Sec. 5-70. - Commercial kennel, pet fancier and pet shop license required.

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

(Ord. No. 4782 § 9, 1994: Ord. No. 4653 § 2(j), 1993.)

Sec. 5-71. - Application for license.

Application for a commercial kennel, pet fancier or pet shop license shall be made in writing to the director by the owner of the commercial kennel, pet fancier facility or pet shop to be licensed. Such application shall be on a form approved by the director and shall be accompanied by a license fee, the amount of which shall be established pursuant to Section 5-4. If all other requirements for licensing under this article are met, such license fee shall be waived for any commercial kennel or pet fancier facility devoted exclusively to training or breeding assistance dogs. The director shall require such proof of qualification as the director deems necessary prior to waiving the license fee for any commercial kennel or pet fancier facility. The license fee for commercial kennel licenses shall be in lieu of the license fees and registration fees required in Section 5-43 and Section 5-61. The license fee for pet fancier licenses shall be in addition to the license fees and registration fees required in Section 5-43 and Section 5-61. If the owner of any commercial kennel, pet fancier facility or pet shop fails to make application for a commercial kennel, pet fancier or pet shop license within thirty (30) days after receipt of notice from the director to obtain a license, such owner shall pay a penalty for late licensing, the amount of which shall be established pursuant to Section 5-4, in addition to the license fee required in this section.

(Ord. No. 4653 § 2(k), 1993.)

Sec. 5-72. - Action on application.

(a)

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

(b)

When issuing a commercial kennel, pet fancier or pet shop license pursuant to this article, the director may make the license subject to such conditions as the director deems necessary to effectuate the purposes 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 license pursuant to this article, the director shall provide the owner of the commercial kennel with individual dog license tags for each dog kept on the licensed premises under the license, individual cat registration tags for each cat kept on the licensed premises under the license, and, during the term of the license, shall, upon written application, provide such owner without charge any additional dog license tags or cat registration tags required for new dogs or cats coming into the owner's possession on the licensed premises under the license.

(d)

Upon issuing a pet fancier license and payment of the license fees required in Section 5-43 or the registration fees required in Section 5-61 or both, the director shall provide the owner of the pet fancier facility with individual dog license tags for each dog kept on the licenses premises under the license and individual cat registration tags for each cat kept on the licensed premises under the license.

(Ord. No. 4653 § 2(l), 1993.)

Sec. 5-73. - Expiration and renewal of license.

Every commercial kennel, pet fancier 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 commercial kennel, pet fancier facility or pet shop fails to make application for the renewal of a commercial kennel, pet fancier 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 5-4, in addition to the license fee required in Section 5-71.

(Ord. No. 4653 § 2(m), 1993.)

Sec. 5-74. - Denial or revocation of license.

The director may deny or revoke any commercial kennel, pet fancier or pet shop license issued pursuant to this article in the following situations:

(a)

Whenever the director determines by inspection that the licensed premises violate any of the conditions of the license, this chapter or state law;

(b)

Whenever the director has reason to believe that the owner of the commercial kennel, pet fancier facility or pet shop has wilfully withheld or falsified any information required for the license;

(c)

Whenever the director has reason to believe that the owner of the commercial kennel, pet fancier facility or pet shop, or any agent or employee of 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 nuisances 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.

(Ord. No. 4653 § 2(n), 1993.)

Sec. 5-75. - Appeal from denial or revocation of license.

(a)

Prior to denial or revocation of a commercial kennel, pet fancier or pet shop license issued pursuant to this article, the director shall notify the owner of the commercial kennel, pet fancier facility 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 director 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 director shall set the time and place for the hearing and cause notice of such hearing to be given pursuant to Section 5-20. The hearing shall be conducted pursuant to Section 5-30

(Ord. No. 4653 § 2(o), 1993.)

Sec. 5-76. - No new license after denial or revocation.

If a commercial kennel, pet fancier or pet shop license issued pursuant to this article is denied or revoked, the director 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 the denial or revocation unless the person shows and the director determines by investigation or inspection that the grounds upon which the application was denied or the license revoked no longer exist.

(Ord. No. 4653 § 2(p), 1993.)

Sec. 5-77. - License not transferable.

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

(Ord. No. 4653 § 2(q), 1993.)

Sec. 5-78. - Display of license required.

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

(Ord. No. 4653 § 2(r), 1993.)

Sec. 5-79. - Inspections.

As a condition to the issuance or renewal of any commercial kennel, pet fancier or pet shop license pursuant to this article, the director shall have the authority to conduct periodic inspections of the licensed premises. The owner of the commercial kennel, pet fancier facility or pet shop shall make available to the director such information regarding the operation of the commercial kennel, pet fancier facility or pet shop as the director shall require. The director may impose an inspection fee, the amount of which shall be established pursuant to Section 5-4, where it is found that the licensed premises violates any of the conditions of the license, this chapter or state law.

(Ord. No. 4653 § 2(s), 1993.)

Sec. 5-80. - Regulations and standards for care, confinement and treatment of animals.

The director shall establish regulations and standards for commercial kennels, pet fancier facilities 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 on the licensed premises;

(c)

Any other matters pertaining to the humane care, confinement and treatment of animals that the director deems necessary.

(Ord. No. 4653 § 2(t), 1993.)

Sec. 5-81. - Required records for commercial kennels.

Every commercial kennel licensed pursuant to this article 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.

Sec. 5-82. - List of animals sold or given away required.

Every commercial kennel and pet shop licensed pursuant to this article shall provide the director with a monthly listing of all animals sold including the names and addresses of the purchasers of the animals sold or given away, including the names and addresses of the purchasers or recipients of the animals. Every hobby kennel licensed pursuant to this article shall provide the director 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.

(Ord. No. 4449 § 2, 1991.)