For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)   Abandon. Includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care over a 48-hour period.

(b)   Animal Shelter. The facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law.

(c)   Animals. All vertebrate and invertebrate animals, such as, but not limited to, bovine cattle, horses and other equines, hogs, goats, dogs, cats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated.

(d)   At Large. To be outside of a fence or other enclosure that restrains the animals to a particular premises or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be at large.

(e)   Bite. Any actual or suspected abrasion, scratch, puncture, tear, bruise or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.

(f)   Cat. Any member of the species felis cams, regardless of sex.

(g)   Dangerous Or Vicious Animal. Any animal deemed to be dangerous or vicious per section 2-115 of this article.

(h)   Dog. Any member of the species canis familiaris, regardless of sex.

(i)    Fowl. All animals that are included in the zoological class aves, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

(j)    Harbor. Any person who shall allow any animal to habitually remain or lodge or to be fed within their home, store, yard, enclosure or place of business or any other premises where they reside or control.

(k)   Humane Live Animal Trap. Any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.

(l)    Humanely Euthanize. The proper injection of a substance that quickly and painlessly terminates the life of an animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.

(m)  Immediate Control. The regulation and supervision by a competent person so that an animal is unable to run or get loose at will.

(n)   Kennel. Any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding or otherwise harboring in an enclosure in one location only, more than four dogs.

(o)   Livestock. Includes, but is not limited to cattle, horses, goats, sheep or other animals commonly regarded or used as farm or ranch animals.

(p)   Neutered. Any male or female cat or dog that has been permanently rendered sterile.

(q)   Own. Includes own, keep, harbor, shelter, manage, possess or have a part interest in any animal. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.

(r)    Owner. The one who owns, or their employee, agent or other competent person into whose charge an animal has been placed by the actual owner as described in the definition for “own” above.

(s)   Vaccination. An injection of a vaccine, approved by the state’s Board of Public Health, and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.

(t)    Veterinarian. A doctor of veterinary medicine licensed by the State of Kansas.

(a)   There is hereby created the position of Animal Control Officer for the city and such officer shall be charged with the enforcement of this chapter. Any person employed by the city as an Animal Control Officer shall have such powers and authority as allowed by law in the enforcement of this chapter. All Animal Control Officers shall be subject to the supervision and direction of the City Manager.

(b)   Except as provided in subsection (c) below, it shall be the duty of the Animal Control Officer to take up and impound all animals found in the city in violation of the provisions of this chapter.

(c)   As an alternative to the provisions of subsection (b) above, any law enforcement officer or the Animal Control Officer may issue a citation to the owner, harborer or keeper of an animal in violation of this chapter, and the person receiving the citation shall, within ten days, appear in Municipal Court of the city to answer the charged violation of this chapter.

(Ord. 771)

When deemed necessary by law enforcement officers or the Animal Control Officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may:

(a)   Place a humane trap on public or a requesting resident’s property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city;

(b)   Use any tranquilizer guns, humane traps or other suitable devices to subdue and capture any animal that is deemed by the Animal Control Officer, in their discretion, to be of a danger to itself or to the public health and safety; or

(c)   Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in section 2-115 of this article or any animal creating a nuisance as defined in section 2-111 of this article, where such animal is impossible or impractical to catch, capture or tranquilize.

(a)   The Animal Control Officer or any law enforcement officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this chapter, to the extent allowed by law.

(b)   It shall be unlawful for any person to interfere with the Animal Control Officer in the exercise of their duties.

(a)   A municipal pound shall be established to carry out the provisions of this chapter. Such a pound may be operated by a contractor and all services required herein may be provided by a contractor.

(b)   When so contracted, the pound shall have the following services and facilities as a minimum:

(1)   Adequate pickup and impounding of all stray and ownerless dogs and cats and animals otherwise in violation of the provisions of this chapter;

(2)   Group holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this chapter;

(3)   Individual isolation facilities for sick, biting, rabid and suspected rabid animals; and

(4)   Facilities for the humane destruction of animals.

(a)   It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the pound, or to take or let out any animal placed therein, or take or attempt to take from an authorized officer of this city any animal taken up by them under the provisions of this chapter, or in any manner interfere with or hinder any authorized officer or employee of this city in catching, taking up or impounding any animal.

