A. Commercial Permits: It shall be unlawful for any person to operate or maintain a kennel, cattery, pet shop, groomery, riding stable or any similar establishment unless such person first obtains a regulatory permit from the animal control service, 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 animal control service. The maintenance of such permit is conditional upon continued inspection by the service and its determination that the operation is safe, that the care of the animals is or will be proper, and the facility presents a good appearance in addition to the other requirements of this chapter.
1. Commercial Kennel: No person shall operate or maintain a dog kennel without first obtaining a business license. All applications for a license to operate or maintain a dog kennel shall be submitted in writing to the department of animal control. Upon the approval of the supervisor of animal control, the application shall then be referred to the building inspector and upon his approval, the city shall issue the business license upon payment of the fee hereinafter provided. It shall be unlawful for any person to conduct, operate or maintain a "kennel", as defined by this chapter, in any area not zoned for such use by the zoning ordinances of the city.
B. Display Of Permit; Change In Ownership; Transferability: A valid permit shall be posted in a conspicuous place in each establishment, and said permit shall be considered as pertinent to the premises and not transferable to another location. The permittee shall notify the animal control service within thirty (30) days of any change in his or her 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 animal control service immediately. Permits shall not be transferable from one owner to another.
C. Renewal Of Permit: Any permit issued pursuant to this section shall automatically expire on December 31 immediately following date of issue. Within two (2) months prior to the expiration of the permit, the permittee shall apply for a renewal of the permit and pay the required fee. Any application made after December 31, except an application for a new establishment opening subsequent to that date, shall be accompanied by a late application fee in addition to the regular permit fee.
D. Fee For Permit: Permit fees for kennels, catteries, groomeries, pet shops, veterinary clinics or hospitals shall be as established in section 1-12-4 of this code.
E. 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 section.
F. Inspections: All establishments required to obtain permits under this chapter, including holders of sportsman's permits, shall be subject to periodic inspections, and the inspector shall make a report of such inspection, with a copy to be filed with animal control.
G. Suspension Or Revocation Of Permit:
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.
b. Violation of any of the provisions of this chapter, or any other law or regulation governing the establishment, including noise, building and zoning ordinances.
c. Conviction on a charge of cruelty to animals.
2. Procedure: If an inspection of kennels, catteries, groomeries, pet shops, riding stables, veterinary clinics or hospitals, or the premises of the holder of a sportsman's 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 failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit.
3. Notice Requirements: Any permit granted under this section may be suspended or revoked by the city council for violations listed in subsection G1 of this section. A minimum of five (5) days' notice shall be given to the permittee advising him of the date and time for such hearing and listing the cause or causes for such suspension or revocation. 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 and until all requirements of this chapter have been met.
4. Emergency Suspension: Notwithstanding the other provisions of this chapter, when the inspecting officer finds unsanitary or other conditions in the operation of kennels, catteries, groomeries, veterinary clinics or hospitals, riding stables, pet shops, or any similar establishments, or premises of the holder of a sportsman's permit which, in his or her judgment, constitutes a substantial hazard to public health, he or she may, without warning or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken. Such order may state that the permit is immediately suspended and all operations are to be discontinued. Any person to whom such an order is issued shall comply immediately therewith. Any animals at such a facility may be confiscated by animal control and impounded or otherwise provided for according to the provisions of this chapter.
5. Service Of Notice: Notice provided for under this subsection 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 holder. A copy of such notice shall be filed with the records of animal control. (Ord. 750, 1-5-2010)