§ 20-2.245. Dog hobbyists.

(a)

Regulations. The animal services agency is authorized and directed to adopt and to submit for approval to the town council regulations concerning dog hobbyist activities.

(b)

Permit. An individual who wants to qualify as a dog hobbyist must apply for a permit from the animal services agency. A permit shall be issued if after investigation, the animal services agency determines that the applicant is a bona fide dog hobbyist, maintains appropriate premises for the proper confinement and control of dogs. The animal services agency must determine that issuance of a permit will not create a nuisance in the neighborhood in which the activity is proposed, and in all other respects complies with the regulations adopted by the animal services agency pertaining to dog hobbyists. Permits may be issued subject to such conditions as the animal services agency determines are necessary to protect the public health and welfare and to avoid the creation of a nuisance or public health hazard.

(c)

Hearings. Any applicant, permittee or other interested party aggrieved by the issuance, revocation or modification of a permit may request a hearing provided by section 20-2.122. A request for a hearing or mediation shall be in writing and filed with the animal services agency not later than thirty working days following transmittal of the animal services agency's decision to the applicant or permittee. Upon conclusion of the hearing, the presiding officer shall issue an appropriate order sustaining, modifying or setting aside the determination of the animal services agency.

(d)

Revocation of permit. A permit may be revoked, or continued, subject to limited conditions of use, if the animal services agency determines that any of the following conditions exist:

(1)

The permittee has violated the provisions of this chapter twice in one license year;

(2)

The permittee has been convicted of cruelty to animals;

(3)

The permittee has failed to comply with the conditions of the permit;

(4)

Continuation of the permit will create a public nuisance or health hazard;

(5)

Continuation of the permit will create a nuisance in the neighborhood in which the permit has been issued.

(e)

Fees and licenses. The animal services agency shall collect a fee for the issuance of each dog hobbyist permit as may be established by separate resolution of the town council. The issuance of a dog hobbyist permit shall include provision of an individual license for each dog harbored under the permit at no additional charge.

(f)

Confinement. All dogs under the control of a dog hobbyist must be confined to the owner's/guardian's property at all times, except when removed for training, recreational use or exhibition, at which times they must be under the immediate control of the permittee or agent.

(Ord. No. 505 N.S., § 2 (part); Ord. No. 542 N.S., § 2(D)(2), 8-15-2012)