Chapter 7.60 — PERMITS

A.

It is unlawful for any person to conduct, or operate an animal event without first obtaining a permit under this part. No person may obtain more than one (1) permit within a twelve-month period.

B.

It is unlawful for any person to operate an animal facility without first obtaining a permit under this part.

(Ord. 28079.)

A.

It is unlawful for any person to conduct or operate an animal event in violation of this part.

B.

It is unlawful for any person to conduct or operate an animal facility in violation of this part.

(Ord. 28079.)

Unless permitted by other provisions of this part, no permit to operate any commercial kennel or animal shelter within two hundred fifty (250) feet of any dwelling unit, apartment, motel, hotel, or other building

used for human habitation may be issued or renewed.

(Ord. 28079.)

A.

An application for a permit to operate an animal event or animal facility must be made in writing to the administrator and accompanied by a processing fee as set forth in the schedule of fees adopted by resolution of the city council. The permit is valid for a twelve-month period.

B.

Such application must be on a form approved by the administrator. The applicant must furnish a list of the types of animals to be maintained or used for the stated purpose, together with the approximate number of animals of each type.

C.

The administrator may establish regulations and standards relating to:

The maximum number and species of animals to be kept or maintained on the premises;

The construction, sanitation, and maintenance of facilities; and

Any other regulations and standards in conformity with and for the purpose of carrying out the intent of this title. Compliance with such rules and regulations is a prerequisite to the issuance and continued validity of any permit provided pursuant to this part.

D.

The permitholder must maintain a record of the names and addresses of persons from whom animals are received and to whom the animals are sold, traded, or given. This record must be presented to the administrator for review upon request.

(Ord. 28079.)

A.

Upon receipt of an application for an animal facility permit for a commercial kennel, private kennel, or animal shelter, the administrator must determine whether or not the location of the commercial kennel or animal shelter is within two hundred fifty (250) feet of a dwelling unit, apartment, motel, hotel, or other

building used for human habitation. If the commercial kennel or animal shelter is not within two hundred fifty (250) feet or if an exemption is granted for a commercial kennel or animal shelter under Section 7.60.100, the administrator may approve the application.

B.

If the administrator finds that all general regulations relating to animals that are set forth in this title have been complied with by the applicant for any permit authorized to be issued under the provisions of this part, such permit may be issued upon payment of the applicable fee. If the administrator should find that any or all of the general regulations relating to animals are not complied with by any such applicant, such permit may not be issued.

(Ord. 28079.)

A.

Any permit issued under this part expires twelve (12) months from the date of issuance. The procedure for the renewal of a permit is the same as for an original permit.

B.

Upon failure to make application for the renewal of a permit within thirty (30) days of the expiration of a permit, or prior thereto, the applicant pays, in addition to the permit fee, a late permit renewal fee as set forth in the schedule of fees adopted by resolution of the city council.

(Ord. 28079.)

The permit may not be sold, assigned or transferred and covers only the premises designated and the person to whom the permit was originally issued.

(Ord. 28079.)

As a condition to the issuance or renewal of a permit under this part, the administrator has the authority to inspect the animal facility or animal event at any reasonable time.

(Ord. 28079.)

A.

The Administrator may grant an annual exemption from the restrictions contained in Section 7.60.040 to commercial kennels and animal shelters provided an application for exemption is filed in accordance with

Subsection B. of this section, and further provided that the administrator has made any finding required by Subsection C. of this section.

B.

Applications for exemptions pursuant to this section must be made in writing to the administrator. The application must be filed concurrently with the commercial kennel or animal shelter permit applications required by Section 7.60.050. Application for exemptions pursuant to this section must contain the name and address of the applicant and a plot plan in form approved by the administrator. The plot plan must show the location of the commercial kennel or animal shelter relative to the locations of any places of human habitation existing within two hundred fifty (250) feet of the commercial kennel or animal shelter at the time of the application.

C.

In the event that a commercial kennel or animal shelter exemption application is filed on behalf of a commercial kennel or animal shelter whose previous exemption was revoked pursuant to this section the following information must be supplied by the applicant, in addition to that information required by Subsection B. of this section, before any further exemption is granted:

The applicant for the exemption must furnish proof to the satisfaction of the administrator that conditions of the care and handling of the animals or other circumstances existing at the facility at the time of the violation resulting in the earlier exemption revocation have been changed so as to remove the danger of future violations of Section 7.60.120. If the administrator finds that such proof has been provided, the administrator may grant the exemption, provided that all other requirements of this section have been met.

