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ti <br />N <br />PUBLIC PROTECTION <br />(b) It is unlawful for any person to own, <br />harbor, keep or house three or more dogs, or five <br />or more cats, over six months of age on any one <br />lot or property without a valid residential or <br />commercial kennel license. <br />(c) It is unlawful for any person to operate <br />any kennel for business or commercial purposes, <br />including sale, boarding, breeding, grooming, <br />training or medical care, without a valid com- <br />mercial kennel license. <br />(d) It is unlawful for any person to construct, <br />keep, maintain or use a kennel structure for one <br />or more dogs without a valid residential or <br />commercial kennel license; except that kennel <br />structures used for not more than two dogs over <br />six months of age need not be licensed if the <br />kennel structure is located in a side or rear yard <br />and is not less than 30 feet away from any <br />property line. <br />(Code 1984, § 5.36(2); Code 2003, § 62-181; Ord. <br />No. 208(2nd series), § 2, 10-22-2001) <br />Sec. 5.28.720. Standards. <br />All kennel licenses are permissive only, grant- <br />ing limited authority to the licensee according to <br />the provisions of each license. Kennel licenses <br />may be issued by the city clerk only after review <br />and approval by the council. The council shall <br />review each kennel license application for <br />pertinent facts and circumstances, including, but <br />not limited to, location in the city, zoning, lot <br />size, number of animals, existing or proposed <br />kennel facilities, including location on the lot, <br />kennel maintenance, sanitation, keeping too many <br />animals, nuisance complaints, excessive noise, <br />running at large, odors perceptible beyond the <br />property line, commercial activities occurring at <br />a residential kennel or any previous animal or <br />kennel license violations by the applicant. <br />(Code 1984, § 5.36(4); Code 2003, § 62-182; Ord. <br />No. 208(2nd series), § 3, 10-22-2001) <br />Sec. 5.28.730. Residential kennel license <br />standards and require- <br />ments. <br />Residential kennel licenses are intended as a <br />special privilege to be granted upon a showing <br />that the keeping of more than the allowed <br />§ 5.28.750 <br />amount of animals and/or a kennel structure <br />location will not be a public nuisance or otherwise <br />adversely affect neighboring persons or property. <br />The council shall have the authority to limit the <br />maximum number of animals kept at any <br />residential kennel based upon the kennel <br />standards listed in section 5.28.720. No residential <br />kennel license shall be granted unless the property <br />contains a proper kennel structure or is otherwise <br />fenced to prevent the dogs from running at large. <br />Nothing in this chapter shall preclude the breed- <br />ing of licensed dogs kept at a residential kennel, <br />the sale of offspring, the occasional sale of licensed <br />dogs, or the private grooming, training or medi- <br />cal care of such dogs on the premises. <br />(Code 1984, § 5.36(5); Code 2003, § 62-183; Ord. <br />No. 208(2nd series), § 4, 10-22-2001) <br />Sec. 5.28.740. Commercial kennel license <br />standards and require- <br />ments. <br />New commercial kennel licenses shall be issued <br />only for property that is properly zoned for <br />business purposes or for rural residential property <br />of sufficient acreage to comply with chapter 6.12. <br />No commercial kennel license shall be granted <br />unless the property contains a kennel structure <br />and other enclosed buildings sufficient to oper- <br />ate the business without nuisance or other adverse <br />effects on neighboring properties. <br />(Code 1984, § 5.36(6); Code 2003, § 62-184) <br />Sec. 5.28.750. License period. <br />All kennel licenses shall expire on December <br />31 of each year. Application for renewal of an <br />existing kennel license shall be made to the city <br />clerk at least 30 days prior to the expiration <br />date. <br />(Code 1984, § 5.36(3); Code 2003, § 62-185) <br />CD5:55 <br />