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HomeMy WebLinkAboutProvisional adoption of Ordinance No. 1754, Kennel Licensing Requirements1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Assistant to the City Manager SUBJECT: Provisional adoption of Ordinance 1754, revision to Bozeman Municipal Code (BMC) 6.04.050, Kennel Licensing Requirements. MEETING DATE: January 12, 2009 _____________________________________________________________________________________ RECOMMENDATION: Conduct a public hearing and suggest changes to Ordinance 1754. Consider a motion provisionally adopting Ordinance 1754, including Commission amendments and conditions, and direct staff to return to the Commission for the second reading of Ordinance 1754 on January 26, 2009. BACKGROUND: The Commission directed staff to revise BMC 6.04.050, Kennel Licensing Requirements, and reassign licensing approval, denial and revocation authority to appropriate City staff and establish an appeal process whereby the City Commission exercises authority to hear and decide kennel license approval, denial and revocation appeals. Upon review, it was determined that in addition to the changes directed by the Commission, several important modifications could be inserted to improve BMC 6.04.050. Suggestions were compiled from a number of City departments, divisions and the public. Contributors include the Bozeman Police Department, Animal Control Division, Finance Department, Legal Department, the City Manager’s office and an InterNeighborhood Council representative. 162 2 In summary, recommended revisions include: 1) Establishment of Commission intent. The existing ordinance does not articulate the intent of the Commission. Revisions include the following recital: “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.” 2) Clarification of the number and type of animals required to trigger the necessity for a kennel license, BMC 6.04.050 A. The current language regarding the number of cats and dogs an owner must board to trigger the need for a kennel license is unclear. “More than two dogs or cats” could be interpreted to mean cats and dogs in combination and equaling more than two and perhaps up to four animals, would trigger the need for kennel license. Based on current practice, this is not the policy. The intent is further refined by restating the former as “more than two each of cats or dogs” thus clarifying that two cats or two dogs boarded at the same residence would not necessitate a kennel license but the addition of a third of either animal shall force that consequence. Ordinance 1754, 6.04.050 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 dogs or cats 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.” 163 3 3) Redefinition of the approval process and approval authority BMC 6.040.50 B 1. The Commission directed staff to amend the existing code section to redirect approval authority from the City Commission to appropriate City staff. The revisions below provide the Director of Public Safety - Police, or its designee [Animal Control Officer], the authority to review, approve, deny or revoke a kennel license and removes the call for a public hearing. This revision provides for an administrative review process and empowers City staff to determine whether or not a kennel license is appropriate under the Applicant’s specific circumstances and with consideration of comments and perspectives from neighboring residents. Ordinance 1754, 6.04.050 B 1: “New kennel licenses shall only be issued after a hearing the Director of Public Safety - Police, or its designee, after appropriate inspection of the applicant’s proposed kennel and other appropriate investigation, City Commission approves the application.” 4) Redefinition of noticing requirements and process for kennel license applications and appeals, BMC 6.04.050 B 3 and 6.04.050 F 2, respectively. In an effort to promote residential harmony, written notice of kennel license applications and appeals must be provided to residents within 200 feet of the proposed kennel within two weeks of filing an application or appeal. Proof of mailing must be provided in the form of a signed affidavit of mailing of notices to adjoiners, or compliance certificate. A signature on a Certificate of Property Adjoiners List will ensure that all residents within the 200 foot radius of the applicant will be properly noticed. It will be the applicant’s responsibility to compile a complete adjoiners list. Notice should also be provided to the property owner if the property where a kennel is proposed is not owned by the applicant. Finally, the City Liaison should get a copy of the notice and will communicate the information to recognized neighborhood representatives, as appropriate. The City will provide applicants and appellants with a standardized notice form, which can be customized with the appropriate information for an applicant or appellant. The City will also provide all other associated forms including certificates and affidavits. Failure to comply with noticing requirements constitutes cause for denial of a kennel license application. 164 4 Ordinance 1754, 6.04.050 B 3: “In addition, written notice of a pending kennel license application the 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, not more than 30 days nor less than within fifteen (15) days of the application date and prior to the scheduled hearing and final application approval by the Director of Public Safety - Police, or its designee. specifying the date, time and place for said approvals. It 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 hearing kennel license application, including the number and type of cats or dogs proposed in the application and approvals, and a 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.” Ordinance 1754, 6.04.050 F 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.” 