(A)   It shall be unlawful for any person to keep or have more than five total domestic animals at any one residence within the incorporated limits of the city subject to the exceptions provided herein.
   (B)   The following breeder exemption to the keeping of more than five total domestic animals within the incorporated limits of the city. Owners may claim exemptions from this section provided they provide proof that they breed animals for show or profit and adhere to the following criteria:
      (1)   The owner must submit in writing to the Director of Animal Control or his or her designee a request for permit for a breeder exception and include copies of current rabies certificates for all domestic animals on premises;
      (2)   After receipt of the request, the Director or his or her designee will inspect the proposed breeding facility to ensure appropriate cleanliness, shelter, restraint and open space for all animals within the facility;
      (3)   After the proposed facility passes inspection, the owner will complete and return the permit application for a breeder exception with the annual fee of $100;
      (4)   Each year thereafter the owner will submit a new permit application with the appropriate fee and proof of current rabies vaccinations;
      (5)   The Animal Control Department will re-inspect the breeding facility at each annual renewal request and any time deemed necessary by the Director to ensure compliance with this chapter;
      (6)   If at any time the Director or his or her designee finds a violation of this chapter, the breeder permit will be revoked for a period of one year and the owner will be given ten days to remove all domestic animals exceeding the five animal limits, from the owner’s premises and from the incorporated city limits;
      (7)   If the Department receives a complaint from any adjacent property owner about the level of noise, smell, conditions or lack of restraint, the Director or his or her designee will re-inspect the facility and may revoke the breeder exception permit if a violation is found; and
      (8)   No refund will be provided if the permit is revoked, and revocation of the breeder exemption permit will not exempt the owner from charges resulting in violations of an ordinance or city code found during the inspections.
   (C)   In the event that an accidental breeding occurs which results in the total number of domestic animals on premises being exceeded:
      (1)   The Director or his or her designee shall make the determination as to whether the breeder permit and fee shall immediately be applied based on the following:
         (a)   Prior history of accidental breeding;
         (b)   Breed/pedigree of bred animal; and
         (c)   Willingness of owner to notify the Director of the accidental breeding;
      (2)   The owner shall find homes for all members of the “accidental” litter exceeding the limit by their sixth month of age after rabies vaccinations have been administered by a licensed veterinarian;
      (3)   Proof of rabies vaccination shall be provided to the Director by the owner; and
      (4)   Owners of the adult animal(s) causing the accidental breeding will voluntarily sterilize the animal(s) and provide proof to the Director to prevent further accidental breeding.
(Ord. 09-1013, passed 10-13-2009)  Penalty, see § 90.999