§ 90.10 PERMITS - COMMERCIAL AND BREEDER.
   (A)   No person, partnership or corporation shall operate a commercial animal establishment or animal shelter which does not comply with the rules and regulations set forth in Chapter 155 of this code.
   (B)   No fee shall be required for any government-operated zoological park or animal shelter.
   (C)   The application for a permit shall be on forms provided by the city. The application maybe obtained from the Director of Public Safety. The City Council may promulgate regulations for the issuance of permits and shall include requirements for humane treatment and care of all animals and for compliance with the provisions of this chapter and other applicable laws. The City Council may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals.
   (D)   If a permit applicant has complied with all applicable regulations as defined within § 90.15(B), a permit shall be issued upon payment of the applicable fee and compliance with all other requirements by the Director of Public Safety.
   (E)   The fee for the permit required under this section shall be set by resolution of the Council for each:
      (1)   Breeder-hobbyist;
      (2)   Breeder-professional;
      (3)   Grooming shop;
      (4)   Kennel, authorized to house fewer than ten dogs or cats;
      (5)   Kennel, authorized to house ten, but less than 50 dogs or cats;
      (6)   Kennel, authorized to house over 50 dogs or cats;
      (7)   Pet shop;
   (F)   If there is a change in ownership or classification, the new owner may have the permit transferred to his name upon payment of a $10 transfer fee or a transfer fee in such as may be established by the City Council and compliance of all rules and regulations.
   (G)   Failure to obtain a permit before opening any facility covered in this section shall be a misdemeanor and no permit shall be issued for 12 months from the date application for a permit should have been made.
   (H)   License and permit issuance and revocation.
      (1)   After a permit application is filed, the licensing authority shall inspect the facility prior to issuing the permit. The licensing authority may revoke any permit or license if the person holding the permit or license refuses or fails to comply with or has been convicted of a violation of this chapter, regulations promulgated by the licensing authority or any law governing the protection and keeping of animals.
      (2)   Inspection. It shall be a condition of the issuance of any permit or license that the licensing authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.
      (3)   The licensing authority shall automatically review all licenses and permits issued to animal owners against whom three or more violations of this chapter have been assessed in a 12-month period.
      (4)   If an applicant has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license or shall revoke any permit or license issued.
      (5)   Any person whose permit or license is revoked shall within ten days thereafter remove the animals from the city. In the alternative such person may release ownership of the animals to the city. If the animals are not removed from the city within ten days the owner shall be considered to have released ownership of the animals to the city. No part of the permit or license fee shall be refunded.
      (6)   No person who has been convicted of or pled guilty to a violation of cruelty to animals by any jurisdiction shall be issued a permit or license to operate a commercial animal establishment, serve as a breeder for animals, or train animals.
      (7)   Any person having been denied a license may not reapply for a period of 30 days. Each re-application shall be accompanied by a fee in an amount as set by Council.
(Ord. 980, passed 8-22-05)