(A)   Limitation on number of dogs and cats. Notwithstanding a special animal permit, a person must not keep more than a total of three dogs or three cats, or a combination of three dogs and/or cats, that are older than four months on any residential premises within the city.
   (B)   Special animal permit. It is unlawful for any person to exceed the number of dogs or cats limited by division (A) above or animals limited by § 90.08 without first obtaining a special animal permit from the Council as provided in this section.
      (1)   Application for special animal permit.
         (a)   Application for a special permit must be made to the City Clerk upon a form provided by the city. A completed application, accompanied by the appropriate fee, will be submitted to the City Council for approval.
         (b)   The permit shall only be issued after an inspection of the premises and a finding of fact that no nuisance will be created by issuing the permit.
         (c)   The Council may impose additional restrictions, limitations, conditions or prohibitions that the Council deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise, odors or annoyance, or to protect the public health, safety or welfare.
         (d)   No roosters shall be permitted.
      (2)   Permit term. The annual term of the permit begins on January 1 and ends on December 31 unless sooner revoked.
      (3)   Annual fee. The annual fee for such permit shall be set by City Council resolution. Permit fees will not be prorated for a portion of a year.
      (4)   Inspection requirement. The city shall inspect the premises prior to issuing a new permit, and may inspect the premises prior to issuing a renewal permit.
      (5)   Notification. Upon receipt of an initial application, the city shall notify all residential properties within 350 feet of the applicant’s property line of the Council’s consideration of the special permit.
      (6)   Modification or revocation of permit. Such a permit may be modified or revoked by the appropriate city staff for failure to comply with the terms of this section, or to conform to such restrictions, limitations, conditions or prohibitions imposed by the permit.
      (7)   Effective date. Such modification or revocation shall be effective ten days following the mailing of written notice by certified mail to the permittee.
      (8)   Appeal. The permittee or applicant may appeal the modification or revocation by serving a written request for a hearing upon the City Clerk within five days of receipt of the written notice. The appeal shall be heard by the Police Chief or his or her designee.
(2001 Code, § 905.07) (Ord. 03-15, passed - -; Ord. 09-01, passed - -; Ord. 10-03, passed - -; Ord. 13-04, passed 9-9-2013; Ord. 17-10, passed 7-24-2017)