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HomeMy WebLinkAboutOrdinance No. 2519-2010Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 2519-2010 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 3 OF THE KENAI MUNICIPAL CODE, "ANIMAL CONTROL," TO AMEND THE DEFINITION OF THE TERM "KENNEL" TO DISTINGUISH BETWEEN COMMERCIAL AND NON-COMMERCIAL KENNELS, TO ESTABLISH A NOTICE PROCESS FOR KENNEL LICENSE'APPLICATIONS AND RENEWALS, AND TO PROVIDE FOR A NEW APPEAL PROCESS OF KENNEL LICENSING DECISIONS. WHEREAS, the City of Kenai licenses kennel facilities where a person keeps four or more dogs over the age of four months; and, WHEREAS, the process for licensing kennels in the City does not currently require a public notice process for the licensing of kennels in the City; and, WHEREAS, the kennel licensing standards do not require the animal control officer to distinguish between kennels used for commercial purposes and kennels where the owner or licensee keeps four or more dogs for other purposes; and, WHEREAS, the City has an interest in regulating kennels to protect the safety of the animals where an owner of a kennel keeps a large number of animals to assure that the facilities and owner are capable of sustaining the animals in a healthy, humane manner; and, WHEREAS, the City also has an interest in supporting neighborhoods and established uses within zoning districts and recognizes that kennels may have an impact on the surrounding properties; and, WHEREAS, the process for licensing kennel facilities does not currently include a requirement that the City notify surrounding property owners about an application for a kennel license; and, WHEREAS, although the City's Department of Public Safety currently provides door- to-door notice to persons owning property within 300 feet of a parcel for which a person has applied for a kennel license, this process is not required by City Code; and, WHEREAS, although the City Code has an appeal process for the licensing of kennel facilities and for revocation of kennel licenses, that process does not provide clear direction with respect to the steps to be followed; and, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2519-2010 Page 2 of 8 WHEREAS, it is desirable to have a more formal application and appeal process for kennel licensing and revocation in order to provide a better opportunity for li<:ensees to state .their positions and in order to provide better notice to members of the public and neighbors who are potentially affected by a kennel nearby their property; and, WHEREAS, the City of Kenai Planning & Zoning Commission held a public hearing on October 27, 2010, and passed a resolution PZl0-38 recommending that the City Council adopt revisions to the City's animal control ordinances in order to distinguish between commercial and private kennels, to establish a notice process for applications and renewals, and to better define the appeal process on kennel licensing decisions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 3.05.010 of the Kenai Municip al Code: The Kenai Municipal Code, Section, Definitions, is hereby amended as follows: 3.05.010 Definitions. As -used in Title 3: ( 1) "Animal" means all domestic or domesticated members of the Kingdom Animalia. (2) "At large" means not under restraint. (3) "Cat" means a domestic or domesticated member of the family Felidae. (4) "Current rabies vaccination" means a vaccination: §::J(I)] As specified in the "compendium of animal rabies vaccines" prepared by the Rabies Subcommittee of the National Academy of Sciences and by the National Association of State Public Health Veterinarians, Inc. (1978); QJ(II)] Administered in accordance with state law; and.1. £,j(III)] Evidenced by a rabies vaccination certificate in a form approved by the State Division of Public Health. (5) "Dangerous Animal" means any animal which due to improper or inadequate supervision or control has done an act harmful in its character to human beings or animals, regardless of whether the act is done in a playful or hostile manner. (6) "Dog" means a domestic or domesticated member of the family Canidae. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2519-2010 Page 3 of 8 (7) "Kennel" means [A PREMISES WHERE A PERSON KEEPS FOUR OR MORE DOGS OVER THE AGE OF FOUR MONTHS.] £h Kennel , Commercial means p remises where four or more dogs over four months of a ge are owned, kep t , boarded , bred and /or offered for sale. b. Kennel, Private means p remises where four or more dogs over four months of a ge are owned or kep t for p rivate enjo yment. (8) ''Impoundment" means: [(la_,_[)] The seizure of animals by the methods set forth in KMC 3.25.0 l0(d). [(]bJ)] Seizure of a vicious animal. (9) "Officer" means a person charged by law with the duty to enforce provisions of this title. (10) "To own" an animal includes having title, keeping, harboring, and having custody or control of an animal. (11) "Person" includes individual, joint venture, partnership, corporation, or unincorporated association. (12) "Restrain" means: a. [(I)] physical confinement, as by leash, chain, fence, or building; or b. [(II)]under competent voice control when an animal is engaged in an activity or form of training requiring that it not be physically confined; or _g.,_ [(III)] under competent voice control when an animal is on the property of its owner. (13) "Sterile" meansrendered incapable ofreproduction by surgical operation. ( 14) "Vicious Animal" means an animal that has done an unreasonable act harmful to human beings or animals which act is done in a hostile manner. Any animal which has been twice adjudged a dangerous animal by a court of competent jurisdiction, whether by a plea of no contest or guilty or by trial, shall be considered vicious for purposes of penalties imposed by KMC 3.05.060(d). New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2519-2010 Page 4 of 8 Section 3. Amendment of Chapter 3.15 of the Kenai Municip al Code: The Kenai Municipal Code, Chapter 3.15, Licensed Facilities, is hereby amended in its entirety as follows: Chapter 3.15 LICENSED FACILITIES Sections: 3.15.010 Licenses required. 