(A) Any person owning or harboring more than three dogs or three cats over the age of six months must apply for a kennel/cattery permit.
(B) Any person owning or harboring a combination of more than three dogs or three cats over the age of six months must apply for a kennel/cattery permit.
(C) Any person engaging in boarding dogs or cats for compensation must apply for a kennel/cattery permit.
(D) Kennel/cattery permits may be denied in residential neighborhoods.
(E) Application process.
(1) All applications for a kennel/cattery permit shall be completed on the application form approved by the Mayor or his or her designee and provided to the public by the Winchester Police Department.
(2) All completed applications shall be reviewed by the animal control officer for the City of Winchester.
(3) Once the review of the application is concluded, the animal control officer shall approve or deny the applicant's request. The animal control officer shall make the determination of approving or denying the application based on the following factors:
(a) Prior complaints or calls made to the Winchester Police Department concerning animal control issues involving the property where the kennel/cattery is to be located.
(b) Prior complaints or calls made to the Winchester Police Department concerning animal control issues involving the applicant or any member of the applicant's immediate household.
(c) Any convictions the applicant or any member of the applicant's immediate household may have for animal cruelty or any other offense relating to animal health or welfare of animal cruelty.
(d) Any other factor the animal control officer believes is relevant in making the determination.
(4) If the animal control officer approves the application for the kennel/cattery permit, the applicant shall pay the cost of the permit pursuant to § 91.062(A).
(5) If the animal control officer denies the application for the kennel/cattery permit, the applicant shall be notified in writing that his/her application for the kennel/cattery permit has been denied via certified mail, and in that written denial the applicant shall be notified of the proper procedures for requesting an appeal of that determination.
(F) Appeal process.
(1) If a person's kennel/cattery permit is revoked, or if an applicant is denied a kennel/cattery permit, he/she may submit an appeal to the Mayor's office within 30 days from the date of the denial or revocation.
(2) All requests for appeals must be in writing and addressed to the Mayor; whereupon, the Mayor shall set the appeal for a hearing within 45 days of the receipt of the written request.
(3) The person requesting the hearing must notify all landowners within a 250-foot radius of the property where the kennel/cattery may be located by certified mail return receipt requested. The notification must be on the form supplied or approved by the Winchester Police Department. The notice must have the following information:
(a) Date, time, and place of the hearing.
(b) Nature of the hearing.
(c) The street address of the requested kennel/cattery permit.
(4) The notifications shall be completed and mailed to each neighboring landowner ten days prior to the scheduled hearing date. The certified mail return receipt cards must be filed with the Mayor's office on or before the date of the hearing.
(5) The hearing shall be held by the Winchester Board of Works and the ultimate approval or denial shall be made by the Board of Works within 30 days from the date of the hearing.
(6) At the hearing, the person requesting the permit or appealing the revocation of a permit may be heard along with anyone in support of or in opposition to the appeal. The Board of Works should conduct the hearing in a manner consistent with its normal procedures.
(Ord. 2005-12, passed 11-7-05; Am. Ord. 2006-4, passed 2-20-06) Penalty, see § 91.999