165 5 5) Addition of one finding of fact, BMC 6.04.050 B 4 (a). As a matter of public health, safety and welfare, the inclusion of a finding of fact to the ordinance concerning licensure of all animals listed on a kennel license application, reinforces the importance of registering all cats and dogs with the City and will thus compel the Director of Public Safety - Police, or its designee, to require licensure as a condition of approval. Additionally, this condition aids the City in ensuring the well-being of properly licensed cats and dogs. Ordinance 1754, BMC 6.04.050 B 4 (a): “4. The City Commission Director of Public Safety - Police, or its designee, in for approving a kennel license, shall find as follows: (a) That all animals listed on the kennel license application possess current City of Bozeman pet licenses;” 6) Addition of a mitigation process, BMC 6.04050 D. The language in this section allows a kennel license holder, at the discretion of the Director of Public Safety – Police, or its designee, an opportunity to mitigate any deficiencies found to exist on the property where a kennel is licensed. This provision also aids in ensuring the well-being of properly licensed cats and dogs. Ordinance 1754, BMC 6.04050 D: “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.” 166 6 7) Creation of an a kennel license approval, denial and revocation appeals process through the Bozeman City Commission, BMC 6.04050 F 1 – 3. The appeal process set forth below is a modified version of that found in Ordinance 1728, the Neighborhood Recognition Ordinance. Simply stated, this provision allows either an applicant or neighboring resident to appeal a decision by the Director of Public Safety - Police, or its designee. Additionally, kennel license revocations are included under this recommended appeal process as are appeal noticing procedures which remain consistent with those recommended in 4) Redefinition of noticing requirements and process for kennel license applications and appeals, above. Ordinance 1754, BMC 6.04050 F 1 – 3: “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 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 167 7 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.” In conclusion, staff’s recommended revisions to certain sections of the Kennel Licensing Requirements, 6.04.050, address each of the three proposed criteria in the recommended recital: 1) protect the health, safety and welfare of the citizens of Bozeman; 2) promote residential harmony; and 3) ensure the well-being of properly licensed cats and dogs. Taken collectively, the recommended revisions to the Kennel Licensing Requirements reinforce the Commission objective of improving the efficiency and expediency by which kennel licenses are reviewed, granted or revoked while maintaining, at the appeal level, the Commission’s full review authority. FISCAL EFFECTS: Undetermined ALTERNATIVES: As directed by the Commission. Respectfully submitted, _____________________ ________________________ Brit Fontenot, Assistant to the City Manager Chris Kukulski, City Manager Attachments: (1) Ordinance 1754 (2) E-mail comments on Ordinance 1754 from INC member Mr. Bill VandenBos (3) SAMPLE – Certificate of Adjoining Property Owners List (4) SAMPLE – Compliance Certificate 168 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. 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 animals 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 dogs or cats 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 animals 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 Commission for said kennel license, . Kennel licenses, or the revocation thereof, which shall be authorized or denied refused in at the sole discretion of the Commission 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 an animal control 169 2 officer the Director of Public Safety - Police, or its designee, who shall investigate the premises of the proposed kennel and make a findings, as set forth herein, recommendation to the City Commission regarding said application. A kennel license shall authorize periodic inspections by the Animal Control Officer to insure compliance with the code and insure the health and welfare of the animals. 2. All kennel licenses shall be for a designated purpose, and a specific number and type of animals 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 a hearing the Director of Public Safety - Police, or its designee, after appropriate inspection of the applicant’s proposed kennel and other appropriate investigation, City Commission approves the application. In addition, written notice of a pending kennel license application the 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, not more than 30 days nor less than within fifteen (15) days of the application date and prior to the scheduled hearing and final application approval by the Director of Public Safety - Police, or its designee. specifying the date, time and place for said approvals. It 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 hearing kennel license application, including the number and type of cats or dogs proposed in the application and approvals, and a reference to the procedures described herein. Additionally, the Applicant shall 170 3 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 City Commission Director of Public Safety - Police, or its designee, in for approving a kennel license, shall find as follows: (a) That all animals listed on the kennel license application possess current City of Bozeman pet