(b)   It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed or interfere in any way with the care of impounded animals.

It shall be unlawful for the owner, lessee, occupant or person in charge of any premises in the city to possess and maintain any animal within 300 feet of any dwelling or business building occupied by any person or persons other than themselves and members of their family or within 300 feet of any public building. This ordinance applies to and prohibits miniature barnyard animals. This provision shall not apply to:

(a)   The maintaining of a stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock, if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the city;

(b)   The maintaining of dogs which are regulated by Article 2 of this chapter;

(c)   The maintaining of non-poisonous and non-vicious animals and fowl which are commonly kept as household pets, such as cats, hamsters, rabbits, parakeets, and comparable animals, when kept as household pets and in a safe and sanitary manner in accordance with section 2-113;

(d)   The transporting of animals through the city by ordinary and customary means;

(e)   The maintaining of animals at the premises of the Decatur County Fair Association;

(f)   The maintaining of animals pursuant to permit issued by the Board of Zoning Appeals. A landowner or occupant, with the permission of the landowner, may apply for a permit from the Board of Zoning Appeals which will allow the maintaining of animals in the city limits with the application providing a request for the particular type and maximum number of animals. No such permit shall be applied for or issued to parcels of less than one acre. Upon receipt of such an application, the Board of Zoning Appeals shall convene a public hearing on the issuance of such permit. Notice of such hearing shall be published one time in the official city newspaper at least seven days prior to the date set for hearing. At the hearing the Board of Zoning Appeals shall take testimony from the applicant and any other interested parties. The decision of the Board of Zoning Appeals shall give consideration to such items as (but not limited to) the location for which the permit is sought, giving substantial weight to the testimony of any residents within 300 feet of the location of the proposed permit, the size of the parcel, the historical use of the location for keeping a particular type and number of animals, and to any health concerns. Appeals from the Board of Zoning Appeals shall be taken in the same manner as set forth in the city zoning ordinance. Once a permit is granted for a location and for a particular type of and maximum number of animals, the same forever thereafter shall be in force unless the city shall file with the Board of Zoning Appeals a request to revoke the permit for legitimate and measurable health concerns or for non-use for a period exceeding sixty months. Notice of hearing and rights of appeal from such a decision shall be the same as in the case of an original application and decision. There shall be no application fee for such permit.

(g)   The maintaining of chickens by any household provided that the same does not constitute a health hazard, subject to the following rules:

(1)   No person shall harbor or permit or allow to run at large within the city limits any chickens, ducks, geese, turkeys, ostriches, emus, or other fowl or large domestic birds.

(2)   This subsection shall not apply to the exhibition of such birds or fowl at any 4-H function or fair or parade, at a school or exhibit or presentation.

(3)   This subsection shall not apply to parakeets, parrots or other small birds, provided that said bird is kept in an appropriate cage.

(4)   This subsection shall not apply to no more than one chicken per six hundred square feet of lot which are kept in a suitable cage or chicken coop of appropriate size and which are solely used for the benefit of the family raising them. The chicken cage or coop must be located in the back yard and no closer than 50 feet to the nearest portion of any building occupied by or in any way used by human beings, other than the dwelling occupied by the owner or keeper of the chickens.

(A)  All cages or chicken coops where a chicken is kept shall be maintained by the owner or keeper thereof in such a condition of cleanliness as to prevent obnoxious or offensive odors from manure and other ill smelling materials to cause an annoyance to others living in the neighborhood.

(B)  Chickens cannot graze in the yard.

(C)  Every coop shall be provided with a watertight and fly-tight receptacle for manure, of such dimension as to contain all accumulations thereof, which receptacle shall be emptied sufficiently often and in such manner as to prevent its becoming a nuisance. Such receptacle shall be securely covered at all times except when open during the deposit or removal of manure or refuse therefrom. No manure shall be allowed to accumulate except in such receptacle. All such manure, when removed from the receptacle, shall be buried with a covering of not less than six inches of earth, or, if used as fertilizer, thoroughly spaded into the ground, or shall be removed from the property.

