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HomeMy WebLinkAboutORD 91-69 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 5, SECTION 5-17 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE PROVISIONS CONCERNING COMMERCIAL KENNELS AND ESTABLISH A DOG AND CAT FANCIER'S PERMIT AND REGULATIONS PROVIDING FOR SUCH PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 5, Section 5-17 of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended, to read as follows: "Sec. 5-17. Kennel; commercial; and Dog and Cat Fancier's Permit, license required fee. "A. Commercial Kennel "(1) The words "Commercial Kennel" shall mean any lot, building, structure, enclosure or premise where one (1) or more dogs, cats or other pet animals are kept for commercial purposes, including boarding, breeding, sale of good or animals, or the rendering of services for profit. No person, group of persons or business entity shall operate a commercial kennel without first having obtained a valid commercial kennel license from the Beaumont Health Department. For the purposes hereof, the breeding and sale of the litter of animals kept and maintained as household pets and/or the litter of animals kept and maintained by the holder of a Dog and Cat Fancier's Permit, shall not be deemed and considered a commercial kennel. Unless the premises are covered by a commercial kennel license, only one litter from animals kept as household pets or one litter from animal of a holder of a Dog and Cat Fancier's Permit shall be allowed on premises at any given time. o cj=l- G y �- 3 -, / "(2) Such license shall be for the calendar year or any part thereof during which such kennel shall be maintained. The yearly license fee for kennels shall be in accordance with section 13-16 of the Code of Ordinances. The fee shall be due and payable in advance on or before January 1 of each year. No kennel license shall be issued or renewed until an inspection certificate shall have been issued by the health department giving evidence that a sanitary inspection of the premises has been made by the department of health of the city. The license issued shall specify the maximum number of animals permitted to be kept, handled or exhibited by the licensee. It shall be unlawful for the licensee to keep, handle or exhibit any number of animals in excess of the maximum specified on the license. All applicants for a kennel license with the City of Beaumont, if required by state statute to be licensed by the Texas Department of Health, must have a valid license issued by said department to qualify for licensure by the City of Beaumont. The possession of a state license shall not in itself assure that a city license will be granted. "(3) Should the Health Authority or its designee believe a commercial kennel licensed under this section is in violation of any zoning law, health law, or any other applicable law of the City of Beaumont or the State of Texas or believe the commercial kennel is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, the Health Authority may provide written notice to the person, group of persons, or business entity operating the commercial kennel specifically stating the nature and facts supporting the nature of the alleged violation or detrimental condition. Such notice shall also state the intention to repeal the commercial kennel license and provide an effective - 2 - date of such license repeal not less than 25 days after the date of the letter of notice. Should the person or persons holding the commercial kennel license desire to appeal the decision of the Health Authority or its designee such appeal should be made in writing within ten (10) days of the date of the letter of notice and in such case the Health Authority shall convene the Animal Health Advisory Committee to hear the appeal. The decision of the Animal Health Advisory Committee shall be final concerning revocation or non revocation of the commercial kennel license. The decision of the committee shall be made prior to the date of repeal set out in the notice letter; if the decision is not timely made, the license shall continue in full force and effect until such time as such decision is made. "(4) This section shall not apply to and will not be construed to require a commercial kennel license for: "(a) A veterinary hospital operated by a licensed veterinarian which retains animals for veterinary medical care; "(b) A bona fide publicly or privately owned zoological park; "(c) A bona fide research institution using animals for scientific research; "(d) A publicly owned animal shelter. "(5) A certificate shall be issued by the health department to the person paying for a commercial kennel license, which certificate shall contain the data specified in this section and which certificate shall be displayed at all times in a prominent place in the kennel. "(6) The department of health shall keep a permanent record of all commercial kennel licenses issued under the terms of this section, which record shall show the name and address - 3 - of persons being issued a kennel license, the name and address of the kennel, the number of the commercial kennel license, the date issued and the amount paid therefor. "B. Permit; Dog and Cat Fancier "(1) The words Dog and Cat Fancier's Premise shall mean any lot, building, structure, enclosure or other premise where five (5) or more dogs, each of which is over the age of four (4) months, five (5) or more cats, each is over the age of four (4) months, or a total of five (5) or more dogs and cats, each over the age of four (4) months are kept, harbored or maintained: "(a) For showing in recognized dog shows, obedience trials, or field trials. "(b) For working and hunting. "(c) For exhibition in shows and trials. "(d) For household pets. "(2) No person may operate a dog and cat fancier's premise without first having obtained a valid permit from the Health Authority or its designee. Persons shall apply for such permits with the Beaumont Health Department. A person may apply for a permit for a dog and cat fancier's premise prior to purchase of such premise, in such case, the permit if issued may be issued subject to such purchase. The application shall be in writing and shall provide sufficient information to document the following: "a. That the animals will not create nuisance conditions for adjoining or nearby properties, "b. That all animals will be securely confined to the property, - 4 - "c. That adequate methods for sanitation and sewage disposal are provided, "d. A list of all animals by number, breed, sex, age, and color. 113. Outside structures or enclosures used to maintain the animals should be located only in the back yard and shall not occupy more than twenty percent of the yard area. 114. Upon receipt of the application, the Health Authority or its designee shall provide written notice to owners or occupants of all property within 500 feet of the property line of the proposed permitted location. The notice shall inform the owner that an application for a dog and cat fancier's permit is pending, the location at which the permit is pending and shall specifically include a returnable card addressed to the City providing a means by which the recipient of the notice may either agree to or object to the issuance of the permit. For purposes of this section, notification is adequate if addressed to the owner of the property as such owner appears on the current tax roll of the City of Beaumont. The time limit for such objection shall be stated on the notice but shall not be less than fourteen (14) days from the date of the issuance of the notice. A dog and cat fancier's permit may not be issued if two or more written objections are received within the time limit set out in the notice. 115. Applicant shall pay to City a non-refundable fee of Two Hundred Dollars ($200) at the time the application is submitted. If two or more objections to issuance of the permit are not received and the application is otherwise acceptable to the Health Authority or its designee, the permit shall be granted for a one year period, otherwise the permit shall be denied. Appeals of denials will be handled in accordance with the provisions of Section 5-17(b)(7). "6. Permits will be issued for one year periods and must be renewed annually - 5 - by the payment of a renewal fee of Fifty Dollars ($50). A permitted dog and cat fancier's premises is an allowable use in any zoning classification. Prior to issuance of any permit either original or renewal, the Health Authority shall inspect the premises to assure compliance with this ordinance. The number, breed, sex, age, and color or colors of all animals shall be listed on the permit. No new animals may be added nor shall exchanges be allowed unless application for amendment to the permit is made and approved. "7. Permits may be revoked by the Health Authority or its designee if provisions of this ordinance, other ordinances of the City of Beaumont or the laws of the State of Texas, or the terms and conditions of the permit are violated. Appeals of revocation of a permit or the refusal to grant a permit shall be made to the Health Authority or its designee. The request for appeals shall be made in writing within five (5) days of the receipt of the written notification of the refusal to grant the permit or the revocation of the permit. Upon receipt of request for such an appeal, the Health Authority shall convene the Animal Health Advisory Committee to hear the appeal. The decision of the Animal Health Advisory Committee shall be final." Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should, for any reason, be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and, to such end, the various portions and provisions of this ordinance are declared to be severable. - 6 - Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of `� 1991. - Mayor - - 7 -