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Home My WebLink AboutORD 2896BILL NO.37 ORDINANCE NO.2896 AN ORDINANCE AMENDING CHAPTER 8,ARTICLE 3,SECTION 9 OF THE CALDWELL CITY CODE REGARDING ANIMAL CONTROL AND AMENDING CHAPTER 10,ARTICLES 2 AND 3 OF THE CALDWELL CITY CODE REGARDING THE LAND USE SCHEDULE,LAND USE REGULATIONS FOR ANIMALS,AND DEFINITIONS;PROVIDING FOR AN EFFECTIVE DATE;PROVIDING FOR SEVERABILITY;AND REPEALING ALL ORDINANCES,RESOLUTIONS,ORDERS,AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell,County of Canyon,State of Idaho: Section 1.That Chapter 8,Article 3,Section 9 of the Caldwell City Code shall be amended as follows: 08-03-09:CANINE LICENSING: (2)Kennel License;Application:It is unlawful to keep,maintain or possess upon the premises of any ono household more than three (3)canines six (6)months of age or older within the City,unless the establishment meets all of the qualifications and requirements for a commercial kennel.A commercial kennel license^in addition to the required canine license for each canine,shall be obtained.Such kennel license shall only^be permitted and issued in accordance with the terms and provisions of applicable land use regulations stated in Chapter 10 of this code,provided,howovor.that nntine of nny pnhiir hmring rftgi|jrntj-Qn any application for a kennel liconse shall bo mailed to all ownors of proporty within six hundred feet (600'j of tho tract where such kennel is to be erectod or maintainod.Exception:Anv establishment that keeps,maintains,or possesses more than three (3)canines as of January 1.2012 may keep all canines,even if the qualifications and requirements for a commercial kennel aren't met,and does not need a commercial kennel license.All canines,regardless of number,shall be licensed and those establishments that do qualify as a commercial kennel shall obtain such kennel licensing.Such establishments that exceed the maximum of three (31 but do not meet the qualifications of a commercial kennel,shall not be permitted to keep,maintain or possess anv additional canine bevond the number possessed as of January 1,2012.Neither shall they be allowed to replace anv canines until such replacement will yield a number of canines to be three or fewer.NOTE:For purposes of this grandfather clause. all establishments that have more than three (3)canines as of January 1.2012 must show proof that all canines have been licensed no later than May 31.2012.Anv establishment that has more than three (3)canines that does not have proof of licensure for every canine prior to Mav 31.2012 will be prohibited from having more than three (3)canines unless they meet the qualifications for and are licensed as a commercial kennel. A.License Fees:A kennel license shall be issued when the applicant pays the annual kennel license fee plus the annual tag fee for each canine six (6)months of age or older to be kept in the kennel,provided the requirements established in this section have been fulfilled. 1.Kennel licenses shall only be issued by the Citv Clerk's office and only after an Application for A Kennel has been completed bv the applicant and submitted to the Planning and Zoning Department for review and approval.Upon receipt of an Application for A Kennel. the Planning and Zoning Department shall review and approve or deny said application.The Planning and Zoning Department shall then notify both the applicant and the Citv Clerk's office of the status of the application.If the application has been approved,the Citv Clerk will then proceed with the process of issuing the kennel license. &Location:No kennel shall be established within ono hundred fifty foot (150')of any dwelling houso othor than that of tho kennol ownor;providod,however,that a konnel liconco may bo issuod to OGtabiiGh a kennel within ono hundrod fifty feet (160')of a dwolling houco othor than that of tho konnol nwnnr upnn rnncont nf til prnpnrfy r,wnm wjthin thrOG hundrod foot (300')of the kennel. Ord.No.2896 (Kennel definitions and use)page -j of 2 rB_Condition;Noise:Said canine kennel shall be kept at all times in a clean and sanitary condition, and the canines shall be reasonably restrained from annoying the neighborhood or the general public by loud,frequent,or habitual barking,yelping or howling. Section 2.That Chapter 10 of the Caldwell City Code shall be amended as follows: 10-02-02:Land Use Schedule: Table 1 -Land Use Schedule Commercial- Service: Commercial Kennel RS-1 RS-2 R-1 R-2 R-3 C-1 C-2 P C-3 P C-4 P M- 1 P M- 2 P I-P P A- D C-D H-D 10-02-15(4)C.6.