<div class="chunk-title">Sec. 5-28. - Permits for kennels.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               No person may maintain a kennel within the County of New Hanover except in accordance
               with a permit issued pursuant to this section.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Animal services shall issue the permit required by this section. The permit application
               forms shall be promulgated by animal services pursuant to this section. Before issuing
               the permit, animal services shall require proof that each of the following conditions
               has been met by the kennel operator:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Each dog kept or maintained in the kennel must be vaccinated for rabies and must be
               licensed as required by <a href="" data-chunk-id="COOR_CH5AN_ARTIINGE_S5-5RAVACOPERE" class="section-link" data-product-id="11337">section 5-5</a>;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Permits shall include the name, address, and telephone number of the owner/operators
               of the kennel, the address and physical location of the kennel, and the number of
               dogs over the age of six months being kept at the kennel as of January of the year
               for which the permit is issued;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               If the dogs are to be kept or maintained in any kennel or enclosure other than the
               principal structure on the premises, whether on a temporary or permanent basis, said
               kennel or enclosure must satisfy the size and location criteria of <a href="" data-chunk-id="COOR_CH5AN_ARTIINGE_S5-4DE" class="section-link" data-product-id="11337">section 5-4</a>;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The applicant or any other person associated with the operation of the kennel must
               not have been convicted or found liable for cruel or inhumane treatment of animals
               within the five years next preceding the date of the permit application;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               There must be no violations of any health or sanitation codes or ordinance arising
               from or in connection with the handling or disposal of animal wastes involving the
               premises or any person associated with the operation of the kennel for the five years
               next preceding the date of the permit application;
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               If the applicant is not the owner of the premises proposed for the kennel operation,
               there must be written permission from the owner of the premises to engage in the operation
               of the kennel;
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               There must be no reported incidents of injurious or threatening behavior by dogs on
               the premises for the 12 months next preceding the date of the license or permit application.
               Any such reported incidents must be independently verified and confirmed in the records
               of the New Hanover Sheriff's Office, Wilmington Police Department, Animal Services
               Division of New Hanover County or any other law-enforcement agency; and
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               No more than one kennel permit may be issued for any premises within the county. For
               purposes of determining the number of dogs, all dogs on a single premises shall be
               included in the total.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               When a permit is denied for any reason, animal services shall state the reason for
               the denial in writing and shall deliver the determination to the applicant personally
               or by registered or certified mail, return receipt requested.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               Any kennel issued a permit pursuant to this section shall be maintained in a clean
               and sanitary condition at all times: The portion of the premises occupied by the kennel
               shall be cleaned of dog feces and other animal waste at least once a day and said
               feces and animal waste shall be properly disposed of. Failure to maintain a kennel
               in accordance with this provision shall also result in the kennel and dogs being declared
               a public nuisance pursuant to <a href="" data-chunk-id="COOR_CH5AN_ARTIINGE_S5-4DE" class="section-link" data-product-id="11337">section 5-4</a> and shall subject the kennel operator to the abatement procedures and penalties set
               forth in this chapter.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               The requirements of this section apply to all kennels in operation within the county
               on the effective date of this section, as well as any established or brought within
               the county thereafter. However, operators of kennels that are within the county on
               the effective date of this section shall not be deemed in violation until after they
               have been notified in writing of the requirements of this section and have failed
               to apply for the required permit within 30 days. In any event, no kennel operator
               shall be deemed in violation of this section for a period of 180 days following its
               effective date.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               A permit issued in accordance with this section may be revoked by animal services
               for any of the reasons enumerated under subsection (b), above. Animal services shall
               state the reason for the revocation in writing and shall deliver the determination
               of revocation to the permittee personally or by registered or certified mail, return
               receipt requested.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               Any person who is denied a permit or whose permit is revoked pursuant to this section
               shall have 30 days to comply with the requirements of this section or to reduce the
               number of dogs on the premises to not more than four.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               Any person who is denied a permit or who has a permit revoked may appeal the denial
               or revocation to the county manager or his designee by giving written notice of appeal
               to the county manager within 30 days or after the receipt of the written determination.
               The county manager or his designee shall conduct a de novo hearing to determine if
               the permit should be denied or revoked. Any enforcement action shall be stayed pending
               determination of an appeal pursuant to this subsection.
               </p>
            		
            <p class="historynote0">
               (Ord. of 9-22-2008; Ord. of 3-12-2012)
               </p></div>