Aurora, Nebraska

§ 93.001 DEFINITIONS.

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

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KENNEL/CATTERY. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.

§ 93.060. PERMIT REQUIRED.

In accordance with the statutes of the State of Nebraska, including Neb. RS 17-526 and 54-603:

(A) No person, partnership or corporation shall operate a kennel/cattery, commercial animal establishment or animal shelter without first obtaining a permit in compliance with this section;

(B) No kennel/cattery, commercial animal establishment or animal shelter shall be located in the R-1, R-2 or RC zones of the city;

(C) When a permit or renewal applicant has shown that he or she is willing and able to comply with all applicable ordinances and statutes, a permit shall be issued upon payment of the applicable fee;

(D) The permit period shall begin on May 1 and shall run for one year. Renewal applications for permits shall be made 30 days prior to and up to 30 days after May 1 of each year. Application for a permit to establish a new kennel/cattery, commercial animal establishment or animal shelter under the provisions of this chapter may be made at any time;

(E) If there is a change in ownership of a kennel/cattery, commercial animal establishment or animal shelter, the new owner may have the current permit transferred to his or her name upon payment of a fee as set by City Council resolution;

(F) Annual permits shall require the payment of kennel/cattery fees, as set by City Council resolution;

(G) Each separate premises regulated by this chapter shall be considered a separate enterprise requiring an individual permit; and

(H) Any person who has a change in the category under which a permit was issued shall be subject to reclassification and readjustment of the permit fee.

§ 93.061 PERMIT ISSUANCE AND REVOCATION.

In accordance with the statutes of the State of Nebraska, including Neb. RS 17-526 and 54-603:

(A) After an application has been filed, the Board of Health shall inspect the facility prior to issuance of the permit. The Board of Health may revoke any permit if the person holding the permit refuses or fails to comply with any ordinance or any statute governing the protection and keeping of animals or the maintenance of health;

(B) Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all animals owned, kept or harbored. No part of the permit or fee shall be refunded;

(C) It shall be a condition of the issuance of any permit that the Board of Health shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for the inspection is refused, revoke the permit of the refusing owner;

(D) If the applicant has withheld or falsified any information on the application, the permit shall not be issued;

(E) No person who has been convicted of cruelty to animals shall be issued a permit to operate a kennel/cattery, commercial animal establishment or animal shelter; and

(F) Any person having been denied a permit may not reapply for a period of 30 days. Each reapplication shall be accompanied by a fee as set by City Council resolution.

§ 93.062 APPLICATION FOR PERMIT.

(A) Application for a permit to maintain a kennel/cattery shall be made to the City Clerk-Treasurer in writing upon forms provided for that purpose by the city.

(B) The application shall contain the following information:

(1) Name and residence of applicant;

(2) Location of premises where animals are to be kept;

(3) Species of animals to be kept;

(4) Number of animals to be kept; and

(5) Diagram or plat of the premises showing dimensions of the premises; the location of the enclosure, pen and shelter; and the distance from residential buildings on the same lot and on adjacent properties.

§ 93.063 ISSUANCE OF PERMIT.

(A)       (1) In accordance with the statutes of the State of Nebraska, including Neb. RS 17-526 and 54-603, before any permit is issued, the Board of Health shall investigate the application and determine whether or not the premises conform to all the requirements of this chapter and other ordinances of the city with respect to sanitation and location of enclosures and shelters.

(2) No permit shall be issued except upon the recommendation of the Board of Health.

(B)        (1) Any person to whom a permit is denied may appeal from the denial to the City Council by filing with the City Clerk-Treasurer a copy of the original application with a written request for hearing thereon before the City Council.

(2) A hearing on the appeal shall be had by the City Council within 14 days from the filing of the appeal with the City Clerk-Treasurer.