(D)  Condition of enclosure; inspections. Any structure, pen, coop or yard wherein animals or fowl are kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and free from objectionable odors. The enclosed area of all such structures shall be constructed in such a way as to be dry at all times on the inside. The person maintaining any such structure, pen, coop or yard in the city does by such act of maintenance authorize the city to at any time inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions of this section.

(E)   No roosters are allowed. The keeping of a rooster is a public nuisance.

(F)   Any person who shall own, keep or harbor chickens under this subsection shall within 15 days of acquiring the chickens acquire a license for the chickens and shall renew the license annually. Licenses shall be renewed by January 1 of each year. The license fee shall be a $3.00 late fee per year and not per chicken and shall be issued by the city clerk upon payment. The clerk shall prepare forms on which the owner’s name, address, telephone number and number and type of chickens shall be listed.

(Ord. 753; Ord. 941)

It shall be unlawful for any person to use, place, set out or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism, or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap; except that, nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals.

(a)   It shall be unlawful for the owner of any animal to keep or maintain such animal in the city so as to constitute a nuisance.

(b)   For the purpose of this section, nuisance is defined as any animal which:

(1)   Molests or interferes with persons in the public right-of-way;

(2)   Attacks or injures persons or other domestic animals;

(3)   Damages public or private property other than that of its owner or harborer by its activities or with its excrement;

(4)   Scatters refuse that is bagged or otherwise contained; or

(5)   Causes any condition that threatens or endangers the health or well-being of persons or other animals.

(c)   If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.

The keeping or harboring of any animal which by loud, frequent and habitual barking, howling, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the condition and, if they fails to do so, the city may abate it by taking up, impounding and/or disposing of the animal at the expense of the owner.

(a)   It shall be unlawful for any person to keep or maintain any animal in any yard, structure or area that is not clean, dry and sanitary, free from debris and offensive odors that annoy any neighbor and devoid of rodents and vermin.

(b)   Excrement shall be removed at least once each week from any animal shelter, pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids, and all such stored or accumulated wastes shall be disposed of at least once each week.

(c)   All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.

(d)   All animal shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.

(e)   Barbed wire fences and electrically charged fences shall not be permitted for animal confines except on properties in which an agricultural classification permit is held or where the barbed wire fence or electrically charged fence is protected by an exterior fence.

(f)   All premises in which animals are kept shall be subject to inspection by the Animal Control Officer, duly authorized law enforcement officer or Public Health Official. If the Officer or Official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, they shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on the owner. Any animal kept under any condition that could endanger the public or animal health or create a health nuisance may be in1pounded. Anin1als shall be released after fees are paid and cause for impoundment has been corrected.

Animal shelters owned or operated as a stockyard or commercial holding pen shall be adequately maintained and cleaned as often as is necessary, as determined by the Health Officer, to control fly breeding or to control other conditions adversely affecting the public health including the following:

(a)   Collected fecal material and other solid organic waste shall be disposed of at a sanitary landfill, fertilizer processing plant or by proper dispersal on land used for agricultural purposes;

(b)   Grain or protein feed shall be stored in tightly covered rodent-proof metal containers or rodent-proof bins;

(c)   Premises subject to the terms of this section shall be maintained free of rodent harborage and in accordance with Chapter 8, Article 6 of this code;

(d)   Wherever reasonable, use shall be made of anti-coagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of flies or any other effective chemical means for the control of rodents and flies;

(e)   Wherever reasonable, use shall be made of soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings;

(f)   Enclosures including fences where animals such as horses, cows, sheep and goats are maintained shall be constructed in a manner, using din1ension lumber materials, or other effective means to prevent such animals from breaking out or causing hazard to persons or property;

(g)   The solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a residential classification permit as herein provided shall be stored in metal containers, with tight-fitting metal lids, and all such stored or accumulated wastes shall be disposed of at least once each week;

(h)  

(1)   Holding lots, pens and floors of sheds and buildings where animals are held and which are maintained by persons subject to a commercial, industrial or agricultural classification permit according to the terms of this chapter shall be surfaced with concrete or asphaltic materials and that the drainage system of such surfaced areas shall include proper retaining walls and traps to control the waste from draining into watercourses and such drainage system shall be subject to the approval of the Health Officer.