3.15.020 Licensing procedure. 3.15.030 License revocation. 3.15.040 Hearings-Appeals. 3.15.050 Standards for operating facility. 3.15.010 Licenses required. No person may operate a kennel facility without having a license therefor issued pursuant to this chapter. 3.15.020 Licensing procedure. (a) Application for a license under this chapter shall be to the Chief Animal Control Officer. The application shall include: (1) The name and address of the applicant; (2) The number and breeds of dogs to be kept in the facility; (3) The type of facility the applicant proposes to operate under the license, and a description of the proposed facility. An application for a license for a kennel facility to be used for commercial purposes shall include a copy of a current Alaska Business License for the operation of the kennel and a Borough Sales Tax application or registration number; (Ord. 1522-92) (4) The address of the premises where the applicant proposes to operate under the license, and the name and address of the owner of the premises; (5) A diagram of the premises on which the applicant proposes to operate under the license. The diagram shall show the lot lines and the location and dimensions of yards and structures on the premises where the applicant proposes to operate under the license, designate the parts of New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2519-2010 Page 5 of 8 the premises on which dogs will be kept, and show the location and use of structures of adjacent lots. The diagram need not be based upon a formal suzvey of the premises. (6) The license fee required by KMC 3.05.100; (7) Proof of a current rabies vaccination for each dog kept in the facility that is over the age of three months. (b) The Animal Control Office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to an animal. (c) The Animal Control Office shall not issue a license under this chapter until it has inspected the premises where the applicant proposes to operate the kennel facility, and determines that the kennel facility meets the standards set forth in KMC 3.15.050 and that the applicant will operate the kennel facility in accordance with standards set forth in KMC 3.15.050. (d) The Animal Control Office shall prepare a written report of its [THE INSPECTION'S] findings; including any reason why the proposed facility does not meet the standards set forth in KMC 3.15.050 and any steps which the applicant may take to make the facility qualify for a license. The Animal Control Office shall give the applicant a copy of the report. (e) A license issued under this chapter shall expire on December 31 [ST] of the year in which it is issued. (f) An application to renew a kennel facility license shall be made [AT LEAST THIRTY (30) DAYS AFI'ER] before the current license expires, and shall be made in the same manner as an application for a new license.:. An applicant for renewal may rely upon materials submitted with a p rior application for a kennel facili ty license p rovided that the information accurately portray~ the current condition of the kennel facility and the a pplicant certifies that there have been no significant changes since the p rior application . .(g)_ Notification of an initial or renewal a pplication shall be mailed to real p ro p erty owners on the borough assessor's records within a three hundred (300') foot p erip hery of the p arcel where the a pplicant p rop oses to o p erate the kennel facility . The notice shall p rovide a date b y which any comments re garding the a pplication should be submitted. During the comment p eriod, the a pplicant or any p erson receiving notice under this subsection may request a p ublic hearing about whether an a pplication should be granted b y the City. U p on timely request for a hearing. the Chief Animal Control Officer or his /her designee shall hold a hearin g to determine whether the kennel New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2519-2010 Page 6 of 8 facili ty license should be issued, renewed , conditioned, limited, or denied. Notification of the hearing shall be mailed to real p rop erty owners listed on the borough assessor's records within a three hundred (3001 foot p erip hery of the p arcel thatis the subject of the p rop osed action:. The notice shall be-mailed at least ten ( l 0 ) day s p rior to the hearing and shall include the date . time , and p lace of the hearing. A copy of the decision shall be mailed to all notified p rop e rty owners , all p ersons testifyin g or submitting comments arid the a pplicant. 1hl!