Bozeman, Montana

Sec. 8.02.010. – Definitions.

A. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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9. “Kennel” means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals (excluding licensed pet shops). The term “kennel” shall also include any noncommercial establishment or place where more than two dogs or two cats are kept over the age of six months, whether for breeding or otherwise.

Sec. 8.02.050. – 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 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, or the revocation thereof, shall be authorized or denied at the discretion of the chief of police.

B. Kennel licensing procedure.

1. All applications for a kennel license, including applications for renewal or reinstatement, shall be reviewed by the chief of police, 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 chief of police, 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 200 feet of the site in question, including the property owner if the site in question is not owned by the applicant, within 15 days of the application date and prior to final application approval by the chief of police. The notices, 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 chief of police, for approving a kennel license, shall find:

a. That all animals listed on the kennel license application possess current city 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 chief of police may thereafter inspect the premises to ensure compliance with this article and ensure the health and welfare of the animals.

6. A kennel license holder shall notify the chief of police of any change in the operations which may affect the license and shall keep the chief of police 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 December 31 of each year, unless sooner revoked. License fees shall be reduced by 50 percent if application is made, and subsequently approved, between July 1 and December 31. The kennel license application fee is nonrefundable.

D. Upon complaint being made to the chief of police that a licensed kennel is being operated in an improper manner, after finding the kennel was operated improperly, as a nuisance, or a condition existed that would preclude the issuance of a license, the chief of police may revoke the license of such kennel, after a minimum of 72 hours’ notice to the licensee. The licensee may, at the discretion of the chief of police be provided up to 15 days to mitigate an offending condition and thus have the license reinstated. Reinstatement findings by the chief of police 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 article.

E. Upon annual re-application for a kennel license renewal, an inspection of the premises, in accordance with subsection B of this section, may be waived unless conditions listed in subsection D of this section are found to exist.

F. Kennel license application and revocation appeals. Decisions by the chief of police 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 chief of police. Any appeal of a kennel license application approval or denial, or appeal of an existing kennel license revocation or reinstatement decision by the chief of police shall be in writing wherein the appellant shall set forth the specific provisions of the decision being appealed. Written notice of an appeal of a kennel license application approval or denial or existing kennel license revocation or reinstatement, including specific provisions of the decision 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 200 feet of the site in question, including the property owner if the site in question is not owned by the applicant, within 15 days past the appeal submittal date and at least 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. Upon review of an appeal, the city commission shall have the authority to affirm, modify, or reverse the findings of the chief of police. Commission affirmation, modification or reversal of a decision made by the chief of police shall be final and binding.

Sec. 8.02.140. – Same—Notice to owner; redemption conditions.

C. If an impounded dog or cat has not been spayed or neutered (“unaltered”) and is impounded a second time within three years, the dog or cat shall be altered prior to redemption at the owner’s expense.