(A) Maximum number; exceptions. It shall be unlawful and a public nuisance for any person in charge of a residence to keep or allow to be kept more than 4 dogs or cats, or any combination of animals exceeding 4 in number, over the age of 90 days at the residence, unless the residence or the owner of the dogs and cats kept there is within 1 or more of the following exceptions:
(1) The residence is licensed as a commercial animal establishment; or
(2) The owner of the dogs and cats over 90 days of age has applied for and received a permit to keep dogs and cats in excess of 4 as provided for under this section and, upon request of any officer, presents for inspection the permit.
(B) Application for permit.
(1) Application for a permit as provided for under this section shall be made in writing to the Animal Control Commission on a form furnished by the Commission. The application shall state:
(a) The name and address of the owner of the dogs or cats;
(b) The breed, color, age and sex of the dogs or cats;
(c) Whether the dogs or cats are licensed under this chapter;
(d) Whether the dogs or cats are neutered, spayed or intact;
(e) Such other information as may identify the dogs or cats; and
(f) Such other information as the Animal Control Commission may require.
(2) The application shall certify to the information contained in the application under penalty of law for the willful making of any untrue statement. The application shall further state, by making and signing the application, that the applicant consents to an inspection of premises where the animals are kept. Failure to allow the inspection of premises shall result in denial of the application.
(C) Issuance of permit; revocation; expiration. Upon receipt of an application for a permit provided for under this section, the Animal Control Commission or a duly authorized representative shall investigate the premises and the manner in which the dogs or cats are kept. A permit shall be issued only if the locating and the keeping of the dogs and cats is, in the opinion of the Animal Control Commission, such as not to be a health hazard or nuisance to the surrounding neighborhood. An attempt shall be made as a part of the application investigation to contact the neighbors, as defined in § 90.06(A)(2), in order to determine if they have any objection to the issuance of the permit. A permit issued under the provisions of this section may be revoked by the Animal Control Commission for the violation by the holder of the permit of any provision of this section or any other applicable provision of this chapter. All permits issued under the provisions of this section shall be valid for a period of 2 years of their issuance.
(D) Animal Control Commission. An animal control commission is hereby created, which shall consist of the Chief of Police and 4 members nominated by the Mayor and approved by a majority vote of all members of the Council. Each member of the Commission except the Chief of Police shall serve a term of 4 years unless re-appointed, and shall be removable only for good and sufficient cause by the City Council. The members of the Commission except the Chief of Police shall serve without compensation and may be required, in the discretion of the City Council, to give a bond in a sum set by resolution of the City Council, and conditioned upon the faithful performance of their duties. One member of the Commission shall be the Chief of Police, who shall act as Director of the Commission. The Commission shall further consist of a licensed veterinarian and 3 other members. The Commission shall organize at the first meeting in June of each year. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the minutes and records with the City Clerk, where they shall be available for public inspection at any reasonable time. The Commission shall meet at such times as the City Council may designate, and special meetings may be held upon the call of the Director or any 3 members of the Commission, to consider the issuance or revocation of permits. An affirmative vote of 3 members shall be necessary to grant or approve a permit.
(E) Violations. When animals in excess of the limit established in this section are found at a residence, the owner of the animals shall have 72 hours to comply with this section. Failure to comply within 72 hours shall constitute a violation of this section and shall be punished as provided for in § 90.99(A)(1). Any combination of dogs or cats in excess of 4 in number shall be considered 1 violation of this section, but each day in violation shall constitute a separate offense.
(F) Review of issuance or revocation of permit. The issuance or revocation of a permit shall be reviewable by the City Council, upon request of any interested party. The request for the City Council to review the issuance or revocation of a permit shall be in writing to the City Clerk, requesting that it be included on the agenda of the next regularly scheduled meeting of the City Council. In reviewing the Commission’s action, the City Council may approve, disapprove or take no action at all, which in the latter case shall mean that the Commission’s action shall stand. As part of this review process, the Council shall have the power to grant or revoke a permit.
(Prior Code, § 6-107) (Ord. 3246, § 1, 7-20-1999) Penalty, see § 90.99