[Amended by Ord. No. 1191, 1-7-2014]
1.
KENNEL – Is defined for this Chapter as any lot or parcel of
land or place where:
a.
More than three dogs; or
b.
More than three cats; or
c.
More than two dogs and one cat; or
d.
More than two cats and one dog; are confined, treated, boarded, housed
or cared for and shall include any lot or parcel of land or place
where a person, corporation or other entity engages in, conducts,
manages or maintains, a veterinary business, regardless of the number
of animals treated, kept, confined, boarded or cared for thereat.
2.
KENNEL OPERATOR – Means the person or persons, corporation,
partnership or other legal entity who is the legal owner or who is
actually in control and operation of a kennel. "Kennel operator" does
not include a veterinarian operating a veterinary hospital.
3.
OWNER – Means any person, corporation, partnership or other
entity who is the legal owner, keeper, harborer, possessor or the
actual custodian of an animal. Ownership may be established by a person
registering as the owner on a license, or other legal document or
by a person claiming ownership and taking possession of an animal.
It shall be prima facie evidence that a person is an owner of animal
that such person is the lawful title holder or leaseholder of the
real property upon which the animal is being kept or harbored.
(Ref. 16-206 16-235 RS Neb.)
It is unlawful for any person to keep, conduct, or operate any
kennel without a license as is required under the provisions of this
Chapter or other ordinances of the City. (Ref. 16-206, 16-235 RS Neb.)
[Amended by Ord. No. 1191, 1-7-2014; 1-18-2022 by Ord. No. 1298]
It is unlawful for any owner, as defined, to keep, house, confine,
harbor or maintain more than a combination of three animals in any
place in the City other than a licensed kennel; provided, however,
only one mini-pig is allowed per dwelling unit within the City limits.
For the purposes of this Chapter, a litter of puppies or a litter
of kittens less than four months of age shall not be included in computing
the number of dogs or cats or combination thereof permitted under
the provisions of this Section.
The Kennel Operator shall maintain the kennel at all times in
a clean and sanitary condition, shall provide all animals in the kennel
with adequate shelter, feed and fresh water; all feed shall be stored
in covered, ratproof containers protected against contamination, and
meat shall be kept refrigerated. All kennels shall be so constructed
and operated as to safely confine the dogs and cats therein. No refuse
or waste materials shall be allowed to remain thereon for more than
24 hours. All animals shall be humanely treated, and any animal having
any disease shall be properly isolated and treated. (Ref. 16-206,
16-235 RS Neb.)
The Kennel Operator shall not be required to obtain the individual
licenses imposed by City ordinances for each dog or cat in his kennel
for which the kennel license if obtained; however, each Kennel Operator
shall have each dog or cat in his kennel vaccinated as required by
the ordinances of this City, and a certificate of vaccination for
each dog or cat must be available for inspection. (Ref. 16-206, 16-235
RS Neb.)
Any person whose kennel permit is denied or revoked may, within
10 days after receipt of the notice thereof, apply to the City Council
for a hearing on the denial or revocation, and the decision of the
City Council at the conclusion of such hearing shall be final. If
no hearing is requested within 10 days, denial or revocation shall
be final. (Ref. 16-206, 16-235 RS Neb.)
Mailed, written notice of the date set for hearing on the denial
or revocation shall be given by the City Clerk to the applicant and
to the Chief of Police. At the time set for hearing, the Chief of
Police shall present the facts upon which the denial or revocation
was based. The applicant or his attorney may then present the facts
by reason of which the applicant believes the denial or revocation
was improper. Upon conclusion of the presentation of both parties,
the City Council may, but shall not be required to, entertain presentation
and support and opposition to the revocation or denial by interested
persons. The City Council may continue the matter from time to time.
At the conclusion of the hearing, the City Council shall render its
decision which shall be final. (Ref. 16-206, 16-235 RS Neb.)
It shall be the responsibility of the Chief of Police of this
City to enforce the provisions of this Chapter. (Ref. 16-206, 16-235
RS Neb.)
It is unlawful for any person to maintain, have or operate a
kennel in any residential area anywhere in the City, or anywhere within
in the limits of the City, unless such property is zoned permitting
such use. (Ref. 19-913 RS Neb.)
A license to operate a kennel, or pet shop, anywhere in the City shall not be issued unless the owner establishes with clear and convincing evidence to the City Council that the kennel shall be operated in the manner set forth in Section 6-504. The annual license fee for kennels and pet shops shall be $250 per year. The license year shall be from the date of issuance. (Ref. 16-206, 16-235 RS Neb.)
Editor's Note: Section 6-511, Kennels; Violation; Penalty, was repealed by Ord. No. 1303. Prior history includes Ord. No. 794.
