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ORD20031145. . . COMMON COUNCIL - CITY OF MUsKEGO ORDINANCE #1145 AN ORDINANCE TO AMEND CHAPTER 13, SECTIONS 13.01(2), 13.01(3), 13.01(16) OF THE MUNICIPAL CODE OF THE CITY OF MUsKEGO (Dog Fancier) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 13, Section 13.01 (2) 9. is hereby amended to add the following: (2) Definitions: 9. Dog Fancier - Any person in a single family residential dwelling unit who keeps, harbors, raises or possesses not less than three nor more than four dogs, over the age of five months. Dog fancier permits may be issued to property owners or users only if the applicant's lot is 19,500 feet or greater in size. SECTION 2: Chapter 13, Section 13.01(3) 3. is hereby amended to add the following: (3) Licenses Required: 3. Dog Fancier Permit - All owners of not less than three nor more than four dogs more than five months of age residing in a single family residential dwelling unit shall apply for a Dog Fancier Permit with the Clerk-Treasurer's office. 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 owner; number and breed of dogs; and shall be accompanied by a plat of surveyor 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 license with any conditions as imposed by the Finance Committee. 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 #1145 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 3: Chapter 13, Section 13.01(16) is hereby amended to add the following: (16) Number of Dogs Limited. Not more than two (2) dogs over the ages of five months shall be kept or maintained in any area of the City in which two (2) or more residences are occupied within 1,000 feet of each other, except in an authorized kennel, or those residents who have acquired a Dog Fancier Permit. The owner or tenant of the premises upon which a violation of this section occurs shall be notified thereof and allowed 10 days to conform to this section. SECTION 4: 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 Ordinance whose terms are in conflict with the provisions of this Ordinance are hereby repealed as to those terms that conflict. SECTION 5: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 22nd DAY OF ,2003. July CITY OF MUSKEGO /Þ(aLßffir~ 'Mark Slocomb, Mayor ATTEST: ~t::fY7~ k-Treasurer First reading: 7/8/03 Published this 31 st day of July, 2003 ~