Chapter 6.14
PERMITS FOR THE KEEPING OF NONDOMESTIC ANIMALS
Sections:
6.14.020 Permit – Application and fees.
6.14.030 Permit – Criterion for issuance.
6.14.040 Appeal of administrator’s decision.
6.14.060 Permit – Noncompliance with condition.
6.14.070 Violation – Permit revocation.
6.14.010 Permit – Required.
It shall be unlawful for any person to raise, shelter or otherwise keep an animal or allow an animal to be raised, sheltered or otherwise kept on property owned by or under the control of said person unless a permit has been issued for said animal pursuant to the provisions of this chapter. This chapter does not apply to cats, dogs, and other similar animals kept by the owner as a household pet, nor does it apply to animals located within an open, timber and agricultural zoning district, or on lots with more than 35,000 square feet of open space; provided, it shall be unlawful for any animal, other than a cat, dog or other similar animal kept by the owner as a household pet, to be raised, sheltered or otherwise kept in a mobile home park or a business zone. (Ord. 626 § 1, 1984).
6.14.020 Permit – Application and fees.
A. Application for an animal permit shall be made with the city administrator. A nonrefundable deposit, as established by the taxes, rates and fees schedule adopted by ordinance, shall be paid at the time of application.
The application shall provide, as a minimum, the following information:
1. The name and address of the applicant;
2. The address of the property for which the permit is requested;
3. The number and type of animals to be kept;
4. A diagram of the proposed shelter for said animals in relationship to the subject property;
5. The type and location of fencing to be used for said animals.
The administrator may require such additional information as is necessary to adequately process the application.
B. The permit, unless revoked, shall remain in effect indefinitely, so long as the applicant remains in possession of the subject premises. (Ord. 1237 § 4 (part), 2005: Ord. 626 § 2, 1984).
6.14.030 Permit – Criterion for issuance.
A. The city administrator shall consider issuing the animal permit within 30 days after application is made. Criterion to be used by the city administrator in considering the application are as follows:
1. Suitability of the area as to the type of animal;
2. Proximity to neighbors;
3. Compatibility of the type of animal to the area;
4. Number of animals;
5. Possible nuisance potential of the animal;
6. Neighborhood complaints;
7. Any destruction caused by the animal;
8. Possible community health hazards;
9. Development of the area;
10. Nature of use of land of others in general proximity of the person requesting the permit;
11. Proper fencing;
12. Size of area as to adaptability of the animal;
13. Type of fencing;
14. Whether applicant has had previous permits revoked.
B. If the city administrator finds that the permit should not be issued he shall set forth specific reasons for denying the same.
C. The city administrator may place such conditions and restrictions on the issuance of the permit as he deems necessary to protect the public health, safety and welfare. Said restrictions shall be attached to the permit. (Ord. 626 § 3, 1984).
6.14.040 Appeal of administrator’s decision.
Any person being aggrieved by the action of the city administrator in denying a permit, or placing conditions and restrictions upon the issuance thereof, may appeal the administrator’s decision to the city council. If the aggrieved person is the applicant, then there shall be no additional fee required for said appeal. If the aggrieved person is not the applicant then there shall be a nonrefundable appeal fee as established by the taxes, rates and fees schedule adopted by ordinance. A written request for appeal must be filed with the city administrator not more than 10 days after the issuance or denial of the permit. The council shall set a hearing date and advise the aggrieved party of said hearing date and allow them to present all relevant evidence. The council may uphold, reverse, or modify the administrator’s decision and shall use for their criterion those factors listed in NBMC 6.14.030. (Ord. 1237 § 4 (part), 2005: Ord. 626 § 4, 1984).
6.14.050 Additional animals.
An animal permit shall only be valid for the number and type of animals listed thereon. An additional permit shall be necessary to raise or otherwise keep additional animal or animals of a type different than that specified on the permit. (Ord. 626 § 5, 1984).
6.14.060 Permit – Noncompliance with condition.
A. It is unlawful for any person to whom an animal permit is issued to fail to comply with any of the conditions set forth on said permit or to negligently allow the animals to be kept in violation of the permit conditions.
B. If a condition of an animal permit is violated a police officer, animal control officer or other city officer shall give to the responsible person written notice of the violation. If the violation is not corrected within 48 hours the animal may be seized in the same manner and subject to the same conditions as set forth in Chapter 6.04 NBMC for the impoundment of dogs; provided, if the permit violation creates an eminent danger to the public health or safety a police officer or animal control officer may immediately seize and impound the animals. The animals shall then be handled and disposed of in the same manner as provided for dogs in Chapter 6.04 NBMC. (Ord. 626 § 6, 1984).
6.14.070 Violation – Permit revocation.
A. If the city administrator is made aware of a violation of this chapter, then, he shall send to the permit holder written notice that a hearing to revoke his permit will be held before the city administrator. Said notice shall be given at least five days prior to the hearing date.
B. The city administrator, at said hearing, shall afford the permit holder to speak on his own behalf and present any other relevant evidence.
C. If the city administrator finds by a preponderance of the evidence presented that a violation of an animal permit has occurred, or that a permit holder has kept more animals or a different type of animal than is set forth on the permit, then the city administrator may revoke the permit, or place such other conditions on the permit as he deems necessary to protect the public health, safety and welfare. If any person believes himself aggrieved by the action taken by the city administrator, then he may appeal said decision to the city council in the same manner as set forth in NBMC 6.14.040. (Ord. 626 § 7, 1984).