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ORD20091307-Dogfancier-Clean COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1307 AN ORDINANCE TO AMEND CHAPTER 13, SECTION 13.01 (3) 3., OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Dog Fancier Permit) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 13, Section 13.01 (3) 3. of the Municipal Code of the City of Muskego is hereby amended to read as follows: (3) Licenses Required 3. Dog Fancier Permit - Any person in a single-family residential dwelling unit who keeps, harbors, raises or possesses three or four dogs over the age of five months shall apply for a Dog Fancier Permit with the Clerk- Treasurer’s office. Dogs, as defined by the American with Disabilities Act, that are individually trained to perform tasks for people with disabilities are not counted when determining the total number of dogs in this section. The Dog Fancier Permit shall expire on December 31 of the year issued, and must be renewed annually. The application shall include the applicant’s name, address, phone numbers, fax numbers, and e-mail address, signature of the applicant, number and breed of dogs, and shall be accompanied by a plat of survey or other official documentation identifying the square footage of the residential property and a fee as established from time to time by resolution of the Common Council. The Clerk-Treasurer shall notify all residents of adjacent properties of the property identified on the application and place the application for the Dog Fancier Permit on a Finance Committee agenda for review and determination of any conditions, such as requiring a fenced yard, and authorization for the Clerk-Treasurer to issue said permit following compliance to any conditions as imposed by the Finance Committee. Notification to adjacent property owners shall be given at least two weeks prior to the Finance Committee meeting. A Dog Fancier Permit shall not be issued or maintained and may be revoked if the dog fancier fails to comply with the following conditions: a. All dogs shall be maintained in a healthy condition or, if ill, shall be given appropriate treatment on a timely basis. b. The quarters in which the dogs are kept shall be maintained in a clean condition and good state of repair. c. Enclosures shall be large enough to provide sufficient freedom of movement for the dogs contained therein. Ordinance #1307 Page 2 d. All yards, pens, premises, enclosures and animals shall be kept free of pest infestations. e. There shall be no odor, noise, nuisance or dog control issues. f. All premises, quarters, yards, pens or other places where dogs are kept shall be subject to inspection by city officials at reasonable hours. g. No dog for which a fancier’s permit has been issued may be found in violation of 13.01(16). SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. TH PASSED AND APPROVED THIS 24 DAY OF NOVEMBER , 2009. CITY OF MUSKEGO _______________________________ John R. Johnson, Mayor ATTEST: First reading: 11/10/2009 _________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: 12/03/2009 10/09jmb