(2)   The Health Officer shall waive this standard for domestic animal holding operations where such animal holding is longer than 24 hours for any domestic animal involved or where dirt lots are more appropriate to the proper care of cattle, horses or sheep; and

(i)    Solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a commercial, industrial or agricultural permit according to the terms of this chapter shall be stored on concrete slabs or other facilities, such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the Health Officer; provided that, all solid waste shall be properly disposed of at least once each week or as may be approved by the Health Officer.

All dead animals shall be disposed of by the owner or keepers within 24 hours of the animal’s death, by burial, incineration in a facility approved by the Animal Control Officer, by rendering or by other lawful means approved by the Animal Control Officer. No dead animal shall be dumped on any public or private property.

(a)   Prohibited. It shall be unlawful for any person to keep, possess or harbor a vicious animal within the city. Impoundment of animals whose owners have been cited for violation of this section shall be at the discretion of the Animal Control Officer. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the Animal Control Officer or their agent to impound such animal.

(b)   Defined. For purposes of this chapter a vicious animal shall include:

(1)   Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;

(2)   Any animal that attacks a human being or domestic animal without provocation;

(3)   Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; or

(4)   Any animal that is urged by its owner or harborer to attack, or whose owner or harborer threatens to provoke such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty.

(c)   Complaint.

(1)   Whenever a sworn complaint is filed in the Municipal Court against the owner of an animal alleging that such animal is vicious and in violation of this section, the Municipal Judge shall hold a hearing to determine whether or not the animal is vicious within the meaning of this section and thereby in violation of this section. The owner of the animal shall be notified in writing of the time and place of the hearing at least one week before the hearing.

(2)   In making a determination, the Municipal Judge shall consider the following:

(A)  The seriousness of the attack or bite;

(B)  Past history of attacks or bites;

(C)  Likelihood of attacks or bites in the future;

(D)  The condition and circumstances in which the animal is kept or confined; and

(E)   Other factors that may reasonably relate to the determination of whether or not the animal is vicious.

(3)   The Municipal Judge shall order the impoundment, the muzzling in accordance with subsection (d) below, and/or the confinement of the animal accused of being in violation of this section in a manner and location that will ensure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling or otherwise safe confinement is not possible or if prior court orders to restrain such animal have gone unheeded, the Municipal Judge may order the animal immediately destroyed.

(d)   Vicious dogs to be muzzled. It shall be the duty of every owner, keeper or harborer of any dog in the city, which dog is vicious or has been known to bite, chase or run after any person or animal in the streets, alleys or any public place in the city, to keep the same muzzled with a good and sufficient wire or leather muzzle, securely fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring any dog within the city limits contrary to this section shall be guilty of a violation of this code.

(e)   Immediate destruction. Nothing in this chapter shall be construed to prevent the Animal Control Officer or any law enforcement officer from taking whatever action is reasonably necessary to protect themselves or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.

(f)   Release of. If a complaint has been filed in the Municipal Court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the Municipal Judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. The Municipal Judge may, upon making a finding that an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the animal shelter. Surrender of an animal by the owner thereof to the Animal Control Officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section.

It shall be unlawful for any person to willfully allow any animal or fowl under their control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in section 2-117 or 2-207 (dogs) of this chapter.

(a)   The Animal Control Officer or law enforcement officer shall impound any animal or fowl found at large in the city or constituting a nuisance or otherwise in violation of this chapter in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner thereof of such impoundment as soon as reasonably possible.

(b)   The city shall be entitled to receive from such owner an impoundment fee, as set by the governing body, plus the actual cost of feeding and maintaining the animal while impounded.

(c)   In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the Anin1al Control Officer or police officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code.

(d)   The Animal Control Officer shall each month submit a report to the person designated by the city showing the number of animals impounded and disposed of, and the fees collected pursuant to this article and shall pay those fees to the City Clerk for credit to the General Operating Fund.

At any time before the sale or destruction of any animal impounded under the provisions of this article, except for animals impounded under section 2-115 (vicious) and 2-119 (rabid) of this article, the owner thereof may redeem the animal by paying the Animal Control Officer or any person in charge, the impounding fee and all costs incurred as a result of such impoundment.

