(A) It shall be unlawful for any person to own, to keep custody of or to take care of three or more dogs or cats or any combination of three dogs and cats or more, four months or older, which are frequently outside on the premises, unless the person has a permit issued by the town. All applicable regulations in this chapter and § 90.056 apply.
(B) Three or more dogs or cats that remain outdoors for the majority of time must be kept in a fenced side or rear yard and provided sturdy and humane shelter from the weather.
(C) (1) If a person has three or more dogs or cats frequently outside on the premises, the Town Administrator or his or her designee must make the following five findings in order to issue a permit:
(a) Noise from the dogs or cats will not interfere with an abutting occupant’s use and peaceful enjoyment of the property;
(b) Any odor or unsanitary conditions caused by the dogs or cats will not interfere with an abutting occupant’s use and peaceful enjoyment of the property;
(c) Dogs or cats must be flea and tick free and not pose any health problem or disease exposure for abutting occupants or their animals; and
(d) The dogs or cats do not interfere in some other similar manner with the peaceful use and enjoyment of abutting property.
(2) If the town designee denies a person a special permit, the town designee must state the reasons for the denial in writing.
(D) The fee for a permit will be set by the Town Administrator or his or her designee and a permit shall remain valid as long as the person is in compliance with the terms and conditions, if any, of the permit. If any of the circumstances change, such as but not limited to more animals, different breed for a particular dog, new structures or other similar change that might reasonably violate the five standards set forth in division (B) of this section, the permit shall automatically terminate and be null and void. The person must secure a new permit, or the person shall be in violation of this section.
(E) The town designee shall have the authority to revoke the permit at any time if there is a violation of the standards stated in division (B) of this section, for a violation of any term or condition of the permit if there has been any misrepresentation, or for any other similar reason. The town designee shall state in writing the basis of the revocation.
(1995 Code, § 10-97) (Ord. 2005-02, passed - -2005; Ord. 2012-04, passed 10-9-2012) Penalty, see § 10.99