five (5) dogs in a residential area provided:
a. Such dogs are individually licensed;
b. Such dogs are registered with a national registry (AKC, UKC, Field Dog);
c. Approval is granted by the appropriate zoning authority and department of animal control;
d. Adequate runs (not necessarily concrete) are provided;
e. Other provisions of this chapter are complied with, and no dog or premises is deemed to be a nuisance.
3. Maintaining Litter: The holder of a license issued under this section may keep one litter intact until the dogs reach six (6) months of age; one animal from the litter may be retained until it reaches twelve (12) months of age. At no time may the holder of the license retain more than six (6) dogs over six (6) months of age or more than five (5) dogs over one year of age. (1999 R.O. § 25-7-2)
C. Suspension Or Revocation Of License:
1. Grounds: A license may be suspended or revoked or a license application rejected on any one or more of the following grounds:
a. Falsification of facts in a license application;
b. Violation of any of the provisions of this section or any other law or regulation governing the establishment, including noise;
c. Conviction on a charge of cruelty to animals.
2. Procedure: If an inspection of a kennel, cattery, groomery or pet shop reveals a violation of this section, the inspector shall notify the license holder or operator of such violation by means of an inspection report form or other written notice. The notification shall:
a. Set forth the specific violations found;
b. Establish a specific and reasonable period of time for the correction of the violations found;
c. State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the license. (1999 R.O. § 25-7-3)
D. Emergency Suspension:
1. Notice: Notwithstanding the other provisions of this chapter, when the inspecting officer finds unsanitary or other conditions in the operation of kennels, catteries, groomeries, pet shops or a similar establishment, which in his judgment constitute a substantial hazard to public health, he may, without warning or hearing, issue a written notice to the license holder or operator citing such condition and specifying the corrective action to be taken. Such order may state that the license is immediately suspended and all operations are to be discontinued. Any person to whom such an order is issued shall comply immediately therewith. Any animals at such a facility may be confiscated by the animal control department and impounded or otherwise provided for according to the provisions of this chapter.
2. Service Of Notice: Notice provided for under this section shall be deemed to have been properly served when the original of law inspection report form or other notice has been delivered personally to the license holder or person in charge, or such notice has been sent by certified mail to the last known address of the license holder. A copy of such notice shall be filed with the records of the department of animal control. (1999 R.O. § 25-7-4)
E. Interference With Officers Prohibited: It is unlawful for any person to do any act which hinders, delays, interferes with or obstructs any animal control officer while engaging in the discharge of their duties, including furnishing false information to such officer. (1999 R.O. § 25-7-5)
F. Fees For License: License fees for kennels, catteries, groomeries, pet shops, veterinary clinics or hospitals shall be in such amounts as established by resolution of the city council. (1999 R.O. § 25-7-6; amd. 2008 Code)
1. See section 10-9-1 of this code.