(A) It is unlawful for any person, group of persons in the same dwelling, or family, to keep, harbor, maintain or knowingly permit within the city more than four cats and/or three dogs, over six months of age, without first having obtained a kennel license from the city as herein provided. This section shall not apply to licensed veterinarian hospitals or animal shelters, but it is intended to apply to keeping or maintaining kennels where cats and dogs are kept for breeding, sale, sporting purposes, boarding, or for the enjoyment of the household. Any person keeping or maintaining a kennel shall make application to the city for said kennel license, shall be authorized or denied at the discretion of the chief of police.
(B) Kennel licensing procedure.
(1) All applications for a kennel license, including applications for renewal or reinstatement, shall be reviewed by the chief of police or designee, who shall inspect the premises of the proposed kennel and make findings, as set forth herein, regarding said application.
(2) All kennel licenses shall be for a designated purpose, and a specific number and type of cats and dogs. Licenses shall not be transferable from one person to another person or place.
(3) New kennel licenses shall only be issued after the chief of police or designee, upon appropriate inspection of the applicant's proposed kennel and other appropriate investigation, approves the application. The application must be accompanied by written approval (i.e., petition format) of the application of the property owners within 200 feet in any direction from the property line of the residence of the applicant. Names and addresses of the property owners and/or occupants shall be supplied by the applicant. The form will be provided by the city and shall specify the name and address of the applicant, the name and address of the owner of record of the property, a brief statement of the nature of the kennel license application, including the number and type of cats or dogs proposed in the application and reference to the procedures described herein. Applicant's failure to properly complete and deliver all notice forms constitute cause to deny the application or revoke the kennel license.
(4) The chief of police or designee, in approving a kennel license, shall determine:
(a) That all animals listed on the kennel license application possess current city pet licenses;
(b) That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, fences and enclosures are adequate to properly relate such use with the land and uses in the vicinity;
(c) That the proposed use will have minimal adverse effect on abutting properties or residents within the affected area; and
(d) That any conditions stated in the approval are deemed necessary and shall apply and be followed by the applicant and the property owner as a condition of approval.
(5) Upon granting a kennel license, the chief of police or designee may thereafter inspect the premises to ensure compliance with this chapter and ensure the health and welfare of the animals.
(6) A kennel license holder shall notify the chief of police or designee of any change in the operations which may affect the license and shall keep the chief of police apprised of any change in name, use, or location of said kennel, including, but not limited to, changes in animals and numbers of either cats or dogs listed on the original kennel license application.
(C) The kennel license fee shall be in an amount as set by resolution of the city council, and the license shall expire on December 31 of each year, unless sooner revoked. License fees shall be reduced by 50% if application is made, and subsequently approved, between July 1 and December 31. The kennel license application fee is nonrefundable.
(D) Upon a complaint being made to the chief of police or designee that a licensed kennel is being operated in an improper manner. After finding the kennel was operated improperly, as a nuisance, or a condition existed that would preclude the issuance of a license, the chief of police or designee may revoke the license of such kennel, after providing the licensee a minimum of 72 hours. The licensee may, at the discretion of the chief of police or designee be provided up to 15 days to mitigate an offending condition and thus have the license reinstated. Reinstatement findings by the chief of police or designee shall be made only after conduction of a subsequent site inspection and report stating that each offending condition of the kennel in question was satisfactorily corrected and the kennel complies with conditions set forth in this chapter.
(E) Upon annual re-application for a kennel license renewal, an inspection of the premises, in accordance with division B of this section, may be waived by the chief of police or designee, unless conditions listed in division D of this section are found to exist.
(F) Decisions by the chief of police or designee to approve or deny a kennel license application, revoke an existing kennel license or reinstate a revoked kennel license may be appealed to the city council. A written request for an appeal hearing before the city council shall be submitted to the mayor. Any appeal of a kennel license application approval or denial, or appeal of an existing kennel license revocation or reinstatement decision by the chief of police shall be in writing wherein the appellant shall set forth the specific provisions of the decision being appealed. Written notice of an appeal of a kennel license application approval or denial or existing kennel license revocation or reinstatement, including specific provisions of the decision being appealed and the date, time and location of the subsequent city council appeal hearing as set by the city council, shall thereafter be provided by the applicant to all owners of real property within 200 feet of the site in question, including the property owner if the site in question is not owned by the applicant, at least 15 days prior to the scheduled hearing. Applicant's failure to properly complete and deliver all appeal notice forms may constitute cause to deny the appeal. Upon review of an appeal, the city council shall have the authority to affirm, modify, or reverse the findings of the chief of police or designee. Council affirmation, modification or reversal of a decision made by the chief of police or designee shall be final and binding.
(Ord. 2022-05, passed 10-26-2022)