licenses; (a) (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; (b) (c) That the proposed use will have no adverse affect on the abutting property properties or residents within the affected area; and (c) (d) That any conditions stated in the approval are deemed necessary, and shall apply and be adhered to followed by the applicant and the property owner of the land 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 animal control officer Director of Public Safety - Police, or its designee, of any change in his or her the operations which may affect his or her the license and shall 171 4 keep the animal control officer Director of Public Safety - Police, or its designee, apprised of any change in name, use, or location of his or her 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 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, City Commission that a licensed kennel is being operated in an improper manner, and upon after finding that the kennel was operated improperly, as a nuisance, or in a condition, or conditions, existed that would preclude the issuance of a license, the Director of Public Safety - Police, or its designee, City Commission may revoke the license of such kennel, after a minimum of twenty-four seventy-two (72) hours notice to the licensee. and a hearing. 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. Upon revocation of a kennel license, and prior to reinstatement, the Animal Control Officer may thereafter inspect the premises to insure compliance with 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 172 5 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 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. 173 6 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 ____th day of _________ 2009. ________________________ KAAREN JACOBSON, Mayor ATTEST: _____________________________________ STACY ULMEN, CMC Bozeman City Clerk 174 7 APPROVED AS TO FORM: ___________________________________ J. ROBERT 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 ____th day of __________ 2009. ________________________ KAAREN JACOBSON, Mayor ATTEST: _____________________________________ STACY ULMEN, CMC Bozeman City Clerk APPROVED AS TO FORM: ___________________________________ J. ROBERT PLANALP Interim City Attorney 175 1 Brit Fontenot From:VandenBos Family [wmjvandenbos@msn.com] Sent:Tuesday, January 06, 2009 10:19 AM To:Brit Fontenot Subject:kennel language Here are some suggestions for the kennel ordinance, Brit. Maybe another WHEREAS of sorts: Pet ownership enhances the enjoyment of life for many individuals it also can easily interfer with the enjoyment of life for others as well as the health and safety of the general public. Laws requiring leashing, cleanup of fecal material, as well as those dealing with biting and barking all recognize this reality. Ownership of multiple animals within the city limits can have a dramatic negative effect on neighbors and neighborhoods where animals are harbored in increased concentrations. Greater responsibilities both for the care of pets as well as the undisturbed enjoyment of life for neighbors are issues that can be addressed through the granting and revocation of kennel licenses. The "expedient mechanisms" listed in the existing WHEREAS can be made more objective in the following manner: Addition to B (3) Extend the notification to organized neighborhood associations, as other notification processes have been expanded. Addition to B (4) b Develop specific objective criterion as to adequate size--square footage, fencing, enclosures. Certainly Connie Lien has a good feel for this, and her working knowledge can be used as a partial basis for establishing criterion. Addition to B (4) c That the proposed use will have no adverse affect on the enjoyment of life by neighbors on abutting properties or the neighborhood at large. Addition to C Discount applies to first-time applicants only, not lapsed licenses. Licensees who allow their license to lapse must reapply. Additional fees associatied with reapplication. Renewals are to occur within the first 30 days of the new year. Addition to D Kennel licensees stipulate to their understanding of and intention to comply with existing animal control ordinances. Compliance with existing animal control ordinances is a condition of obtaining and renewing kennel licenses. A violation (citation) of animal control ordinance shall be grounds for non-renewal of kennel license. Thanks Brit. Let me know if I can be of further assistance in this matter. Bill 176 CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) 177 NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code. This new ordinance contains the following requirement: Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.82.020, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. I, , hereby certify that I have delivered via certified mail, e- mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known as in compliance with Section 2.82.02 of the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete and may result in a delay in the review of this project. Signature Date (Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08) NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code. This new ordinance contains the following requirement: Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.82.020, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. I, , hereby certify that I have delivered via certified mail, e- mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known as in compliance with Section 2.82.02 of the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete and may result in a delay in the review of this project. Signature Date 178