(A) Dog license required.
(1) License required; fee. On or before January 1 each year, all owners or keepers of dogs over four months of age kept, harbored or maintained shall procure a license from the Clerk and pay the assessed fee, which fee shall be set by resolution of the City Council.
(2) Proof of rabies vaccination. The owner shall present at the time application is made for such license, written proof of rabies vaccination including the age, color, sex and breed of the dog, the date of vaccination and the duration of immunity.
(3) Exceptions. The provisions of this division (A) shall not be intended to apply to dogs whose owners are nonresidents temporarily within the city nor to dogs brought into the city for the purpose of participating in any dog show nor to seeing eye dogs properly trained to assist blind persons and such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.
(B) Tag and collar. Upon payment of the license fee, the owner of a dog will be issued a license certificate and metallic tag. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed and worn constantly. In case a dog tag is lost or destroyed, a duplicate will be issued by the Clerk upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of a fee that shall be set by resolution for each duplicate. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owner’s leaving the city before expiration of the license period.
(C) General licensing.
(1) License required. It shall be unlawful to keep, maintain, harbor or possess upon the premises of any household or business any number of dogs that fall within the kennel definitions of § 92.20 of this code unless and until the owner or person in charge thereof shall have obtained a kennel license. In no event shall any dog kennel owner keep more than five adult dogs over the age of eight months on the licensed premises. The fee for such kennel license shall be fixed by resolution of the City Council and shall be issued only after compliance with existing zoning requirements and approval of the City Council and the county’s Humane Society. The fee is in addition to the tag and collar fee outlined in division (B) above. No license to operate a kennel shall be issued to anyone who has been convicted of cruelty to animals.
(2) License valid for. The dog kennel license is valid for 12 months from the date of issue. Application for a renewal license must be received by the city at least 60 days prior to the expiration of the license.
(3) Application for license. The application for a kennel license must contain a written statement from a licensed veterinarian stating that all animals listed on the kennel license application are current on all shots and are in good health with no contagious diseases and that every animal is receiving adequate care. Once the Clerk has received the application, the Clerk will set a public hearing at the next regularly scheduled City Council meeting in order to receive public input.
(4) Renewal. If after one year no complaints are documented, the Clerk shall have the authority to renew the application without notice and hearing. Should there be documented complaints against the particular kennel, the original licensing procedure must be followed.
(5) Public notices. All notices to the public, including but not limited to, advertisements, flyers, posters and all other media venues, of animals for sale shall contain the kennel license number required under this ordinance.
(6) Exemptions. The county’s Humane Society Animal Shelter shall be exempt from all kennel license fees. Veterinary hospitals and grooming establishments shall be exempt from all license fees unless engaged in commercial breeding.
(7) Kennels as primary enclosures and shelters. All outside runs, pens or other containment areas shall be screened from view. There shall be a minimum of 15 feet side and rear set setback for runs, pens or other containment areas and no animals shall be housed within the front yard setback area. All buildings or structures shall conform to state and local building and zoning codes and will be kept clean, dry and in sanitary condition. All interior building or structure surfaces shall be constructed and maintained so that they are water resistant, have sufficient bedding material and can easily be sanitized. All outside runs, pens or other containment areas shall be maintained in a manner to protect the dogs from direct sunlight, allow for adequate ventilation and temperature control and be constructed in a manner to provide for proper containment of the animal. Dogs may not be housed on a temporary or permanent basis in a drum or barrel, regardless of the material of which the drum or barrel is constructed.
(8) Kennel structure specifications. The interior height of all structures shall be at least six inches higher than the head of the tallest dog in the shelter when it is in normal standing position. Primary enclosures shall be constructed and maintained to provide sufficient space to allow each dog to turn about freely and to stand erect, sit and lie down in a comfortable normal position. The structure shall afford each dog sheltered therein at least 25 square feet for a dog weighing 25 pounds or less, 50 square feet for a dog weighing between 26 and 45 pounds and 100 square feet for a dog weighing more than 45 pounds. Each bitch with nursing puppies shall be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices as determined in advance and in writing by the attending veterinarian.
(9) Food, water and bedding requirements. Dogs kept in kennels shall be fed at least once a day. The food shall be free from contamination, shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirement for the condition and size of the dogs, unless the owner has a written letter from a licensed veterinarian stating otherwise. Fresh water is to be available at all times. Water receptacles shall be mounted or secured in a manner that prevents tipping. Food and water receptacles shall be accessible to dogs kept in the kennel and shall be located to avoid contamination. All bedding shall be kept clean, dry and free of contamination and excreta.
(10) Sanitation.
(a) Excreta shall be removed from the primary enclosure and shelter, including any floor area or ground surface on a daily basis including under the shelter.
(b) Primary enclosures, shelters and under shelters shall be sanitized and disinfected a minimum of once daily and as often as necessary to prevent an accumulation of debris or excreta or a disease hazard.
(c) A dog may not be placed in a primary enclosure or shelter previously occupied unless the enclosure or shelter has been sanitized.
(11) Violation. It shall be unlawful for any person to commit any act or fail to perform any requirement which is prohibited or required by this section. The violation may result in revocation of the kennel license and/or impoundment of animals at the owner’s cost. Violations are hereby declared to be an infraction.
(12) Noncommercial kennels. A noncommercial kennel owner having more dogs than this ordinance allows at the time of the enactment of this subchapter and who affirms the same within 45 days from the effective date of this ordinance with the Clerk, may keep the number of dogs as a noncommercial kennel upon the following conditions: these dogs may not be replaced at death or removal for any other cause. Eventually the number of dogs shall be reduced to not more than five dogs. The owner must be licensed.
(D) Unlicensed dogs. It shall be unlawful for any person to keep, harbor, maintain or feed any dog for which no license fee has been paid, or upon which no tag has been placed. The Animal Control Officer shall have the authority to take up and impound any dog not so licensed and tagged.
(Prior Code, § 5-3B-2) (Ord. 87-509, passed 6-1-1987; Ord. 99-608, passed 4-8-1999; Ord. 04-663, passed 7-21-2004; Ord. 05-694, passed 7-6-2005; Ord. 15-809, passed 10-7-2015) Penalty, see § 92.99