§ 95.28 PERMIT; APPLICATION, PROCEDURES, TERM AND FEE.
   (A)   Application. Any person desiring a permit required under the provisions of this chapter shall make written application to the Police Department upon a form designated for this purpose. The application form will include information such as, but not limited to, the description of the property where the animal is to be kept, the species and number of animals to be kept and any special conditions which must be complied with by the keeper of the animal.
   (B)   Consent. Upon submitting the designated application form, the applicant shall also provide the written consent of 75% of the owners or occupants of privately or publicly owned real estate within 150 feet of the outer boundaries of the premises for which the permit is being required or, in the alternative, proof that the applicant's property lines are 150 feet or more from any structure. However, where a street separates the premises for which the permit is being requested from other neighboring property, no consent is required from the owners or occupants located on the opposite side of the street. Where a property within 150 feet consists of a multiple dwelling, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building.
   (C)   Fees; term of permit. The City Council shall establish a fee for the permit required in this chapter. The term of the permit shall be one year from the date of issuance and shall require annual consideration for renewal. A permit and fee shall be required for each individual animal.
   (D)   Investigation of application. The Police Department shall make such investigation as necessary and may grant, deny or refuse to renew any application for permit under this chapter.
   (E)   Permit; conditions. If granted, the permit issued by the Police Department shall state the conditions, if any, imposed upon the permitee for the keeping of animals under the permit. The permit shall specify the restrictions, limitations, conditions, and prohibitions which the Police Department deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the Police Department for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective from and after three days following the mailing of written notices thereof by certified mail to the person or persons keeping or maintaining such animals.
   (F)   Refusal to grant or renew a permit. The Police Department may refuse a permit to keep or maintain hereunder for failure to comply with the provisions of this chapter, if the facilities for the keeping of the animals are or become inadequate for their purpose, if the conditions of the permit are not met, if a nuisance condition is created, or if the public health and safety would be unreasonably endangered by the granting of such permit.
   (G)   Numbers of animals; species; notice to Police Department. The permit shall state the number of animals and type of animals which may be maintained on the premises. The permitee shall immediately inform the Police Department in writing when the number of animals maintained on the premises exceeds the number allowed by the permit.
(Ord. 860, passed 11-16-04)