A. 
The operators of any residential kennel or any commercial kennel, as defined in § 135-1, animal shelter, or commercial animal establishment shall not operate such commercial kennel or residential kennel, animal shelter, or commercial animal establishment without first obtaining a permit in compliance with this section.
B. 
The City Manager shall put into action regulations for the issuance of permits and shall include requirements for the humane care of all animals and for compliance with the provisions of this article and other applicable laws. The City Manager may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals.
C. 
Upon a showing by an applicant for a permit that he is willing and able to comply with regulations put into action by the City Manager or his designee, a permit shall be issued upon payment of the applicable fees.
D. 
The permit period shall begin with the fiscal year and shall run for one year. Renewal applications for permits shall be made 30 days prior to and up to 60 days after the start of the fiscal year. Application for a permit to establish a new commercial kennel, residential kennel, animal shelter, or commercial animal establishment under the provisions of this article may be made at any time.
E. 
If there is a change in ownership of a commercial kennel, animal shelter, or commercial animal establishment, the new owner may have the current permits transferred to his name upon compliance with the provisions outlined in this section and payment of the applicable permit fee set forth in Subsection F.
F. 
Annual permits shall be issued for commercial kennels, residential kennels, animal shelters and commercial animal establishments, upon payment of the applicable fee as set forth by Resolution.
G. 
A temporary permit may be issued in any case and for any category for which an annual permit would be issued. A temporary permit shall be valid for 60 days and is nonrenewable. The cost of a temporary permit shall be 20% of the fee for the corresponding annual permit.
H. 
A commercial kennel is to be allowed with outside runs in a CBD (Central Business District) and, with a CUP (conditional use permit), in a CR (Restricted Commercial District) and CAR (Automotive and Commercial Recreation District) Zone. A commercial kennel is to be allowed without outside runs in a CR (Restricted Commercial District), CSC (Planned Shopping Center District), CAR (Automotive and Commercial Recreation District), and CBD (Central Business District) Zone.
I. 
No area, space, pen, or other similar type enclosure shall be allowed that is closer than 50 feet to any building used for human habitation and not occupied by the owner of such animals.
J. 
A residential kennel will be allowed with proper permit in an RE (Residential Estate District) Zone and in other R Zones (residential districts) with a CUP (conditional use permit).
With regard to kennel establishments generally:
A. 
Residential kennels. It shall be unlawful for any owner or keeper to keep or harbor more than four dogs and/or cats within the residential districts of the City as designated by Chapter 361, Zoning, without a residential kennel license. No residential kennel shall be allowed on unimproved, unoccupied lots. Any owner or keeper may have no more than one litter of puppies or kittens, which is not to be kept longer than six months of age.
B. 
Commercial kennel. It shall be unlawful for any operator or owner of a commercial kennel to operate said establishment without a kennel license.
C. 
Facilities considered separate enterprise. Every facility regulated by this article shall be considered a separate enterprise and requires an individual permit.
D. 
Waiver of fee. No fee may be required of any veterinary hospital or government-operated zoological park.
E. 
Failure to obtain permit. Failure to obtain a permit before opening any facility covered in this section shall result in a fine set by Resolution, with each day constituting a separate violation.
F. 
Permit reclassification. Any person who has a change in the category under which a permit was issued shall be subject to reclassification, and appropriate adjustment of the permit shall be made.
The following sanitary conditions are required for commercial animal establishments:
A. 
Any building, fence, or pen or other enclosure in which the dogs or cats are confined shall be located 50 feet from any building used for human habitation and not occupied by the owner of the kennel.
B. 
The owner shall keep all buildings, pens, fences, or other enclosures in which the dogs or cats are confined in a sanitary condition.
C. 
Kennel premises are subject to inspection at any time by animal control, police, or state or County Health Department officials.
A. 
The rabies vaccination of all dogs or cats six months or older under the licensee's control shall be the responsibility of any holder of a kennel license.
B. 
The burden of proving that all dogs or cats under the licensee's control have had the required rabies vaccination shall lie with the kennel license holder.
A. 
The City Manager may revoke any permit if the person holding the permit refuses or fails to comply with this article or the regulations put into action by the City Manager, or any law governing the protection and keeping of animals.
B. 
Any person whose permit is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept, or harbored by such person; and no part of the permit fee shall be refunded.
C. 
It shall be a condition of the issuance of any permit that the Animal Control Officer shall be permitted to inspect all animals and the premises where animals are kept at any time; and, if permission for such inspection is refused, it shall be the basis for denial of a permit to the refusing owner.
D. 
If the applicant has withheld or falsified any information on the application, a permit shall not be issued.
E. 
No person who has been convicted of cruelty to animals shall be issued a permit to operate a commercial animal establishment.
F. 
Any person having been denied a permit may not reapply for a period of 30 days. Each reapplication shall be accompanied by a fee as set by resolution.