D.

Exemptions granted hereunder expire at the same time as the annual animal facility permit for a commercial kennel or animal shelter permit issued by the administrator. The applicant may apply for a renewal of the exemptions upon such expiration as a condition to obtaining a renewal of the permit. Renewals are subject to all the provisions, requirements, and conditions set forth in this section.

E.

The administrator may revoke the exemption granted to a commercial kennel or animal shelter under this section if, during any one-year period, two or more violations under Section 7.60.120 result from incidents occurring at the commercial kennel or animal shelter.

F.

Nothing herein contained nor any exemption granted hereunder permits the maintenance of a public nuisance or permits the violation of any other applicable law, ordinance, or regulation.

(Ord. 28079.)

No person may cause or permit the sound level of animal noise emanating from any commercial kennel, private kennel, or animal shelter within the city to exceed the background noise level by ten (10) dBA or more, three (3) or more times within any five-minute period, when such sound level of animal noise is measured at any dwelling unit, apartment, motel, hotel, or other building used for human habitation which is located within two hundred fifty (250) feet of a kennel or animal shelter.

A.

The following definitions and procedures are applicable to this section:

"Sound level" is the apparent loudness measured in decibels on the A-weighted scale as defined in the American National Standards Institute S 1.4-1971, or the latest approved revision thereof, and hereafter referred to as dBA.

"Background noise level" is the average sound level over five (5) minutes excluding random or intermittent noises, and excluding animal noise emanating from the kennel.

"Decibel" is a unit of measure of sound (noise) level relative to a standard reference sound on a logarithmic scale. The decibel level of a given sound is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure in micronewtons per square meter of the sound being measured to the standard reference sound pressure of twenty (20) micronewtons per square meter (0.0002 microbar, or twenty (20) micropascals).

"Measurement of sound level of animal noise." For the purposes of this section, the sound level of animal noise is measured on the A-weighted scale with a sound level meter satisfying at least the applicable requirements for Type 1 sound level meters as defined in American National Standards Institute S 1.41971 or the most recent revisions thereof. The meter is set for slow response speed, except that for impulse noises or rapidly varying sound levels, fast response speed may be used. Prior to each measurement period, the meter is calibrated and adjusted to plus-minus three-tenths decibel by means of an acoustical calibrator and the calibration is to be verified by means of an acoustical calibrator immediately following each noise level survey.

For outside measurements the microphone may not be less than four (4) feet (1.22 meters) above the ground and must be protected from the effects of wind, noises, and other extraneous sounds by the use of screens, shields, or other appropriate devices.

"Measurement of background noise level." Background noise level must be measured at the same location that is used for the measurement of the sound level of animal noise emanating from any kennel within the city. Background noise level is the average sound level measured at a particular location over a five-minute

period. Such average sound level must not include random or intermittent noises or animal noise emanating from the particular kennel being investigated.

B.

Averaging may be done by instrumental analysis in accordance with American National Standard S- 1.13.1971, or may be done manually as follows:

Observe a sound level meter for five (5) seconds and record the next estimate of the central tendency of the indicator needle, and the highest and lowest indications.

Repeat the observations as many times as necessary to provide that observations are made at the beginning and the end of the five (5) minute averaging period and that there is at least as many observations as there are decibels between the lowest low indication and the highest high indication.

Calculate the arithmetical average of the observed central tendency indications.

(Ord. 28079.)

Every person who owns, conducts, manages, or operates an animal event or animal facility must comply with each of the following conditions:

A.

All animal facilities must be constructed and operated and all animal events must be operated in a manner that reasonably protects public health and safety and the safety of the animals.

B.

No animal and fish, except animals in a pasture provided with adequate food and water, may be without attention for more than twenty-four (24) consecutive hours. The name, address, and telephone number of a person responsible for the animal must be posted in a conspicuous place, visible from outside the animal facility or at the main gate of a pasture where the animals are kept, unless the owner/guardian or attendant of the animals and fish is immediately available on the premises.

C.

