(A) Allowable number of dogs. Except as otherwise provided in this section, not more than two dogs which are three months of age or older shall be kept on any premises at any time. This provision shall not apply to licensed kennels, grooming parlors, veterinary clinics or approved, licensed adoption agencies.
(B) Permit required.
(1) No person shall operate or maintain a kennel without first obtaining a permit from the division of animal control with jurisdiction over those premises.
(2) All applications for permits to operate or maintain a kennel shall be submitted in writing upon printed forms provided for such purposes by the jurisdiction. The application shall first be referred to the animal control officer. Upon approval, the jurisdiction shall issue the permit upon payment of the fee herein provided.
(3) Before the permit can be issued, the following conditions concerning the location of the kennel must be met:
(a) The location where the dogs are kept, raised, housed or boarded must be 60 feet away from any neighboring house;
(b) Must conform to existing easements, setbacks and zoning requirements. Approval of the Zoning Administrator of the jurisdiction shall be required prior to permit issuance; and
(c) Fencing which eliminates public sight into and out of the kennel is required.
(4) The following minimum standards shall be complied with to obtain and maintain a kennel permit.
(a) An enclosure must be provided, which shall allow adequate protection against weather extremes. Floors of buildings, runs and walls shall be of an appropriate material as required by the specific breed of animal and also to permit proper cleaning and disinfecting.
(b) Adequate ventilation shall be maintained and an appropriate temperature provided as required by the specific breed of animal housed therein.
(c) Each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or tops of cages.
(d) Runs shall provide an adequate exercise area and protection from the weather.
(e) All animal quarters and runs are to be kept clean, dry and in a sanitary condition.
(f) The food shall be free of contamination, palatable and of sufficient nutritive value as to meet the normal daily requirements for the condition and size of the animal.
(g) Fresh water is to be available at all times.
(5) Holders of existing kennel permits which do not meet the distance requirements required in this section shall have one year within which to come into compliance.
(6) The jurisdiction shall have the power to revoke the kennel permit in the event that the permit holder is convicted of any other violation of the provisions of this chapter.
(C) Fees. Any person conducting, operating or maintaining a kennel shall pay to the jurisdiction, for the privilege of conducting, operating or maintaining such kennel, an annual permit fee adopted by regulation of the jurisdiction.
(D) Violations; permit revocation. Whenever the animal control officer or police officer finds or discovers any violations of any rule or regulation promulgated as herein provided by the Health Department, the officer shall, upon receipt of such notice, immediately notify the owner or custodian of such kennel to appear before the jurisdiction at a day and time certain to show cause why the permit should not be revoked for such violation.
(E) Inspection. It shall be the duty of the animal control officer or police officer to periodically inspect all registered kennels and to see that the provisions of this chapter pertaining to the sanitation and care of such places are being observed.
(F) “Kennel” defined; puppy exception.
(1) “Kennel” as defined in § 90.001 of this chapter shall be applicable to this section.
(2) This section shall not apply to the birth of puppies in a situation which is not an intentional commercial breeding business so long as the number of dogs is reduced down to two or less within three months from the birth of the puppies.
(G) Classes of kennels. Kennels shall be classified as follows.
Type
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Details
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Class A kennel | Owners having 3 to 4 dogs, any one of which is intact, and all owners with more than 5 and less than 10 dogs, neutered or intact, are required to obtain a Class A kennel license |
Class B kennel | Owners having more than 10 dogs are required to obtain a Class B kennel license |
Hobby kennel | Owners having 3 to 4 dogs which are neutered or spayed are required to obtain a hobby kennel license |
(H) Business license. Owners which are maintaining kennels as part of a business shall be required to purchase the locally required business license.
(I) Dog licenses. All dogs that are maintained in a kennel and that are over three months of age shall be individually licensed.
(Ord. 2002-11-1, passed 11-4-2002) Penalty, see § 90.999