(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL DOG KENNEL. The ownership, possession, keeping, or harboring of one or more dogs, over the age of six months, for the purposes of boarding, breeding, feeding, buying, or selling, or raising of such animals, or any of said purposes, or permitting four or more dogs over the age of six months, to be or to remain upon his or her premises.
DOG. Include both male and female.
DOMESTIC DOG KENNEL. The ownership, keeping, or harboring of three dogs, over age of six months, not used for boarding, breeding, buying, selling, or raising, other than as domesticated pets in a residential district. All of said dogs shall be kept confined to the residence of the premises.
OWNER. Person or persons, firms, associations, or corporations owning, possessing, keeping, or harboring a dog or permitting same to be or to remain on or about his or her premises.
(B) Kennel area defined. The area comprising any kennel proposed to be licensed shall be definite and certain, and the same shall be neither enlarged, nor the location thereof changed, without first obtaining the consent of the City Council. No licensee in the feeding of said dogs shall openly expose dead animal flesh, garbage, or refuse, or slaughter or kill any animal within said kennel for the purpose of permitting the dogs to feed upon the same, and provided further, it shall be the duty of the licensee of any kennel to keep the same in a clean state and free from any matter creating offensive odors.
(C) Licensing required. Any person or persons maintaining a dog kennel, as defined above, shall be required to obtain a kennel license. A kennel license may be issued after application is made to the City Clerk and after a public hearing on said application is held before the City Council. At the time of said application for kennel license, the owner shall present to the City Clerk, upon printed forms provided for such purpose, the owner’s name and address, the location, description, and details of said kennel on the premises, the number of dogs to be kept in said kennel, a certificate, or other information showing compliance with all laws and regulations pertaining to dog kennels from the Board of Hearth and the Nebraska Humane Society, and a non-refundable application fee, as established in this section. No kennel shall be maintained nor shall a license be issued to a kennel that creates a nuisance in the immediate neighborhood through noise, odor, or unsanitary conditions. Upon the written complaint of two or more affected persons from different households, filed within any 30-day period with the Police Department or City Clerk, that any kennel has excessive noise, odor, or ordinance violation, or upon the issuance of three citations for ordinance violations pertaining to dogs within a six-month period, said complaint or violation may result in loss of the holder’s license or impoundment or penalty as otherwise provided by this code.
(D) Licensing fee and deadlines. The kennel license application fee shall be $100. A fee of $300 per year shall be charged for a commercial dog kennel license; a fee of $200 per year shall be charged for a domestic dog kennel license for unneutered or unspayed dogs; and a fee of $100 per year shall be charged for domestic dog kennel license with all dogs either spayed or neutered. The person maintaining such kennel shall license the same by May 1 of each year. The license shall be delinquent from and after May 10. Kennel licenses delinquent on or after June 1 shall be required to submit a new application with the required application fee and paper work for resubmission and approval by the Planning Commission and City Council.
(E) License revocation. A kennel license so issued may be revoked after a hearing before the City Council if said kennel is not operating in accordance with applicable city laws. No kennel shall be maintained in a manner which constitutes a nuisance or a disturbance of the peace, or in a manner which creates offensive odors to neighbors. Upon receipt of a complaint as required by this section, the City Council shall set a hearing date to determine whether said license shall be revoked.
(Ord. 629, passed 9-5-2007) Penalty, see § 90.99