Ordinance No. 1053

ARTICLE XI – KENNELS AND PET SHOPS

Section 3.82     Commercial Kennel, Hobby Kennel And Pet Shop License Required.

No person shall conduct, operate or keep any commercial kennel, hobby kennel, or pet shop within the city without first obtaining a license pursuant to the provisions of this article.

Section 3.83     Application For License.

Application for a commercial kennel, hobby kennel or pet shop license shall be made in writing to the Animal Control Officer by the owner of the kennel or pet shop to be licensed.  Such application shall be on a form approved by the Animal Control Officer and shall be accompanied by a license fee, the amount of which shall be established pursuant to Section 3.3.  Such license fee shall be waived for any hobby kennel devoted exclusively to training or breeding assistance dogs if all other requirements for licensing under this article are met.  The Animal Control Officer shall require such proof of qualification as the Animal Control Officer deems necessary prior to waiving the license fee for any hobby kennel.  If the owner of any kennel or pet shop fails to make application for a kennel or pet shop license within thirty (30) days after receipt of notice from the Animal Control Officer to obtain a license, such owner shall pay a penalty for late licensing, the amount of which shall be established by resolution of the city council.

Section 3.84     Action On Application.

            a.         Upon receipt of an application for a commercial kennel, hobby kennel or pet shop license, the Animal Control Officer shall review the application and inspect the licensed premises.  If the Animal Control Officer finds that the requirements of this article have been complied with, the Animal Control Officer shall register the kennel or pet shop in the records of Animal Services and issue the license applied for to the owner.  If the Animal Control Officer finds otherwise, the Animal Control Officer shall deny the license.

            b.         When issuing a commercial kennel, hobby kennel, or pet shop license pursuant to this article, the Animal Control Officer may make the license subject to such conditions as the Animal Control Officer deems necessary to effectuate the purpose of this chapter and to protect the public health, safety and welfare.  Failure to comply with any such condition shall be a violation of this chapter.

            c.         Upon issuing a commercial kennel or hobby kennel license pursuant to this article, the Animal Control Officer shall provide the owner of the kennel with individual dog license tags for each dog covered by the license and, during the term of the license, shall upon written application, provide such owner without charge any additional dog license tags required for new dogs coming into the owner’s possession under the license.

Section 3.85     Expiration And Renewal Of License.

Every commercial kennel, hobby kennel, or pet shop license issued pursuant to this article shall be annual, expiring on the last day of December next following its date of issue.  The procedure for renewal of any such license shall be the same as for obtaining an original license.  If the owner of any kennel or pet shop fails to make application for the renewal of a kennel or pet shop license within sixty (60) days after its expiration, or prior thereto, such owner shall pay a penalty for late renewal, the amount of which shall be established pursuant to Section 3.3, in additional to the license fee required by Section 3.83.

Section 3.86     Denial Or Revocation Of License.

The Animal Control Officer may deny or revoke any commercial kennel, hobby kennel or pet shop license issued pursuant to this article in the following situations:

            a          Whenever the Animal Control Officer determines by inspection that the licensed premises violate any of the conditions of the license, this chapter, or state law.

            b.         Whenever the Animal Control Officer has reason to believe that the owner of the kennel or pet shop has willfully withheld or falsified any information required for the license.

            c.         Whenever the Animal Control Officer has reason to believe that the owner of the kennel or pet shop, or any agent or employee of the same, has been convicted by a court of law within the past five (5) years of a violation of this chapter or any other law relating to animals, public nuisance caused by animals or cruelty to animals in this or any other state.  For purposes of this section, a forfeiture of bail shall be deemed to be a conviction of the offense charged.

Section 3.87     Appeal From Denial Or Revocation Of License.

            a.         Prior to denial or revocation of a commercial kennel, hobby kennel or pet shop license issued pursuant to this article the Animal Control Officer shall notify the owner of the kennel or pet shop in writing by certified mail of the intent to deny or revoke the license, the reasons for such denial or revocation, and that such owner may make a written request for a hearing before the Animal Control Officer within ten (10) days after receipt of such notice if he or she desires to challenge the denial or revocation.

            b.         If a valid request for a hearing is filed, the Animal Control Officer shall set the time and place for the hearing and cause notice of such hearing to be given pursuant to Article III.  The hearing shall be conducted pursuant to Article IV.

            c.         If a commercial kennel, hobby kennel or pet shop license pursuant to this article is denied or revoked, the Animal Control Officer shall not accept a new application from the same person for the same activity at the same location for two (2) years after the date of denial or revocation unless the person shows and the Animal Control Officer determines by investigation or inspection that the grounds upon which the application was denied or the license revoked no longer exist.

Section 3.88     License Not Transferable.

No commercial kennel, hobby kennel or pet shop license issued pursuant to this article shall be transferable.

Section 3.89     Display Of License Required.

Every commercial kennel, hobby kennel and pet shop licensing pursuant to this article shall post its license in some conspicuous part of the licensed premises.

Section 3.90     Inspections.

As a condition to the issuance or renewal of any commercial kennel, hobby kennel or pet shop license pursuant to this section, the Animal Control Officer shall have the authority to conduct periodic inspections of the licensed premises.  The owner of the kennel or pet shop shall make available to the Animal Control Officer such information regarding the operation of the kennel or pet shop as the Animal Control Officer shall require.  The Animal Control Officer may impose an inspection fee, the amount of which shall be established pursuant to Section 3.3, where it is found that the licensed premises violates any of the conditions of the license, this chapter or state law.

Section 3.91     Regulations And Standards For Care, Confinement, And Treatment Of Animals.

The Animal Control Officer shall establish regulations and standards for commercial kennel, hobby kennels and pet shops licensed pursuant to this article relating to the following:

            a.         The maximum number and species of animals to be kept on the licensed premises.

            b.         The construction, sanitation and maintenance of the facilities of the licensed premises.

            c.         Any other matters pertaining to the humane care, confinement and treatment of animals that the Animal Control Officer deems necessary.

Section 3.92     Required Records For Commercial Kennels.

Every commercial kennel licensed pursuant to this section shall keep available for inspection on the licensed premises records showing all of the following:

            a.         The name, current address and telephone number of the owner of each animal at the kennel.

            b.         The date each animal entered the kennel.

            c.         The reason for each animal being at the kennel, such as for boarding, sale, breeding or grooming.

            d.         A description of each animal at the kennel, including its age, breed, sex and color.

            e.         A current valid rabies certificate for each animal over four (4) months of age at the kennel.

Section 3.93     List Of Animals Sold Or Given Away Required.

Every commercial kennel and pet shop licensed pursuant to this article shall provide the Animal Control Officer with a monthly listing of all animals sold, including the names and addresses of the purchasers of the animals sold or given away and including the names and addresses of the purchasers of recipients of the animals.  Every hobby kennel licensed pursuant to this section shall provide the Animal Control Officer with an annual listing of all puppies and kittens sold or given away, including the number of litters involved and the names and addresses of the purchasers or recipients of the animals.