(C)Dogs {see section 08 03 09 Chapter 8.Article 3 of this code for further rules on dogs)3 10-03-11:DEFINITIONS: COMMERCIAL KENNEL:An establishment in which more than three (3)dogs or other domesticated animals are regularly and routinely housed,groomed,bred,boarded,trained,and/or sold,all for a fee for compensation. 10-13-03:Table 10-13-1 Land Use Schedule for Mixed Use Districts Commercial -service: Commercial Kennel T-N S H-C SP Section 3.All ordinances,resolutions,orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 4.This ordinance shall be in full force and in effect from and after its passage,approval and publication, according to law. Section 5.This ordinance is hereby declared to be severable.If any portion of this ordinance is declared invalid by a court of competent jurisdiction,the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. PASSED AND ADOPTEDBY THE COUNCIL OF THE CITY OF CALDWELL,IDAHO,this 2_rU;day of OumuI,.2012 +*"" APPROVED BY THE MAYOR OF THE CITY OF CALDWELL,IDAHO, this Zi^y day of vJoC^V^,2012. Garret Nancolas,Mayor Debbie Geyer,City Clerl Ord.No.2896 (Kennel definitions and use)Page 2 of 2 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO.2896 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 8, ARTICLE 3,SECTION 9 OF CITY CODE REGARDING ANIMAL CONTROL AND AMENDING CHAPTER 10,ARTICLES 2 AND 3 OF CITY CODE REGARDING THE LAND USE SCHEDULE, LAND USE REGULATIONS FOR ANIMALS,AND DEFINITIONS;PROVIDING FOR AN EFFECTIVE DATE;PROVIDING FOR SEVERABILITY;AND REPEALING ALL ORDINANCES, RESOLUTIONS,ORDERS,AND PARTS THEREOF IN CONFLICT HEREWITH. Section 1:Amends Chapter 8,Article 3,Section 9 of the Caldwell City Code,regarding canine licensing,as follows: (1)Specifically prohibits commercial kennels unless all qualifications and requirements are met, including a commercial kennel license. (2)Establishes an exception grandfather clause for those dwellings that possess more than three canines as of January 1,2012 by allowing them to continue as long as no further canines are added,all canines are licensed,and proof of licensure takes place by May 31,3012. (3)Establishes the process for issuance of a commercial kennel license. Section 2:Amends Chapter 10 of the Caldwell City Code,regarding the zoning ordinance,as follows: (1)Identifies which land use zones are allowed to have a commercial kennel. (2)Provides a definition for a commercial kennel. Section 3:Repeals conflicting ordinances,resolutions and orders. Section 4:Provides that this ordinance shall be in full force and effect from and after its passage,approval,and publication,according to law. Section 5:Provides for severability. Ordinance No.2896 provides an effective date,which shall be when published in the Idaho Press Tribune on the 9th day of April,2012.Ordinance No.2896 was passed by the Council and approved by the Mayor on the 21ld day of April,2012.The full text of the Ordinance is available at Caldwell Planning &Zoning Department,621 Cleveland Boulevard,Caldwell,Idaho.The Mayor and City Council approved the foregoing summary on the 2"d day of April,2012 for publication on the 9lU day of April,2012,pursuant to Idaho Code 50-901 A. Mayor Garret L.Nancolas ATTEST:Debbie Geyer,City Clerk STATEMENT OF LEGAL ADVISOR: I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No.2896 and provides adequate notice to the public as, the contents of such ordinance. DATED this 2"a day of April,201> Mark Hilty,Attorney for£%*rCMdwell