HomeMy WebLinkAboutResolution No. PZ2010-38CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ 10 -38
A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION
RECOMMENDING KENAI CITY COUNCIL AMEND KENAI MUNICIPAL CODE
CHAPTER 3, "ANIMAL CONTROL," BY AMENDING THE DEFINITION OF "KENNEL" TO
DISTINGUISH BETWEEN COMMERCIAL AND NON- COMMERCIAL KENNELS AND TO
ESTABLISH A NOTICE PROCESS FOR KENNEL LICENSE APPLICATIONS AND
RENEWALS AND TO PROVIDE FOR AN APPEAL PROCESS OF KENNEL LICENSING
DECISIONS.
WHEREAS, the Kenai Municipal Code (KMC) 3.05.010 provides a definition for kennels
but does not provide a definition that delineates commercial kennels from private
kennels; and,
WHEREAS, the KMC 3.15 requires a person keeping more than three dogs over the
age of four months to obtain a kennel license from the City of Kenai; and,
WHEREAS, KMC 3.15 does not require the City to notify neighboring property owners
of a pending kennel license application or renewal of an existing license; and,
WHEREAS, KMC 3.15 does not provide a process for a property owner within 300 feet
to appeal the Chief Animal Control Officer's decision to issue or revoke the permit;
and,
WHEREAS, because of the impact that a dog kennel can have on neighboring property
owners, they should be provided notice of dog kennel license applications or renewals
and be provided an opportunity to comment on the license; and,
WHEREAS, an opportunity should be provided to request a hearing before the Chief
Animal Control Officer before a license is issued or renewed; and,
WHEREAS, any party aggrieved by the decision on whether or not to issue a dog
kennel license should be allowed to appeal to the Kenai City Council under the
provisions of KMC 14.20.290.
NOW, THEREFORE, BE IT RESOLVED THAT THE THAT THE PLANNING AND ZONING
COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AMEND KENAI MUNICIPAL CODE SECTION 3.05.010, "DEFINITIONS," as
follows:
New Text Underlined; [DELETED TEXT BRACKETED]
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:
a. 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);
b. Administered in accordance with state law; and
c. 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.
7) "Kennel" means [A PREMISES WHERE A PERSON KEEPS FOUR OR MORE
DOGS OVER THE AGE OF FOUR MONTHS.]
a. Kennel, Commercial means premises where four or more dogs over four
months of age are owned, kept, boarded, bred and /or offered for sale.
b. Kennel, Private means premises where four or more dogs over four
months of age are owned or kept for private enjoyment.
8) "Impoundment" means:
1. The seizure of animals by the methods set forth in KMC
3.25.010(d).
ii. 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. physical confinement, as by leash, chain, fence, or building; or
b. under competent voice control when an animal is engaged in an activity
or form of training requiring that it not be physically confined; or
c. under competent voice control when an animal is on the property of its
owner.
13) "Sterile" means rendered incapable of reproduction 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]
AND, NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE PLANNING AND
ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AMEND CHAPTER 3.15 OF THE KENAI MUNICIPAL CODE, "LICENSED
FACILITIES," 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 Iicense 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;
(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
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 survey of the premises.
New Text Underlined; [DELETED TEXT BRACKETED]
(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 AFTER] 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 prior application for a kennel facility license provided
that the information accurately portrays the current condition of the kennel facility
and the applicant certifies that there have been no significant changes since the prior
application.
(g) Notification of an initial or renewal application shall be mailed to real property
owners on the borough assessor's records within a three hundred (300') foot periphery
of the parcel where the applicant proposes to operate the kennel facility. The notice
shall provide a date by which any comments regarding the application should be
submitted.
During the comment period, the applicant or any person receiving notice under
this subsection may request a public hearing about whether an application should be
ranted by the City. Upon timely request for a hearing, the Chief Animal Control
Officer or his /her designee shall hold a hearing to determine whether the kennel
facility license should be issued, renewed, conditioned, limited, or denied. Notification
of the hearing shall be mailed to real property owners listed on the borough assessor's
records within a three hundred (300') foot periphery of the parcel that is the subject of
the proposed action. The notice shall be mailed at least ten (10) days prior to the
hearing and shall include the date, time, and place of the hearing. A copy of the
decision shall be mailed to all notified property owners, all persons testifying or
submitting comments and the applicant.
New Text Underlined; [DELETED TEXT BRACKETED]
th[[(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.
1111(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.
u Before revoking a license under this chapter, 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 prepare a written
decision as to why the proposed facility does not meet the standards set forth in KMC
3.15.050. An appeal of the decision may be filed as provided under KMC 3.15.040.
3.15.040 Hearings Appeals.
A person aggrieved by the granting, revocation, renewing, limiting, conditioning, or
denying of a license under this chapter may, within fifteen (15) days of the date of the
decision appeal the decision to the City' Council pursuant to the procedures 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
New Text Underlined; [DELETED TEXT BRACKETED]
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:
(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.
(I) 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.
Date at I e as s yL I day of OcArh 2010.
Chair:
ATTEST:
New Text Underlined; [DELETED TEXT BRACKETED]