Bellevue, Idaho

5-3-2: RULES AND DEFINITIONS:

ANIMAL KENNEL OR CATTERY: Any owner or broker who keeps, leases, buys, barters, or sells animals for gain; provides facilities for breeding, boarding, transporting, exhibiting, and grooming, including bathing or their cosmetic care; or provides guard services. Kennels and catteries are required to acquire an approved Bellevue City business license.

ARTICLE A. KENNELS AND CATTERIES

5-3A-1: LICENSE REQUIRED; EXCLUSIONS:

All kennels and catteries must be licensed. It shall be unlawful for any person to operate a kennel or cattery within the incorporated area of the City without first having obtained a City business license for the kennel or cattery. “Animal kennel or cattery” shall not be construed to mean an animal clinic, animal shelter, impound facility, animal hospital or veterinary office where boarding is limited to short term care incidental to the hospital or shelter use.

5-3A-2: APPLICATION FOR LICENSE:

Applications shall be made to the City Planning and Zoning Director. The application shall state the name and address of the owner, the location of the kennel or cattery, the breed(s), and/or a description of the dog or cat and number of dogs or cats to be kept, and a general site plan. Any application for a kennel or cattery business license must include:

A.   Review and approval from the animal control agency including a statement limiting the number of dogs or cats that may be kept at the facility and review and approval from all other applicable City departments.

B.   Licensing for each animal.

C.   All application fees shall be paid upon submittal of the application and on annual renewals.

5-3A-3: TERM OF LICENSE; FEE:

A business/kennel/cattery license shall be valid for a period of one year, and the annual fee for a business license shall be as set by resolution of the City Council.

5-3A-4: INSPECTION OF PREMISES:

The animal control agency shall inspect all prospective businesses for kennels or catteries prior to the granting of a business/kennel/cattery license.

5-3A-5: SHOW CAUSE HEARING TO OBTAIN LICENSE:

The City shall not issue a kennel or cattery license to any person who has, at any time, been convicted of animal cruelty, abuse or neglect, except upon a court order following a show cause hearing wherein the person seeking the kennel or cattery license has shown that he or she can and will run, keep and operate the kennel or cattery in a safe and humane fashion and in accordance with State laws and with this article.

5-3A-6: UNSANITARY, NUISANCE CONDITIONS; ABATEMENT:

Any kennel or cattery which is found by the animal control agency to be unsanitary or a menace to an animal or the public health, safety or welfare is declared to be a public nuisance. The animal control agency is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect an animal or the public health, safety or welfare, the animal control agency is authorized and empowered to summarily abate such nuisance by any reasonable means, including, but not limited to, impoundment of the animal(s) and/or immediate closure of the kennel or cattery for such time until the nuisance is abated.

5-3A-7: DENIAL OR REVOCATION OF LICENSE:

A.   Grounds For Denial Or Revocation: A business/kennel/cattery license may be revoked or application for a kennel or cattery license denied when any of the following conditions are found to exist:

1.   Dogs from any such kennel that are impounded or cited for running at large or other violations of this chapter three (3) times in any six (6) month period.

2.   Failure to maintain a list of animals kept at the kennel or cattery. The list shall be kept on site where the animals are located.

3.   Failure to allow access by any authorized animal control agency to inspect the kennel or cattery facility unless the reason for access denial is found justifiable by the City. Example: The local area is experiencing high numbers of Parvo, a very contagious, infectious disease and the subject kennel or cattery facility has recently had deliveries of puppies and kittens. To protect the newborn puppies or kittens, the owner/caretaker of the cattery/kennel has chosen to not allow the inspector to enter until he or she has sanitized his/her hands and has dressed in sterilized footwear and clothing.

4.   Failure to maintain the kennel or cattery in a clean and sanitary manner.

5.   Failure to provide adequate shelter and protection from the weather.

6.   Failure to maintain adequate or approved ventilation.

7.   Overcrowding of animals.

8.   Housing together of animals which are temperamentally unsuited, or allowing such animals to approach as near to each other as to cause animals to be abused or tormented.

9.   Excessive or loud noise.

10.   Failure to adequately treat or have treated any diseased or injured animal or to segregate such diseased animal so as to prevent the spread of disease to other animals.

B.   Time Limit For Correction Of Defect Or Contesting Decision: Upon notice of revocation, a kennel or cattery license holder shall have thirty (30) days to correct any defect and to petition the City Council to contest such revocation.

C.   Revocation Or Review Of Petition: Thirty (30) days after notice of revocation, if no petition seeking review of revocation has been filed with the City Council, the kennel or cattery license shall be deemed revoked. If a petition is filed, a review shall be held in substantial compliance with the Administrative Procedures Act. If the petition is denied, the kennel or cattery license shall be deemed revoked.

D.   Citation For Violation: Any person whose kennel or cattery business license is revoked under subsection A of this section shall also be subject to citation for violation of this section and shall be subject to the penalty provisions of section 5-3A-8 of this article.

5-3A-8: VIOLATIONS; EXEMPTIONS; CITATION; PENALTY:

Any person who owns, keeps or operates, prior to the Council’s final action on and publication of this chapter, a kennel or cattery and does not have a current business license or was not required, based on prior ordinances, to have a business license for a kennel or cattery shall not be required to obtain or maintain a business license. Any person who creates or expands a kennel or cattery after the effective date hereof and who fails to obtain and maintain a current kennel or cattery business license thereafter shall be subject to citation for violation of this article and shall be guilty of a misdemeanor and subject to the penalty provided in section 1-4-1 of this Code.