[Adopted 6-13-2011 by Ord. No. 11-168[1]]
[1]
Editor's Note: This ordinance also redesignated former Art. IV, Enforcement, as Art. V and redesignated former § 65-14, Violations and penalties, as § 65-18.
A. 
No person shall operate or keep a kennel within the City of Bangor without having a valid kennel license from the City of Bangor in accordance with this article.
B. 
One kennel license is required for every 10 dogs over six months of age.
C. 
A kennel license shall be for one calendar year, and shall last until December 31 of the year for which it is approved. The fee for any license lasting less than a year shall not be prorated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Kennel licenses issued pursuant to this article shall not be transferable to any other person, entity or location.
In order for a kennel license to be issued, the following standards must be met:
A. 
Application.
(1) 
An applicant for a kennel license must complete the City's kennel license application.
(2) 
If required to have a state license, the applicant must have a current, valid state license.
(3) 
All fees, including the kennel license fee and any late fees, must be paid.
B. 
Department approval. The Clerk must receive department approval from the Code Enforcement Division, the Fire Department, the Police Department, the Treasury Division of the Records Department, and the Water Quality Management Department, affirming that all laws and ordinances are met and all monies owed the City are paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Inspection. An inspection shall be conducted in accordance with § 65-16, and all applicable criteria must be met by the applicant.
D. 
Number of licenses limited. There shall be no more than four kennel licenses issued for any one parcel or business, except that for kennels in operation as of January 1, 2011, there shall be no more than five kennel licenses issued for the calendar year 2011, and no more than four kennel licenses issued for the calendar year 2012 and thereafter.
E. 
Approval. Should all of the above conditions be met, the City Clerk shall issue the applicant a kennel license for the kennel under consideration.
A. 
The Animal Control Officer (ACO) or other authorized representative of the City may inspect a kennel, or a property for which a kennel license application has been received, at any reasonable hour.
B. 
The applicant or kennel owner, or an agent of the same, is required to accompany the City representative.
C. 
At the discretion of the City, the applicant or kennel owner or agent must allow other state and City officials, including but not limited to Bangor police officers or state animal welfare agents, to accompany the ACO or other authorized representative of the City during the inspection.
D. 
The inspection shall cover all areas on the property where dogs are kept or allowed to go.
E. 
Inspection criteria the property must meet shall include the following:
(1) 
All criteria required by the State Animal Welfare Program when inspecting kennels.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Animals shall be kept in areas which maintain adequate sanitation, including but not limited to periodic cleaning and sanitizing enclosures and housing facilities to remove excreta and other waste materials.
(3) 
Animals shall be housed in enclosures with adequate space for the animals to make normal postural and social adjustments with adequate freedom of movement to maintain physical condition. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior patterns.
(4) 
Housing for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals or the escape of animals contained therein.
(5) 
Animals shall be afforded proper veterinary care. A sick, diseased, or injured animal shall be provided with a proper program of care by a veterinarian or humanely euthanized.
(6) 
Animals shall be provided with an adequate supply of fresh, clean, potable, liquid water provided in a sanitary manner and wholesome food suitable for species and age as often as the feeding habits of such animals require to maintain an adequate level of nutrition. If kept outdoors, said water shall be provided at all times.
(7) 
If kept outdoors, animals shall be provided with proper shelter. All shelters must have four sides and a roof and be large enough for the animal to enter, turn around and lie down. Shelter shall be provided for each individual animal. Shelter for females with offspring shall be large enough for the female to nurse the puppies without harming them.
(8) 
A kennel must have adequate staff to exercise, feed, and otherwise care for the animals. One full-time employee or the equivalent shall generally be considered adequate staff for caring for 20 dogs.
(9) 
All animals shall be treated in a humane manner.
F. 
The inspection shall be conducted in accordance with any sanitation and health rules established by the state for compliance with laws and rules.
G. 
Upon completion of inspection, the applicant must sign the inspection form.
H. 
The applicant and City Clerk shall each receive a copy of the completed inspection.
A. 
A kennel license application may be denied, or a kennel license or licenses may be suspended or revoked, for any of the following reasons:
(1) 
Failure to allow an inspection.
(2) 
Failure to meet one or more of the inspection criteria.
(3) 
Failure to comply with any provision of this article or of a kennel license.
(4) 
Withholding or falsification of any information required for the kennel license.
(5) 
Conviction of three or more violations under this article or Title 7, Chapter 721 or 723, of the Maine Revised Statutes within any twelve-month period.
(6) 
Conviction of any violation of Title 7, Chapter 739, or Title 17, Chapter 42, of the Maine Revised Statutes within the past 10 years.
(7) 
Suspension of state license or quarantine by the state.
B. 
If a kennel license is denied or revoked, no new license application will be accepted from the same applicant, license holder or location, nor shall that applicant or license holder be allowed to operate a kennel or a kennel be allowed to operate at that location, for a period of one year after such denial or revocation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Upon denial, suspension, or revocation of a kennel license, notice of the denial, suspension, or revocation shall be provided to the applicant or license holder within 10 business days of the determination to deny, suspend, or revoke the license. The notice of denial, suspension, or revocation shall be sent by certified mail, return receipt requested, addressed to the applicant or license holder.
D. 
Upon receipt of a notice of suspension, the license holder may not sell any animals or cause any animals to be transported from the property in question without written permission from the Animal Control Officer or other authorized representative of the City. A suspension may be until a date certain, or may be until the property has been brought into compliance with this article.
E. 
Upon receipt of a notice of denial or revocation, the applicant or license holder must, within 30 days, remove all unlicensed animals from the property, take other actions necessary to be in compliance with this article, or appeal the denial or revocation to the Maine Superior Court pursuant to Rule 80B of the Maine Rules of Civil Procedure.