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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 b. c. « The yard of the licensed premises is fenced in such a manner to restrain dogs on the premises from leaving the yard Dogs kept on the licensed premises do not create a nuisance by excessive barking or by creating unsanitary conditions. 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 include a paragraph E, which reads: The Chief of Police may deny requests for renewal of a special multiple dog license based upon complaints received during the proceeding year. In the event of such a denial, the applicant may, within ten days of being advised of the denial, request, in writing, a hearing before the Ciry Council on the denial. 5.7 In 1995 the City Code was codified by Sterling Codifiers, Inc. which process renumbered all previous Code references. This is reflected by the added clause amd. 1995 Code at the end of the Dog Kennel definition in Section 1002 and by the fact that Section 145.135 has become Section 501.20. 5.8 Currently, Section 1002.02 defines a dog kennel as: Any premises where three or more dogs over three months of age are kept, except where special multiple dog license (3 or 4 dogs) is issued pursuant to 501.20 of this Code. 5.9 The Planning Division is of the opinion that 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, bred, and/or offered for sale and the added language referencing residential neighbor's support for kennels of 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 outside 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 Dog Kennel to read: Any premises where three or more dogs over three months of age are kept, except where special multiple dog license (3 or 4 dogs) is issued pursuant to 501.20 of this Code, excluding pet boarding and/or 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 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. PF07-063_RCA_011408.doc Page 3 of 7