All sick, diseased, or injured animals and fish must be isolated from healthy animals and fish at all times and given proper veterinary treatment. The administrator may order the operator of the animal facility or animal event to immediately seek treatment from a licensed veterinarian for any animal or fish.

D.

All animals and fish must be treated in a humane manner.

E.

Compliance.

The administrator has the authority to enter the animal facility or animal event except by means of force when the administrator has reason to believe that the provisions of any permit or this title, applicable state law, or the rules and regulations of the administrator are being violated. The failure of the operator to consent to the entry is grounds for the revocation of the permit.

Failure of an applicant or a permit holder to comply with any of the provisions of the permit, this title, or applicable state law, or the rules and regulations of the administrator is just cause for the denial of any permit, either original or renewal, or for revocation of a permit.

F.

In addition to all the conditions stated in this section, every person who owns, conducts, manages, or operates any pet shop must comply with each of the following conditions:

Housing facilities for animals and fish must be within a wholly enclosed structurally sound building, as defined in Section 7.10.065.

Every pet shop must have a heating and cooling system and a ventilation system, that has been properly installed and meets all permit requirements, to regulate the temperature therein within a range suitable for the size and species of each animal and fish, to prevent drafts and to remove odors; and an electrical system that has been properly installed and meets all permit requirements to support the required ventilation, heating, and cooling systems.

All animal and fish housing facilities including, but not limited to, animal rooms, cages, runs, and stalls, must provide a means to keep animals out of direct sunlight.

All pet shops must include a properly installed and permitted hot and cold running water system which is connected to sanitary sewer facilities.

(Ord. 28079.)

The administrator may deny or revoke any permit issued pursuant to this part in any of the following situations:

A.

The administrator has determined by inspection that any animal facility or animal event fails to meet any of the conditions of the permit, this title, or applicable state law.

B.

The administrator has reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for a permit.

C.

If the applicant or permit holder has been found by a hearing officer to have committed more than two (2) violations in a twelve-month period of this title, or by a court of law of this title or state laws relating to animals or public nuisance caused by animals, or has been convicted of cruelty to animals in this or any other state within the previous five (5) years. For the purpose of this section, a forfeiture of bail is deemed to be a conviction of the offense charged.

(Ord. 28079.)

If the administrator seeks to deny the application or revoke the permit, the administrator must send the applicant or permit holder a notice of intent to deny or revoke, which must state the following:

The reasons for the denial or revocation;

That the applicant or permit holder may appeal the intended decision by requesting a hearing in writing;

That the request for a hearing must be received by the administrator within five (5) business days after service of such notice if he or she wishes to challenge the denial or revocation. Service may be personally or by first-class mail, postage prepaid;

That the failure to appeal the administrator's intended decision terminates the applicant or permit holder's right to a hearing.

(Ord. 28079.)

A.

Upon receipt of a request for a permit denial or revocation hearing, the hearing officer must set the date, time, and place for the hearing. The hearing officer must cause notice of the hearing to be mailed to the person requesting a hearing at least five (5) business days before the date of the hearing.

B.

At the hearing, the applicant or permit holder and the administrator may be represented by counsel, may present evidence, and may cross-examine witnesses. Strict rules of evidence do not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

C.

Any witness appearing may present evidence.

D.

The hearing officer may also cause notice to be sent to the owners of each property within three hundred (300) feet of the property designated in the permit or permit application. This notice must state:

The date, time, location, and nature of the hearing;

The reasons for the denial or revocation; and

That the parties notified have a right to present any relevant evidence with regard to the denial or revocation of the permit.

(Ord. 28079.)

A.

The decision of the hearing officer is final. Any appeal of the final administrative decision must be pursuant to Section 1.16.010.

B.

The hearing officer's decision must be supported by evidence on the record.

C.

If the hearing officer upholds the decision to deny the permit application or revoke the permit, then the hearing officer may direct that the owner/guardian of the animals and person with the right to control the animals remove all animals from the premises covered by the permit or permit application within ten (10) business days after service of the notice of decision. Service may be personally or by first-class mail, postage prepaid.

(Ord. 28079.)

If a permit has been denied or revoked, the administrator may not accept a new permit application from the same person for the same activity at the same location during the six-month period after such denial or revocation, unless the applicant shows, and the Administrator finds by inspection or investigation, that the grounds upon which the previous application was denied or the permit revoked no longer exist.

(Ord. 28079.)