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Case File: CU 09-17 <br />Page 3 <br />Private Kennel Conditional Use Permit <br />Utuuh/Marchiafava <br />A private kennel license is subject to annual inspection bythe Police Chief. Additionally, if the <br />conditions of the Conditional Use Permit are not followed, the City may revoke the CUP. <br />The following Ordinance Sections address Noise and Feces: <br />Sec. 70-7. Noisy animals. <br />It shall be unlawful for any person to own, Deep, have in his possession, or harbor any animal which, by frequent and habitual <br />howling ye ping, barking or otherwise, shall cause serious annoyance or distu~hance to persons or to the neighborl.~ood; provided, <br />however, that the provisions of this section shall not apply to duly autbori~ed h. ospitals or clinics established and operating for the <br />treatment of small animals. l~TO person shall be convicted under the provisions of this section except upon evidence f~ om 50 percent <br />of the adult residents living within 500 feet of the residence of the animal complained of or from four persons each of a different <br />household, whichever is less, and no warrant shall be issued except after written notice .has been mailed or delivered to the occupant <br />of the premises where such animal is kept or harbored advising that a complaint has been made about the animal and calling <br />attention to the provisions of this section. <br />Sec. 70-9. Removal o animal feces. <br />(a) Any person having the custody or control of any dog or domestic animal shall have the responsibility for cleaning up any feces <br />of the animal and disposing of such feces in a sanitary manner. It shall furthermore be the duty of any person having custody or <br />control of any dog or domestic animal on or about any public place or private pzroper y of another to have in such person's <br />possession suitable equipment for the picking up, removal, and sanitary disposal of animal feces. The provisions of this subsection <br />shall not apply to a guide dog accompanying a blind person or to a service dog accompanying a disabled person or to a dog when <br />used in police or resczre activities. Every person convicted of a violation of this subsection shall be punished by a fine of not more <br />than ,900.00. <br />Applicable Regulations <br />Conditional Use Permit <br />The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: <br />7. 1Ylill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate <br />vicinity or the public health, safety, morals, comfort, convenience orgeneral avelfare of the neighborhood or the <br />city. <br />2. mill be consistent with the comprehensive plan. <br />3. 1~ill not impede the normal and orderly development and improvement of surrounding vacantproperty. <br />4. mill be served adequately by and will not adversely affect essential public facilities and services including <br />streets, police and fireprotection, drainage, refuse disposal, avateJ° and sezver° ~stenas, packs and sc/oools; and <br />avill not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public <br />thorougl fares. <br />S. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be <br />detrimental to cry persons orproperty because of excessive traffic, noise, smoke, fumes, glare, odors, dust or <br />vibrations. <br />6. Wlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. <br />7. mill fully comply with all other requirements of this Code, including any applicable requirements and <br />standards for the issuance of a license orpermit to establish and operate the proposed use in the city. <br />S:\PLANNINGMAIN\CaseFiles\CUP\CU09-17 Unruh-Maz-chiafava\CU09-17 PC.doc <br />