§ 6.20.010. Kennels.

A.

No person, group of persons, or business entities in the municipality may own, keep or harbor more than a total of four (4) dogs and/or cats in any combination more than three (3) months of age or older, without obtaining a hobby kennel license. However, those persons, group of persons or business entities in the municipality who have more than a total of four (4) dogs or cats over three (3) months of age on the date the ordinance codified in this chapter becomes effective shall license all such dogs and cats and may continue to own, keep or harbor such excess dogs and cats until such time as their numbers are brought in conformance with this title by natural attrition. Thereafter, those persons, group of persons, business entities shall conform to the limits established by this title.

B.

License Required. Persons operating a commercial kennel must obtain a nontransferable commercial kennel license, which shall be posted in a conspicuous place in the kennel. A commercial kennel license shall be issued annually. No commercial kennel license may be issued without an inspection certificate issued by the A.C.O.

C.

Facilities and Care Applicable to Commercial Kennel License. Animal housing facilities must be structurally sound and shall be constructed of nontoxic materials. The facility shall be maintained in good repair and kept clean and sanitary at all times, so as to protect animals from disease and injury. Animals maintained in pens, cages or runs for periods exceeding twenty-four (24) hours must be provided with adequate space to prevent overcrowding and to permit an adequate exercise according to the requirements of the species. Indoor housing shall be provided with adequate temperature control to provide for the animal's comfort and health. Sufficient lighting shall be provided by either natural or artificial means. If outside housing is provided, it must be sufficient to protect the animal from sunlight, rain, snow, or weather detrimental to the animal's health. Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, dead animals, and debris. Disposal facilities shall be provided and operated so as to minimize vermin infestation, odors and disease hazards. Animals shall be provided with clean, fresh, sufficient and wholesome food and water, according to their needs. Every animal kept in a kennel must be observed daily and diseased or injured animals must be provided with veterinary care.

D.

Inspection. The A.C.O. shall be permitted to enter, at any reasonable time, for the purpose of inspecting or re-inspecting any kennel or pet shop to determine compliance with this title.

E.

Violations, Suspensions and Revocations. Ay kennel license may be denied, suspended or revoked by the A.C.O. upon determination that the operator of the kennel or pet store is in violation of this title. An opportunity for a hearing on any denial, suspension, or revocation shall be provided at a time and place determined by the governing body. Based upon the record of such hearing the governing body shall make a finding and shall sustain, modify, or rescind the action considered at the hearing. Any owner of a kennel or pet store whose license has been suspended or revoked may make application for reinstatement of the license. If, following inspection, the applicant has complied with the requirements of this title, the license shall be reinstated.

F.

This section shall not apply to and shall not be construed to require a commercial kennel I license for:

1.

A veterinary hospital or clinic operated by a licensed veterinarian.

2.

A bona fide research institution using animals for scientific research.

3.

A publicly owned animal control center or shelter.

4.

A bona fide animal shelter operated by an organized humane association.

5.

Hobby kennels which shall comply with subsection A. of this section.

G.

Commercial kennels shall comply with the Belen comprehensive zoning ordinance.

(Ord. 2016-09, 11-21-2016)