09-28-1988 - Agenda Packet City Council - regular meeting

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ORDINANCE NO. 239 _ c) It shall be unlawful for any person to construct, keep, maintain or use a kennel structure for one or more dogs without a valid residential or commercial kennel license, except that kennel structures used for not more than two dogs over six months of age need not be licensed if said kennel structure is located in a side or rear yard and is not less than thirty (30) feet away from any property line. 63.181 Kennel License Standards. All kennel licenses are permissive only, granting finite aut or ty to the licensee according to the provisions of each license. Kennel licenses may be issued by the City Clerk only after review and approval by the City Council. The City Council shall review each kennel license application for pertinent facts and circumstances including, but not limited to, location in the City, zoning, lot size, number of dogs, existing or proposed kennel facilities including location on the lot, kennel maintenance, sanitation, and any previous dog or kennel license violations by the applicant such as keeping too many animals, nuisance complaints, excessive noise, running at -large or commercial activities occurting at a residential kennel. Based upon their findings, the City Council may grant or deny any kennel license application, or they may grant a license subject to reasonable standards or conditions. Kennel licenses may at any time be revoked by the City Council for cause including violation of any license condition, provision of this Chapter, or any other ordinance or law. Prior to any revocation, notice shall be given to the licensee who shall be granted a hearing before the Council to show cause why the license should not be revoked. 63.182 Residential Kennel License Standards and Re uirements. Residential kennel licenses are nten a as a special privt a ge to a granted upon a showing that the keeping of more than the normal two dogs, and/or a kennel structure location will not be a public nuisance or otherwise adversely affect neighboring persons or property. The City Council shall have the authority to limit the maximum number of dogs kept at any residential kennel based upon the kennel standards listed in Section 63.181. No residential kennel license shall be granted unless the property contains a proper kennel structure or is otherwise fenced to prevent the dogs from running at large. Nothing in this Chapter shall preclude the breeding of licensed dogs kept at a residential kennel, the sale of offspring, the occasional sale of licensed dogs, or the private grooming, training or medical care of such dogs on the premises. 63.183 Commercial Kennel License Standards and Re uirements. New commercial kennelcenses she be tssu�oZy of property that is properly zoned for business purposes or for rural residential property of sufficient acreage to comply with Section 34.822 of the Zoning Code. Commercial Kennels shall not be allowed as a residential "home occupation" pursuant to Section 34.043 of the Zoning Code. No commercial kennel license shall be granted unless the property contains a kennel structure and other enclosed buildings sufficient to operate the business without nuisance or other adverse effect on neighboring properties. 63.184 Kennel License Duration. Kennel licenses shall be issued on an annual basis expiring on March 1 of each year. Application for annual renewal of an existing kennel license shall be made to the Cit Clerk at least 30 days prior to the license expiratlCn date.