Belgrade, Montana

4-6-1: DEFINITIONS:

As used in this chapter, the following definitions apply unless the context indicates otherwise:

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COMMERCIAL KENNEL: A commercial establishment or place where more than two dogs over the age of six months are kept for breeding, sale, training, boarding, or any other commercial purposes.

4-6-3: COMMERCIAL KENNEL LICENSE:

A.   A kennel license is required for commercial facilities such as breeding or boarding operations, which house multiple animals for business purposes.

B.   Conditional Use: A commercial kennel is not allowed in residential zones within the city limits. A commercial kennel is allowed as a conditional use in B-2, B-3, M-1 and M-2 districts upon proper application and hearing before both the planning board and the city council.

C.   Application Process:

1.   The owner must complete a commercial kennel license application and request a hearing in front of the planning board and then in front of the city council.

2.   Upon receipt of the application, the Police Chief or their designated representative must review the application, investigate the premises, and make a recommendation to the planning board and city council.

3.   The applicant must give written notice of the hearing to all owners and occupants of real property within two hundred (200) feet of the kennel. The notice must give the intent to maintain a commercial kennel, and the date, time, and place of the hearing.

D.   Discretion of Council: The decision to authorize a commercial kennel license is in the sole discretion of the city council.

E.   Criteria for Approval: To approve a commercial kennel license, the city council must find:

1.   The site for the proposed use is adequate in size and topography to accommodate such use, and all yards, paces, fences and enclosures are adequate to the properly relate with the land and uses in the vicinity.

2.   The proposed use will have no adverse effect on the abutting property;

3.   Any other condition the council deems appropriate for the dogs care, welfare, or safety, including adequate shelter, water, exercise, and the owner’s or public safety and welfare.

F.   Exceptions: This section does not apply to licensed veterinary hospitals.

G.   License fee. Upon authorization of the council and payment of the license fee, the City must issue a commercial kennel license. The license and renewal fee are set by the city council by resolution. All commercial kennel licenses are due and payable at the time the license is granted. There is no prorated commercial kennel license fee. All annual renewals are due on the first business day in January. If the renewal is paid after January 25 of each year, the owner must pay a delinquency fee. The delinquency fee is set by city council resolution.

H.   Transferability: All commercial kennel licenses are for the designated purpose . Kennel licenses are not transferrable to another person or entity or for other purposes.

I.   Change in Location: In the event the licensee changes locations, a new license application must be made.

J.   Revocation: The city court or the city council may revoke a commercial kennel license, after hearing and notice to the licensee. At the hearing, there must be a showing by a preponderance of the evidence that the commercial kennel is being operated or maintained in a manner that violates the commercial kennel license, in an inhumane way, by showing the conditions of the kennel are offensive to members of the neighborhood, or that improper, unhealthy or unsanitary conditions exist. The city court may revoke a commercial kennel license upon conviction that an individual or entity is operating the kennel as a public nuisance.