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HomeMy WebLinkAboutOrdinance 09- 1754 Kennel Licensing Requirements Revisionsv' ORDINANCE NO. 1754 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 6.04.050, PROVIDING FOR REVISIONS TO THE KENNEL LICENSING REQUIREMENTS. WHEREAS, it is the intent of the City Commission to provide for and protect the health, safety and welfare of the citizens of Bozeman, promote residential harmony and ensure the well-being of properly licensed cats and dogs through efficient and expedient mechanisms by which cat and dog kennel licenses may be reviewed, granted or revoked. THEREFORE BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That Section 6.04.050 of the Bozeman Municipal Code be amended so that such section shall read as follows: 6.04.050 Kennel licensing requirements -Limit on number of cats and dogs kept A. It is unlawful for any person, group of persons in the same dwelling, or family, to keep, harbor, maintain or knowingly permit within the City of Bozeman (the City) more than two each of cats or dogs, over six months of age, without first having obtained a kennel license from the City as herein provided. This section shall not apply to licensed veterinarian hospitals or animal shelters, but it is intended to apply to keeping or maintaining kennels where cats and dogs are kept for breeding, sale, sporting purposes, boarding, or for the enjoyment of the household. Any person keeping or maintaining a kennel shall make application to the City for said kennel license; Kennel licenses, or the revocation thereof, shall be authorized or denied at the discretion of the Director of Public Safety -Police, or its designee. B. Kennel Licensing Procedure 1. All applications for a kennel license, including applications for renewal or reinstatement, shall be reviewed by the Director of Public '~ Safety -Police, or its designee, who shall investigate the premises of the proposed kennel and make ~ findings, as set forth herein, regarding said application. 2. All kennel licenses shall be for a designated purpose, and a specific number and type of cats and dogs. Licenses shall not be transferable from one person to another person or place. 3. New kennel licenses shall only be issued after the Director of Public Safety -Police, or its designee, after appropriate inspection of the applicant's proposed kennel and other appropriate investigation, approves the application. In addition, written notice of a pending kennel license application shall be provided by the applicant to all owners of real property within two hundred feet of the site in question, including the property owner if the site in question is not owned by the applicant, within fifteen (15) days of the application date and prior to final application approval by the Director of Public Safety -Police, or its designee. The notice(s), on forms provided by the city, shall specify the name and address of the applicant, the name and address of the owner of record of the property, a brief statement of the nature of the kennel license application, including the number and type of cats or dogs proposed in the application and reference to the procedures described herein. Additionally, the Applicant shall provide notice to the City Liaison: staff liaison to the InterNeighborhood Council and neighborhood associations. Applicant's failure to properly complete and deliver all notice forms may constitute cause to deny the application or revoke the kennel license. 4. The Director of Public Safety -Police, or its designee, for approving a 2 kennel license, shall find: (a) That all animals listed on the kennel license application possess current City of Bozeman pet licenses; (b) That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, fences and enclosures are adequate to properly relate such use with the land and uses in the vicinity; (c) That the proposed use will have no adverse affect on abutting properties or residents within the affected area; and (d) That any conditions stated in the approval are deemed necessary; and shall apply and be followed by the applicant and the property owner as a condition of approval. 5. Upon granting a kennel license, the Director of Public Safety - Police, or its designee, may thereafter inspect the premises to insure compliance with this chapter and insure the health and welfare of the animals. 6. A kennel license holder shall notify the Director of Public Safety - Police, or its designee, of any change in the operations which may affect the license and shall keep the Director of Public Safety -Police, or its designee, apprised of any change in name, use, or location of said kennel, including, but not limited to, changes in animals and numbers of either cats or dogs listed on the original kennel license application. C. The kennel license fee shall be in an amount as set by Resolution of the City Commission, and the license shall expire on the thirty-first (31) day of December of 3 v each year, unless sooner revoked. License fees shall be reduced by 50% if application is made, and subsequently approved, between July 1 and December 31. The kennel license application fee is non-refundable. D. Upon complaint being made to the Director of Public Safety -Police, or its designee, that a licensed kennel is being operated in an improper manner, after finding the kennel was operated improperly, as a nuisance, or a condition, or conditions, existed that would preclude the issuance of a license, the Director of Public Safety -Police, or its designee, may revoke the license of such kennel, after a minimum of seventy-two (72) hours notice to the licensee. The licensee may, at the discretion of the Director of Public Safety -Police, or its designee, be provided up to fifteen (15) days to mitigate an offending condition and thus have the license reinstated. Reinstatement findings by the Director of Public Safety -Police, or its designee, shall be made only after conduction of a subsequent site inspection and report stating that each offending condition of the kennel in question was satisfactorily corrected and the kennel complies with conditions set forth in this chapter. E. Upon annual re-application for a kennel license renewal, an inspection of the premises, in accordance with Section B of this chapter, may be waived unless conditions listed in Section D of this chapter are found to exist. F. Kennel License Application and Revocation Appeals Decision(s) by the Director of Public Safety -Police, or its designee, to deny or approve a kennel license application, revoke an existing kennel license or reinstate a revoked kennel license may be appealed to the City Commission. A written request for an appeal hearing before the City Commission shall be submitted to the Director of Public Safety -Police, or its designee. 1. Any appeal of a kennel license application approval or denial, or appeal of an existing kennel license revocation or reinstatement decision(s) by the Director of 4 ~y Public Safety -Police, or its designee, shall be in writing wherein the Appellant shall set forth the specific provision(s) of the decision(s) being appealed. 2. Written notice of an appeal of a kennel license application approval or denial or existing kennel license revocation or reinstatement, including specific provision(s) of the decision(s) being appealed and the date, time and location of the subsequent City Commission appeal hearing, shall be provided by the applicant, to all owners of real property within two hundred feet of the site in question, including the property owner if the site in question is not owned by the applicant, within fifteen (15) days past the appeal submittal date and at least fifteen (15) days prior to the scheduled hearing. Additionally, the Applicant shall provide notice of appeal to the City Liaison: staff liaison to the InterNeighborhood Council and neighborhood associations. Applicant's failure to properly complete and deliver all appeal notice forms may constitute cause to deny the appeal. 3. Upon review of an appeal, the City Commission shall have the authority to affirm, modify, or reverse the findings of Director of Public Safety -Police, or its designee. Commission affirmation, modification or reversal of a decision made by the Director of Public Safety -Police, or its designee, shall be final and binding. Section 2 Repealer All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Savings Provision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 4 Severability If any portion of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 5 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 12th day of January, 2009. KAAREN JAC SON Mayor ATTEST: ST C U EN, MC Bozem ity Clerk APPROVED AS TO FORM: J. R ERT PLANALP Interim City Attorney FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 26th day of January, 2009. KAAREN JAC SON Mayor ATTEST: ~-- S AC U EN, MC Bozem ity Clerk APPROVED AS TO FORM: J. RO T PLANALP Interim ity Attorney 7