Rolling Hills Municipal Code Ch. 6.52 Permits for More Than Three Dogs

Any person who was the owner or custodian of more than three licensed dogs which were more than four months of age on August 14, 1975, who desires to continue ownership and possession of such dogs in the City shall, within ninety days after adoption of the ordinance codified in this chapter, and yearly thereafter, file with the City Manager an application for a permit to retain ownership and possession of such dogs.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1301, 1976).

The application for a permit described in Section 6.52.010 shall be made on a form provided by the City and shall set forth in detail the following information:

A. Applicant's name and address;

B. Number of dogs owned by applicant and license number for current year issued for each dog;

C. Identification of each dog by breed;

D. Description of each dog owned or harbored by applicant including sex, color, weight, size (length, height and age);

E. Status of each dog (household pet, show dog, or kept for breeding purposes);

F. Description of facilities in which dogs are kept or maintained;

G. Any additional information required by the City Council to carry out the terms and provisions of this title.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1302, 1976).

At the time of filing the application, the applicant shall pay to the City Manager a fee as set forth in Chapter 6.56. No application shall be accepted by the City Manager until such fee has been paid.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1303, 1976).

Within ten days after filing the application, the City Manager shall place the application for a permit on the next regular meeting of the City Council as a separate agenda item.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1304, 1976).

Each application for a permit shall be placed in a separate file and maintained as such in the City records and shall be opened for public inspection in the City's office during regular business hours.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1305, 1976).

Notice of the date of the hearing on the application for the City Council shall be posted in the front window of the City Hall fifteen days prior to the date of said hearing. Such notice shall contain, among other things, the name and address of the applicant, the number of dogs in excess of three for which a permit is applied, and a statement that any resident desiring to object to the granting of the permit may do so by filing a written, signed letter setting forth his reasons for objecting to the granting of the permit or, in the alternative, may appear in person on the date of the hearing before the City Council and orally express objections to the granting of the permit. The City Clerk, prior to the date of hearing, shall file an affidavit stating that notice has been given as required by this section.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1306, 1976).

At the time of the hearing, the City Council shall consider all facts and evidentiary matter presented to it which relates to the granting of the request of the applicant. In making its decision, the Council shall evaluate, among other things, the following:

A. Objections, if any, filed personally or orally presented by residents of the City, and all signed complaints received by the City during the year preceding the date of application, regarding the conduct of applicant's dog;

B. The impact of approving the application and granting the permit on both neighbors of applicant and the City generally;

C. Whether or not the dogs for which a permit is requested have been neutered;

D. Whether or nor special facilities will be built or are presently maintained, and the adequacy thereof;

E. Whether or not such facilities have been constructed and are in compliance with applicable building codes of the City;

F. Whether or not the dogs are confined to the applicant's premises, are maintained inside a structure, or are allowed to roam unrestrained;

G. The extent that enclosures or other structures for the housing of such dogs are visible to other residences;

H. Whether or not applicant is in full compliance with the ordinances of the City regarding the keeping and maintaining of animals and dogs;

I. Whether or not the applicant would consent to and abide by reasonable regulations made as conditions to the granting of the permit by the City Council; and

J. Whether or not the applicant is in violation of or has failed to comply with any conditions or regulations attached as a condition of approval of any prior permit granted by the City Council.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1307, 1976).

The City Council shall have the power to continue from time to time or otherwise extend the hearing on the application to a subsequent date if it deems it necessary or desirable in order to make a fair and equitable decision on the application.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1308, 1976).

A. At the conclusion of the hearing, the City Council shall, within forty-five days, make one of the following decisions:

1. Approve the issuance of the permit as requested by the applicant;

2. Approve the issuance of the permit in part;

3. Conditionally approve the issuance of the permit;

4. Deny the issuance of the permit; or

5. Deny the issuance of the permit in part.

B. Written notice of the decision of the City Council shall be given forthwith to the applicant by United States mail, certified or registered, addressed to the applicant, and if the application for the permit is denied or is denied in part, the applicant shall have ninety calendar days from the date of the notice of decision to comply with the terms of the decision.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1309, 1976).

The permit issued by the City Council pursuant to the provisions of this chapter shall be in effect from February 1st to and including January 31st of the following year and must be renewed annually; provided further, however, that a permit may be sooner terminated or cancelled by order of the City Council as provided for in this chapter.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1310, 1976).

A. All permits issued by the City Council shall be accepted by the applicant subject to the express condition that if the City Manager has reasonable cause to believe that the conditions of the permit have been violated, the City Manager shall then have authority to order an inspection of applicant's premises during daylight hours for the sole purpose of determining if the conditions of the permit have been complied with.

B. The failure of the applicant to permit an inspection of the premises during daylight hours shall be good cause for the immediate cancellation of the permit by the City Council.

(Ord. 143 § 3(part), 1976; Ord. 136 § 1311, 1976).

If a permit expires (by failure of a resident to file a new application) or if a permit is cancelled by order of the City Council, then the applicant shall have ninety calendar days from the date of written notice from the City Manager that said permit has expired or has been cancelled or rescinded by order of the City Council to comply with the provisions of Section 6.48.040.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1312, 1976).

The owner of more than three licensed dogs on August 14, 1975, shall not be required to comply with the provisions of Section 6.52.010 providing each of said dogs in excess of three is neutered prior to December 31, 1976).

(Ord. 143 § 3(part), 1976: Ord. 136 § 1313, 1976).

The owner of more than three dogs on August 14, 1975, who fails to neuter said dogs as provided for in Section 6.52.130 must cause all of said dogs in excess of three to be disposed of or removed from the City within five years from the date of adoption of the ordinance codified in this chapter.

(Ord. 143 § 3(part), 1976: Ord. 136 § 1314, 1976).