A. Licensing And Registration Of Dogs:
1. Required: It shall be unlawful for any person to own, keep, harbor or maintain a dog over the age of four (4) months, without registering and obtaining a license for such dog from the animal control department or authorized vendor. The registering and licensing period shall begin with the calendar year and shall run for one year. A license application may be made thirty (30) days prior to, and up to sixty (60) days after, the start of the calendar year (January 1). All dogs brought into the city shall require registering and licensing within thirty (30) days after they enter the city, or within thirty (30) days after having reached the age of four (4) months. Persons who fail to obtain a license, as required, within the time period specified in this section will be subject to an additional licensing "late fee". (1982 Code § 13-203; amd. 2003 Code)
2. Spay Or Neuter: No dog shall be licensed as spayed or neutered without proof that the surgery has been performed.
3. Rabies Inoculation: Proof that the dog has a current rabies inoculation shall be presented at the time the license is applied for. Proof must be in writing and must include the licensed veterinarian who administered the vaccine.
B. Exemptions For Licensing: The provisions of subsection A of this section shall not apply to the following:
1. Altered And Owned By Senior Citizen: Persons sixty five (65) years of age or older may obtain a dog license for a spayed or neutered dog for a reduced fee. This shall be known as an "altered and owned by a senior citizen" license.
2. Specified: No city license required for:
a. Licensed dogs, whose owners are nonresidents, temporarily (up to 30 days) within the city; provided, however, that licensed dogs whose owners remain within the city longer than thirty (30) days may transfer current license from another city to the city upon payment of a "transfer fee" and proof of current rabies vaccination.
b. Individual dogs within a properly licensed kennel or other such establishment.
c. Dogs temporarily in the possession of persons or organizations for the purpose of training such dogs, to assist the handicapped when such dogs are properly tagged and under the supervision of legitimate trainers.
d. Guide dogs, if such dogs are actually being used by physically handicapped persons for the purpose of answering their needs.
e. Government working dogs, which are owned or maintained by such agencies.
Not withstanding the foregoing, nothing in this section shall be construed so as to exempt any dog from having a current rabies vaccination every two (2) years.
C. Tag And Collar Required: Upon payment of the license fee, there shall be issued to the owner, a metallic tag for each dog, so licensed. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In the event a dog tag is lost or destroyed, a duplicate will be issued by the animal control department, upon presentation of a receipt showing payment of the license fee, and payment of a "duplicate license" fee. The license shall not be transferable from one dog to another, and no refund shall be made on any dog license for any reason whatsoever.
D. Removal Of Tag Unlawful: It shall be unlawful to deprive a registered dog of its collar and/or its tag.
E. Kennel/Cattery License: It shall be unlawful for any person to operate or maintain a "kennel" or "cattery", as defined in section 5-1-1 of this chapter, without first obtaining a "kennel license" or "cattery license" from the city, which license shall be in addition to all other required business, zoning, inspections and permits as required by the city. Animal owners, making application for a kennel or cattery license, shall first seek approval from the planning commission for a conditional use permit (if they do not already have such a permit) with final approval from the city council. Kennel or cattery licenses shall also be valid for a one year period. No kennel or cattery license shall be issued to any residence within any neighborhood, with zoning regulations that prohibit the same. Licenses shall not be transferable from one owner to another.
F. Number Of Cats And/Or Dogs Per Residence: No person or persons, at any one residence, within the jurisdiction of this chapter, shall at any one time own, harbor, license or maintain more than three (3) cats and/or three (3) dogs, in any combination, except as otherwise provided in this chapter.
G. Conditional Use Permits: It shall be unlawful for any person to operate a kennel or cattery unless such person first obtains a conditional use permit from the planning commission with final approval of the city council, which permit shall be in addition to all other required licenses. All applications for permits to operate such establishments shall be submitted, together with the required permit fee, on a printed form, provided by the city recorder. Before the permit is issued, approval shall be granted by the planning commission; with final approval granted by the city council and a final inspection being made by the building inspector prior to issuance of permit. Establishments in existence prior to the effective date hereof, shall obtain such conditional use permit within ninety (90) days of written notification of the building inspector that such a permit is necessary. (1982 Code § 13-203)
H. Display Of Permit: A valid permit shall be posted in a conspicuous place in each establishment, and said permit shall be considered as appurtenant to the premises, and not transferable to another location. The permittee shall notify the city recorder within thirty (30) days of any change of its establishment, or operation which may affect the status of the permit. In the event of a change in ownership of the establishment, the permittee shall notify the city recorder immediately. Permits shall not be transferable from one owner to another. (1982 Code § 13-203; amd. 2003 Code)
I. Renewal Of Permit: Any permit issued pursuant to this section, shall be due and payable January 2 of each year. If not paid when due, a late fee of fifty percent (50%) shall be added February 1. After March 1, cost will be double the license fee amount.
J. Exemptions: Research facilities, where bona fide medical or related research is being conducted, humane shelters and other animal establishments, operated by state or local government, or which are licensed by federal law, are excluded from the licensing requirements of this chapter.
K. Inspections: All establishments, with facilities for the maintaining of animals, shall be subject to periodic inspections, and the inspector shall make a report of such inspection with a copy to be filed with the city recorder and the department of animal control.
L. Suspension Or Revocation Of Conditional Use Permit And/Or License:
1. Grounds: A permit may be suspended or revoked or a permit application rejected on any one or more of the following grounds:
a. Falsification of facts in a permit application; or
b. Violation of any of the provisions of this chapter or any other regulation governing the establishment, including noise, building and zoning ordinances, or maintaining or selling illegal species; or
c. Conviction of a charge of cruelty to animals.
2. Procedure: If an inspection of any facility operating with a regulatory permit reveals a violation of this chapter, the inspector shall notify the permit 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 violation found.
b. Establish a specific and reasonable period of time for the correction of the violation found.
c. State that any failure to comply with any notice issued, in accordance with the provisions of this chapter, shall result in immediate suspension of the permit.
d. State that an opportunity for an appeal from any notice of inspection finding shall be provided, if a written request for hearing is filed with the city recorder within five (5) days of the date of notice.
3. Notice: Upon request of a hearing, a minimum of five (5) days' notice shall be given to the permittee advising him of the date and time of such hearing, and listing the cause or causes for such suspension or revocation.
4. Issuance Of New Permit: No new permit shall be issued to any person whose permit has been previously revoked, except upon application for a new permit, accompanied by the required application fee and unless or until all requirements of this chapter have been met.
5. Applicability: Any permit granted under this chapter may be suspended or revoked by the city council and/or animal control department with approval from the city council for violations listed in this chapter.
M. Notice Served: Notice provided for under this chapter shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered, personally, to the permit holder or person in charge; or such notice has been sent by certified mail to the last known address of the permit or license holder. A copy of such notice shall be filed with the records of the animal control department and with the city recorder's office. (1982 Code § 13-203)