(A) It shall be unlawful for any household to own, to keep custody of or to take care of more than three dogs, five months or older, who are frequently outside on the premises, unless the person has a special permit issued by the animal warden.
(B) (1) If a person has four or more dogs frequently outside on the premises, then the animal warden must make the following five findings in order to issue a special permit:
(a) Noise from the dogs will not interfere with an abutting occupant’s use and peaceful enjoyment of the property;
(b) Any odor or unsanitary conditions caused by the dogs will not interfere with an abutting occupant’s use and peaceful enjoyment of the property;
(c) Three or more dog runs or other dog-related structures or any combination thereof shall not be permitted if the structures can be seen from an abutting occupant’s property in a residentially zoned district;
(d) There is no evidence that the dogs pose any health problem or disease exposure for abutting occupants; and
(e) The dogs do not interfere in some other similar manner with the peaceful use and enjoyment of abutting property.
(2) If the animal warden denies a person a special permit, then the animal warden must state the reasons for the denial in writing.
(C) A permit shall remain valid as long as the person is in compliance with the terms and conditions, if any, of the permit. If any of the circumstances change, such as, but not limited to, more animals, new structures or other such similar change that might reasonably violate the five standards set for the above, then the permit shall automatically terminate and be null and void. The person must secure a new permit, or the person shall be in violation of this section. The animal warden shall have the authority to revoke the permit at any time if there is a violation of the standards stated in division (B) above, for a violation of any term or condition of the permit if there has been any misrepresentation, or for any other similar reason. The animal warden shall state in writing the basis of the revocation. Any person who wishes to appeal such a revocation shall have ten days from the date of receipt of the revocation to appeal the revocation to the Town Manager.
(D) All penning facilities less than 150 square feet per dog specifically dedicated to dog keeping must be located to the rear of the principal structure and shall not be maintained closer than ten feet from any property line.
(E) It shall be unlawful to tether or chain any animal in such a fashion as to allow the animal to be closer than ten feet to any property line. Dogs kept by chaining or tethering must be kept to the rear of the principal structure.
(F) The requirements in division (A) above shall not apply to animals kept in an animal shelter, veterinarian’s facility, commercially licensed kennel or other commercially licensed holding facility.
(G) It shall be unlawful for the owner or custodian of any animal to maintain such animal in quarters that are not sanitary or humane.
(Ord. passed 6-27-2006) Penalty, see § 90.99