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b, The yard of the licensed premises is fenced in such a manner to restrain dogs on I the premiSeS from leaving the yard C* Dogs kept on the licerised premises do not create a nuisance by excessive barking or by creating unsanitaryconditions. 0 d. Payment of a yearly license fee pursuant to Section 100.030, paragraph 49: of the Code. 5.6 in 1992 Section 145.135 was amended to inciucte a paragraph E, which reads-. The Chief of Police may deny requestsfor renewal of a special mult*le dog license ba sed u pon or & IP complaints received during the proceeding year. In the event ofsuch a denial, the applicant may, within ten days of being advised of the denial, request, in writing, a hearing before the City Council on the denial. 5.7 In 1995 the City Code was codified by Sterling Codiffiers, Inc. which process renumbered all previous Code references. This "is reflected by the added clause amd. 1995 Code at the endof the Dog Kennel denintion in Section 1002 and by the fact that Section 145.135 has becom S.ectlwi. 50t.20. 5.8 Currently, Section 1002.02 defines a dog kennel as: Anypremises where three or more /�% dogs over three months qf ageare kept, except where special multiple dog license (.3 or 4 IP dogs) is issuedpursuant to 501.20 of t s Code. 5.9 The Planning Division is of the opinion1hat there may have initially been the notion of a broader form of dog kennel regulation. However, subsequent amendments to the original definition,, specifically eliminating the reference to owned, boarded, bre ' d, andlor offered for sale and the added language referencing residential neighbor's support for kennelsof three or four dogs, and fenced in yards, leads the Planning Division to conclude that there is a need to differentiate between a kennel that supports dogs running/exercising outsiae and the boarding of pets in a controlled 'Indoor environment. 5. 10 The City Planner and City Attorney support the amendment of the definition of a Kennel to read: Any premises where three or moredozs over three months ofage are kept, except where special mult'le dog license (3 or 4 dogs) i's issuedpursuant to 501-20 Ip of this Code, excluding pet boarding andlor dog day care as an accessory use to pet and _pet supply store. 5.11 The City Planner and City Attorney also • support the 'Inclusion of pet boarding and/or pet q, day care as a conditional use in all zoning districts where pet and pet supply stores are permitted or conditional uses. This involves adding those uses to the chart in Section 1005.015 of the City Code and identifying them CUP. [.?F07-063—RCA 01 1408.doc Page 3 of 7