(a)   Any law enforcement officer or local Health Officer may take up, upon private or public property, any animal that bas bitten or scratched a person or other animal and impound the animal in the city pound, securely penned and separated from other animals, or in a veterinary hospital or animal care facility for a period of not more than 30 days during which time the local Health Officer shall determine whether or not such animal is suffering from a disease and, if not, the local Health Officer shall authorize the release of the animal upon payment by the owner of the boarding fee therefor. The Health Officer may authorize the keeping of any such anin1al on the owner’s premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment costs shall be borne by the owner. If, in the opinion of the local Health Officer, symptoms develop justifying a microscopic examination, then the animal shall be killed and examination made by the state’s Board of Health.

(b)   In lieu of the provisions of subsection (a) above, the owner of any such animal may, at their own expense, take such animal to any duly qualified and licensed veterinarian in the city for observation. Such veterinarian shall report their findings in writing to the local Health Officer. If in the opinion of such veterinarian a microscopic examination is justified, then the animal shall be turned over to the Anin1al Control Officer or any law enforcement officer to be killed and examination made by the state’s Board of Health.

(c)   Any animal desired for observation by the local Health Officer under this section shall be delivered to the Animal Control Officer or any law enforcement officer upon demand and shall not be withheld, hidden or harbored. Any person violating this section shall be guilty of a violation of this code. Upon refusal of any person to so deliver such animal, the Municipal Judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal.

(a)   Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local Health Officer and/or the Police Department.

(b)   It shall also be the duty of the owner of the bitten animal to either destroy or have their bitten animal destroyed unless:

(1)   The animal that was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination;

(2)   If the bitten animal has a current vaccination, it shall be confined for 90 days;

(3)   The bitten animal shall be released from confinement only upon written order from the local Health Officer, who declares the animal to be free of rabies; and

(4)   If the animal is found to have contracted rabies during confinement, it shall be properly disposed of.

Any person who, as the operator of a motor vehicle, strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained, and located, the operator shall at once report the accident to the Animal Control Officer or any law enforcement officer.

The Mayor is hereby authorized, whenever in their opinion, the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any police officer or the Animal Control Officer of the city. The owner of such animal shall be prosecuted for such violation thereof.

(a)   No person or household shall own or harbor more than four dogs of six months of age or older or more than one litter of pups, or more than four cats of more than six months of age or more than one litter of kittens, or more than a total of four dogs and cats more than six months of age in any combination, or engage in the commercial business of breeding, buying, selling, trading, training or boarding cats or dogs or both cats and dogs, without having obtained a kennel license from the City Clerk.

(b)   Kennel licenses must be renewed annually. No kennel license shall be issued until an inspection certificate has been issued by the Animal Control Officer certifying approval of the kennel and compliance with the applicable laws of the city and the state, and a certificate by the Zoning Code Enforcement Officer has been issued certifying that the applicant for the kennel license is not violating zoning laws of the city. If the City Clerk has not received any protest against the kennel, the City Clerk may issue a renewal of an existing kennel license at the same location without any report from the Animal Control Officer and Zoning Code Enforcement Officer. If the Animal Control Officer or the Zoning Code Enforcement Officer finds that the holder of any kennel license is violating any zoning law, or any other law of the state, or of the city, or is maintaining the facility in a manner detrimental to the health, safety or peace of mind of any person residing in the immediate vicinity, they shall report such fact to the City Clerk, and the license shall not be renewed, except after a public hearing before the governing body.

(c)   The Animal Control Officer, the Zoning Enforcement Officer or any law enforcement officer shall have the right to inspect any premises licensed under this section at any reasonable time and nothing shall prevent the entry onto private property for the purpose of inspection. The application for a kennel shall constitute consent to such entry and inspection.

(d)   The governing body may suspend or revoke a kennel license if, pursuant to a public bearing, it finds any of the following:

(1)   The kennel is maintained in violation of any applicable law of the state or of the city;

(2)   The kennel is maintained so as to be a public nuisance; or

(3)   The kennel is maintained so as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.

(e)   The annual kennel license fee shall be $25. Payment of such license fee is in addition to, and not in lieu of, the dog license fees otherwise required under this chapter.

(f)   This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital.