Dietrich, Idaho

§ 90.02 DEFINITIONS.

For the purpose of this subchapter, terms are defined as follows:

COMMERICAL DOG KENNEL. A kennel where dogs are bred and/or raised specifically for sale to the public.

§ 90.03 LICENSE AND REGISTRATION.

(B)   Licensing requirements, fees.

(1)   The owner, possessor, or keeper of any dog six months of age or over shall make an application for and obtain a license and registration tag for such dog.

(2)   At the time of making application, the owner, possessor, or keeper of any dog shall:

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(b)   Pay a license fee for each dog licensed. The fee for licenses is the sum of $10 for every neutered male dog and every spayed female dog, and the sum of $15 for every unneutered male dog and unspayed female dog. Proof of the dog having been neutered or spayed must be presented before issuance of the license.

§ 90.04 KENNEL REGULATIONS.

(A)   Kennel fees. Any person conducting, operating, or maintaining a “commercial dog kennel” or “dog kennel” as herein defined shall pay to the City Clerk’s Office, for the privilege of conducting, operating, or maintaining such dog kennel, an annual license fee of $100. The annual kennel license fee is in addition to the license registration fee as outlined in § 90.03(B)(2)(b) above. All license fees are renewable each year on the anniversary of date of issuance.

(B)   Qualifications for issuance of dog kennel license.

(1)   The City Clerk may issue a kennel license only after receiving a positive recommendation from the Sheriff Department and/or agent thereof who has made a personal investigation into each application including an on-site visit to the kennel area. The City Clerk must receive the proper fee amount. No license may be issued until the Sheriff has certified to the City Clerk that all requirements of this subchapter have been complied with. The City Clerk may deny the issuance of a license if fraudulent or untrue representations have been made by the applicant, or if the applicant is in violation of any of the provisions of this chapter. All licenses that are issued based upon fraudulent statements are null and void as if they have never been issued.

(2)   At least 15 days before applying for a license, the applicant shall circulate a petition among all households located within 300 feet of any part of the applicant’s property. The petition shall state the number and types of dogs the applicant wishes to keep and shall give the legal location of the property on which the applicant wishes to keep the dogs. The applicant must obtain the written approval of 75% of the homeowners located within 300 feet of their property before a kennel license application may be considered.

(3)   Prior to the license issuance hearing, the Sheriff must inspect places and premises in the city where any dogs are to be housed under the license applied for and, if a violation of this subchapter is found to exist, the Sheriff shall not recommend to the City Clerk that a license be issued. Kennel licenses shall expire one year from date of issuance and may be reissued by the City Clerk upon written certification by the Sheriff that the kennel operator has complied with the kennel rules and conditions contained in this subchapter for the entire preceding year.

(C)   Revocation of license.

(1)   The Sheriff may recommend to the City Clerk the revocation of any kennel license upon evidence that any of the conditions set forth in this chapter, as a prerequisite of the issuance of a license, have been violated, or that that license was issued upon fraudulent or untrue representations by applicant, or 75% of the homeowners located within 300 feet of the property of the kennel location, file a petition for such revocation, or that the person holding the license has violated any of the material provisions of this chapter.

(2)   All places and premises upon which any of the dogs are kept or housed shall be open at all reasonable times for inspection by the Sheriff. If, upon inspection, there is found to exist any violation or any provision of this chapter, the Sheriff shall give the person responsible for such violation a written notice specifying the violation in particular and requiring such offender to abate or correct such problem within the following 24-hour period. If not abated or corrected, the Sheriff shall recommend to the City Council that the license of such person be revoked.

(3)   The City Clerk may revoke any kennel license issued under this subchapter for violation of any of the provisions of this subchapter or ordinance of the cty or laws of the State of Idaho. Prior to revocation by the City Clerk, the Clerk shall notify the applicant in writing, setting forth specifically the grounds for the complaint and the time and place of the hearing. Such notice shall be personally served upon the licensee or mailed certified mail return receipt requested to the licensee at his/her last known address at least ten days prior to the date set for the hearing. The notice should set out appeal rights as outlined below.

(4)   The aggrieved person may file a request for appeal with the City Council by submitting a written request for a hearing with the City Clerk in person at the City Hall or by mailing a written request by first class mail to the City Clerk at the City Hall. Said request must be received within 15 days of the Clerk’s denial. The Clerk shall schedule a hearing as part of the next regular City Council meeting. The Mayor shall chair the hearing and the city shall be represented by the City Attorney. The appellant may be represented by an attorney of choice or by the appellant personally. The rules for administration hearings under Idaho shall be followed. The decision shall be made by the City Council in the same manner as it makes all other decisions with the Mayor having the tiebreaking vote. The order of the City Council shall be final, however appeal rights to the District Court may exist.