In addition to the reasons stated in Chapters
4.02 and
4.03, the issuing officer may deny a kennel license on any of the following grounds:
A. The
operation of the kennel is not allowed at the location proposed.
B. The
applicant has a suspended kennel license for the period the applicant
is seeking a license.
C. The
applicant was or is an officer, agent or employee of a kennel licensee
whose kennel license was suspended or revoked and the applicant was
responsible for or participated in the violation on which the suspension
or revocation order was based. In that case, the applicant will be
ineligible: (1) for the period during which the suspension order is
in effect; (2) in the case of revocation, for a period of one year
after the revocation effective date; and (3) if a revocation order
has been stayed, during the revocation period and one year after the
stay's expiration.
D. The
applicant, within one year from the application date: (1) had a kennel
license revoked; (2) was a partner or principal in a firm, corporation
or other legal entity that had its kennel license revoked; or (3)
if a revocation has been stayed, the application is within one year
from the stay's expiration date.
E. The
facility in which the applicant proposes to locate the kennel, or
proposes to construct a kennel, does not meet the requirements for
a kennel provided by this code.
(Ord. 559 § 3, 2019)
A kennel operator must comply with the following requirements:
A. Each
kennel building, fence and other structure must be structurally sound
and maintained in good repair to protect the animals from injury,
contain the animals, and prevent other animals from entering the kennel.
B. The
kennel must have reliable and adequate electric power and potable
water.
C. The
kennel must have adequate quantities of food and supplies, adequate
refrigeration to protect perishable food, and adequate storage facilities
to keep food and supplies dry, clean and uncontaminated.
D. The
operator must maintain the entire kennel facility in a clean and sanitary
condition at all times. The operator must prepare a maintenance schedule
for the entire facility that describes how often the operator will
clean each part of the facility and have the maintenance schedule
available for inspection when the authorized agency inspects the facility.
The maintenance schedule must provide a program to control insects,
ectoparasites and avian and mammalian pests. The kennel operator must
clean and sanitize the facility in accordance with the maintenance
schedule and at a minimum, remove excrement daily, or more often if
necessary, to keep the animals and staff safe from contamination,
disease and odors, and keep the entire facility free of accumulations
of trash and debris.
E. The
kennel must have and maintain adequately supplied toilet rooms, washrooms
and sinks that allow animal caretakers to practice good hygiene.
F. The
operator must provide each animal housed in the kennel with food that
is uncontaminated, wholesome and of sufficient quantity and nutritional
value to meet the normal daily requirements for the condition and
size of the animal. The food must be provided in clean and sanitary
receptacles accessible to each animal and located to minimize contamination
by excreta.
G. The
operator must provide each animal with potable water in clean and
sanitary receptacles available to the animal at all times, unless
a licensed veterinarian has restricted an animal's water intake.
The water receptacle must be secured to prevent the receptacle from
being tipped over.
H. The
kennel must protect each animal housed in the facility from the elements,
including sun, heat, cold, wind, dampness, rain and snow and must
maintain environmental conditions for each animal that are appropriate
for that animal.
I. The
kennel must provide adequate fresh air ventilation for the health
and comfort of each animal in a manner that minimizes drafts, odors
and moisture condensation.
J. The
kennel must provide ample light that is uniformly distributed throughout
the facility to allow kennel staff to inspect and clean the kennel
during the hours of 7:00 a.m. to 10:00 p.m. and protect the animals
from harmful or annoying illumination.
K. The
kennel's interior walls and floors must be constructed of material
impervious to moisture and maintained in that condition. The material
must have a surface that may be readily sanitized.
L. The
kennel must have a drainage system to rapidly drain animal excreta
from the facility. The drainage must be constructed and maintained
to prevent unpleasant odors and to prevent any drainage backup into
the facility.
(Ord. 559 § 3, 2019)
A kennel operator must provide a primary enclosure for each
animal housed at the kennel. Each primary enclosure must be:
A. Constructed
and maintained in good repair to protect the animal housed in the
enclosure from injury, be able to keep the animal from getting out
of the enclosure and keep other animals out.
B. Constructed
and maintained to enable each animal housed in the enclosure to remain
dry and clean.