(G)]The applicant shall be informed in writing that the application or receipt of the license provided for in this chapter does not relieve the applicant of meeting all zoning ordinance requirements or any other applicable City, Borough, or State laws or regulations . illl(H)] The applicant shall agree in writing that the kennel facility may be inspected by the Chief Animal Control Officer or his/her designee at any time during business hours of the permittee. 3.15.030 License revocation. (a) If an inspection of a facility licensed under this chapter reveals: (1) The kennel facility constitutes a health hazard; (2) The kennel facility violates a City or Borough ordinance or regulation ; (3) The kennel facility violates a provision of this title, a term, condition, or limitation of a license issued under this chapter or a City regulation promulgated under this title. The inspecting agency may so notify the operator of the facility, stating in writing the steps the operator may take to remedy the violation. (b) The inspecting agency shall allow a kennel facility operator who has been notified of a violation under subsection (a) of this section a reasonable time not exceeding fifteen (15) days to remedy the violation. At the end of that period, the inspecting agency shall re-inspect the kennel facility to determine whether the violation has been cured. (c) If after re-inspection, the inspecting agency determines the violation has not been cured or that new violations have occurred, the Chief Animal Control Officer may commence a proceeding to revoke the license for the facility under KMC 3.15.040. @ Before revoking a license under this chap ter , the Chief Animal Control Officer or his / her designee shall hold a hearing to determine whether the license should be revoked. If the license is revoked , the Animal Control Office shall p re p are a written decision as to why the p rop osed facility does not meet the standards set forth in KMC 3 .15.050. An a ppeal of the decision may be filed as p rovided under KMC 3 .15.040. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No . 2519-2010 Page 7 of 8 3.15.040 Hearings-Appeals. A p erson a ggrieved b v the granting, revocation , renewing, limiting, conditioning , or denying of a license under this chap ter may, within fifteen (1 5 } day s of the date of the decision. a ppeal the decision to the City Council p ursuant to the p rocedures in KMC 14.20.290. [(A) A PERSON AGGRIEVED BY THE GRANTING, LIMITING , CONDITIONING, OR DENYING OF A LICENSE UNDER THIS CHAPTER MAY, WITHIN FIFTEEN (15} DAYS OF THE ACTION COMPLAINED OF, APPLY FOR A HEARING BEFORE THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE. UPON TIMELY APPLICATION UNDER THIS SUBSECTION, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE GRANTED, CONDITIONED, LIMITED, OR DENIED. THE PERSON AGGRIEVED MAY APPEAL THE DECISION OF THE CHIEF ANIMAL CONTROL OFFICER TO THE CITY COUNCIL WITHIN THIRTY (30} DAYS WHOSE DECISION SHALL BE FINAL. (B) BEFORE REVOKING A LICENSE UNDER THIS CHAPTER, THE CHIEF ANIMAL CONTROL OFFICER OR HIS DESIGNEE SHALL HOLD A HEARING TO DETERMINE WHETHER THE LICENSE SHOULD BE REVOKED. THE PARTY AGGRIEVED MAY APPEAL TO THE CITY COUNCIL WITHIN THIRTY (30} DAYS OF THE DECISION WHOSE DECISION SHALL BE FINAL.] 3.15.050 Standards for operating facility. In operating a kennel facility, the operator shall (Ord. 1522-92}: (a) Comply with the provisions of this title, the terms, conditions, and limitations of any license issued hereunder and any City regulations promulgated under this title . (b} Provide shelter adequate to preserve the health of the animals kept in the facility. (c) Maintain the facility in a sanitary condition. (d} Provide for the adequate care and feeding of animals kept in the facility. (e) Design and equip the facility so as to keep all animals on the premises. (~ Keep [ON] only that number of animals in the facility which is safe and healthy for the facility 's sake. (g) Maintain the facility in such a manner that it does not constitute a nuisance to owners or occupiers of land in its vicinity. New Text Un derlined; [DELETED TEXT BRACKETED] Ordinance No. 2519-2010 Page 8 of 8 Section 4. Effective Date: Pursuant to KMC 1.15.070(£), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of December, 2010. ATTEST: Carol L. Freas, City Clerk ~~µ;up) PAT PORTER, MAYOR Introduced: November 23, 2010 Second Reading: December 15, 2010 Adopted: December 15, 2010 Effective: January 15, 2011 New Text Underlined; [DELETED TEXT BRACKETED] TO: FROM: DATE: RE: MEMORANDUM Jacqueline VanHatten, Administrative Assistant City of Kenai Carol L. Freas, Cpity Clerk City of Kenai December 16, 2 0 ORDINANCE(S)/RESOLUTION(S) AMENDING THE KENAI MUNICIPAL CODE Attached is a copy of the following passed ordinance(s)/resolution(s) amending the Kenai Municipal Code: 1. Ordinance No. 2519-2010 --Amending Title 3 of the Kenai Municipal Code, "Animal Control," to Amend the Definition of the Term "Kennel" to Distinguish Between Commercial and Non-Commercial Kennels, to Establish a Notice Process for Kennel License Applications and Renewals, and to Provide for a New Appeal Process of Kennel Licensing Decisions. The above item(s) should be included in the next supplement to the Kenai Municipal Code. Word documents of the above ordinance(s) will be forwarded to you as well. Thank you. elf Attachment(s)