The keeping of five animals or more per premises shall be deemed a kennel.
No person shall operate a kennel, pet shop or an animal hospital without having first obtained a license therefor from the Division of Health.
All applications for licenses shall be made at the Office of the Division of Health during regular office hours, and the fees for every license or permit shall be paid in advance at the time of making the application therefor.
[Amended 10-13-1992 by Ord. No. 2375]
The yearly fee for each license issued hereunder shall be as set forth in Chapter 145, Fees.
No fee for any license issued under this article shall be required of any person declared by state law to be exempt from the payment of any such fee.
The granting of any license may be withheld at the direction of the Division of Health, pending examination, investigation or inspection of the person who or the premises which may be the subject matter of the license under consideration.
No license to operate a kennel, pet shop or animal hospital shall be granted when the keeping of dogs, cats or animals, because of the location surroundings and characteristics of the premises, would be detrimental or likely to cause discomfort or annoyance to those residing or carrying on business in the neighborhood.[1]
[1]
Editor's Note: Issuance of a kennel license is contingent upon compliance with the applicable provisions of Ch. 190, Land Use and Development.
No license to operate a kennel, pet shop or animal hospital shall be granted unless the building and premises are so located and equipped as to prevent noise, stench and unsanitary conditions from arising or existing in the operation thereof.
[Amended 6-28-1983 by Ord. No. 1891]
All licenses issued under this article shall be valid only for the balance of the fiscal year in which they are issued, unless otherwise provided in this article. No such license shall be transferable or assignable. Each license issued hereunder shall expire on the last day of June in each year.
The Division of Health shall evidence the granting of any license issued by furnishing to the licensee a suitable card, sign, placard, disc, plate or other writing which shall convey information concerning the nature of such license, the serial number of the same, the name of the person to whom the same has been issued, the year in which the same is so issued, the premises so licensed, if that be material or required, and such other information as the Division of Health may deem pertinent.
Every license issued by the Division of Health shall be displayed in a conspicuous place in the establishment, premises or other place for which the same is issued for the period that such license shall be in force, unless the Division of Health shall otherwise prescribe.
A. 
Every license issued under this article may at any time during the term for which the same is so issued be suspended by the Division of Health or, in an emergency, by the Health Officer, pending a hearing to be granted the holder thereof pursuant to a notice to show cause by the Division why such license should not be suspended further or revoked.
B. 
No such license shall be suspended unless the Health Officer shall file with the Division a complaint or charges evidencing one or more violations of this article under which such license was originally issued.
C. 
Every suspension ordered under this section shall automatically terminate two weeks from the date thereof unless the continuance of such suspension shall be ordered by the Division, and then such suspension shall continue only during the period of any such continuance so ordered by the Division.
D. 
During the period of any such suspension or ordered continuance thereof, every license so suspended shall be ineffective, and the holder thereof shall, during the entire period of such suspension, cease the operation of any business or discontinue every activity or use permitted under the license suspended.
A. 
Any license issued under the provisions of this article may be revoked at any time by the Division of Health for just cause or if the license or any of the employees, agents or servants of such licensee shall violate:
(1) 
Any of the provisions of this article.
(2) 
The Sanitary Code of the State Department of Health specifically applicable to the subject matter for or upon which such license was issued.
B. 
Before any license may be revoked, the holder thereof shall be given a hearing and an opportunity to be heard on the complaint made or violation charged against him.
C. 
The time and place for such hearing shall be fixed at the discretion of the Division, provided that an unreasonable time shall not be permitted to elapse between the date of any suspension of license and the date fixed for the hearing.
D. 
Notice of the time and place of any hearing held under this section shall be given by the Division to the holder of the license so involved, in writing, and served either personally or sent to him by registered mail, addressed to him at the address stated in the license.
E. 
A licensee who fails to appear at the time and place fixed for such hearing shall not be entitled to any further hearing, and in that event, his license may as a matter of course be forthwith revoked.
A. 
Except as otherwise provided in this article, any person who shall do or commit any act prohibited by the terms of this article; or do or commit any act for which a license is required without having secured and being in possession of a valid license at the time of the doing or commission thereof; or omit to do or perform any act required by him to be so done or performed by this article; or maintain any place, establishment, vehicle, conveyance, equipment or article in violation of any of the provisions of this article; or fail to maintain any condition, equipment or facility required to be maintained by this article; or fail to install any article of a particular type, kind, quality or specification where such installation is required; or in any manner, by deed, act, act of commission or act of omission, violate any one or more of the provisions of this article; shall upon conviction thereof or upon conviction of any violation of the provisions hereof, be subject to a penalty or judgment of not more than $500 and, upon conviction and refusal or neglect to pay the amount of such penalty or judgment, to be committed to the county jail for a period of time not exceeding 90 days or, if he shall have been twice convicted within the space of six months of the violation of this article and due proof of that fact is made, he may be imprisoned in the county jail or county workhouse for any number of days not exceeding one day for each dollar of the penalty, in addition to the imposition of the penalty prescribed above, all in the discretion of the Municipal Judge or other officer before whom the complaint shall be brought.
[Amended 12-11-1984 by Ord. No. 1953]
B. 
In the event that any violation of this article shall also be a violation of a state law for which is provided a greater penalty or judgment than that contained in this section, the Municipal Judge or trial judge before whom any complaint is brought based upon such violation shall, in his discretion, have the right to impose, in the place and in lieu of any penalty provided for herein, that so provided in the state law which has been so violated.