C. Constructed
and maintained to enable the animal housed in the enclosure to have
convenient access to clean food and water.
D. Large
enough to allow each animal housed in the enclosure to obtain adequate
exercise. A separate kennel house that an animal uses as sleeping
quarters must provide sufficient space to allow each animal in the
house to turn about freely, stand easily and sit or lie in a comfortable
position. It is unlawful to keep an animal in a primary enclosure
or kennel house that does not provide adequate space.
(Ord. 559 § 3, 2019)
A kennel operator must comply with the following additional
space requirements for dogs:
A. An unattended
primary enclosure must not house more than 12 dogs of any size.
B. The
number of dogs in an attended primary enclosure must not exceed that
number that may be safely supervised by the number of attendants on
duty and must not exceed 12 dogs per attendant within the enclosure.
C. A passageway
into a kennel house must be large enough to allow easy access for
each dog in the house.
D. A kennel
that confines a dog in a kennel house which does not meet the space
requirements in this code for a primary enclosure must not house the
dog in a kennel house for more than 12 hours in any 24-hour period.
E. A primary
enclosure or kennel house of a kennel which was not licensed on September
11, 1986 or a primary enclosure or kennel house erected or installed
in a kennel after September 11, 1986, must meet the following minimum
space requirements:
MINIMUM SPACE REQUIREMENTS
|
---|
|
Primary Enclosure
|
Kennel House
|
---|
Weight of Dog in Pounds
|
Width
|
Square Footage
|
Width
|
Square Footage
|
---|
Up to 15
|
2.0′
|
6.0
|
1.5′
|
3.0
|
Over 15 to 35
|
2.5′
|
10.0
|
2.0′
|
5.0
|
Over 35 to 65
|
3.0′
|
15.0
|
2.5′
|
7.5
|
Over 65 to 95
|
3.0′
|
18.0
|
2.5′
|
9.0
|
Over 95 to 130
|
3.5′
|
24.0
|
3.0′
|
12.0
|
Over 130
|
4.0′
|
32.0
|
3.5′
|
14.0
|
F. If a
primary enclosure or kennel house contains more than one dog, the
minimum square feet required is the sum of the square feet requirements
for each individual dog kept in the primary enclosure or kennel house.
(Ord. 559 § 3, 2019)
A kennel operator must employ a sufficient number of caretakers
to maintain the standards set forth in this code. It is not a defense
to an action to suspend or revoke a kennel license or a civil or criminal
action to enforce a violation of this code that the licensee was unable
to comply due to an insufficient number of employees.
(Ord. 559 § 3, 2019)
Animals housed in the same primary enclosure must be maintained
in compatible groups, with the following additional restrictions:
A. A female
in estrus must not be housed in the same primary enclosure as a male,
except for breeding purposes.
B. Any
animal exhibiting a vicious disposition must be housed by itself.
C. A puppy
must not be housed in the same primary enclosure with an adult other
than its dam, and a kitten must not be housed with an adult cat other
than its dam, except when an animal owner specifically requests they
be housed together.
D. No dog
may be housed in the same primary enclosure with a cat and no dog
or cat may be housed in the same primary enclosure with any other
species of animal, unless an animal owner requests the kennel operator
house specific animals together.
E. An animal
under quarantine or treatment for a communicable disease or an animal
with a serious injury or disability must be kept separate from any
other animal.
(Ord. 559 § 3, 2019)
A kennel operator is not required to obtain the dog license
required under this code for each dog housed in the kennel, but must
not house a dog in the kennel that has not been vaccinated as required
by this code.
(Ord. 559 § 3, 2019)
A kennel which the authorized agency determines is unsanitary or a threat to animal or public health, safety or welfare, or being operated contrary to this code is declared to be a public nuisance. The City may take action against the kennel operator as authorized by State law or this code to abate the nuisance. If the City or authorized agency determines immediate action is necessary to preserve or protect an animal or public health, safety or welfare, the authorized agency may summarily abate a nuisance pursuant to Chapter
1.10, by any reasonable means including impoundment of any animal and immediate closure of a kennel until the nuisance is abated. The authorized agency may recover its abatement costs from the kennel operator pursuant to Chapter
1.10.
(Ord. 559 § 3, 2019)