§ 95.41  EXCEPTION TO THE RESTRICTIONS ON THE NUMBER OF DOGS OR CATS.
   (A)   The owner or person who has custody of a dog or cat may retain the puppies or kittens, born of said dog or cat exceeding the permissible numbers set forth in § 95.40 above for 12 weeks after the birth of the animals. If after that time, there are more than three dogs or cats in any combination in any one residence or apartment, the owner or person in custody of the dogs or cats will be in violation of this chapter.
   (B)   Any person who lawfully owned more than three dogs or cats prior to the enactment of this chapter may retain their animals, provided they retain a special permit from the Health Officer. The special permit shall be for a term of one year and no renewal shall be issued without a subsequent inspection. If for any reason an animal is lost, sold, given away or dies and there still remains in the residence or apartment three or more dogs or cats, there can be no replacement of the lost, sold, given or deceased animal. A special permit shall be issued if after an inspection it is determined by the Health Officer that:
      (1)   The animals in the owner's possession are not creating a nuisance;
      (2)   There is adequate waste disposal; and
      (3)   There is no hazard to public safety, health and welfare.
(Ord. 2003-O-020, passed 8-11-03)