6.38.010 License.
A. Dog breeders shall obtain a license issued by the division, in addition to any current general kennel or fancier’s permit required by ordinances.
B. An applicant for a license shall submit an application on a form prescribed by the division, together with an annual, nonrefundable license fee in an amount determined by the council.
C. The division, through its inspector, may conduct an inspection for the license requested by the applicant to determine whether the applicant qualifies to hold a license pursuant to this section. The division shall issue the license upon receipt of the application and annual license fee and upon satisfactory completion of any required or qualifying inspection and compliance with all requirements of this chapter.
D. A license will not be issued to an applicant who has pled no contest or has been found to have violated any federal, state or local laws or regulations pertaining to any animal laws within five years of the date of application.
E. An applicant who does not receive a license shall be afforded the opportunity for a hearing before a hearing officer of the division to present evidence that the applicant is qualified to hold a license.
F. This section shall not apply to:
1. Any person licensed or subject to inspection by the United States Department of Agriculture pursuant to the Federal Animal Welfare Act (7 U.S.C. 2131 et seq.) and its regulations (Title 9 C.F.R.).
2. Any evacuation or management activity associated with any emergency or disaster declared by local, state or federal government.
G. A license to operate as a dog breeder shall be renewed by filing with the division annually a renewal application and license fee.
H. License registration should be made prior to any litter being delivered. Failure to timely register under this chapter may result in additional penalties, including a late fee as established by the council.
I. A license is not transferable to another person or location.
J. A licensee may be put on probation requiring him or her to comply with the conditions set out in an order of probation issued by the division, may be ordered to pay a civil penalty or may have his or her license suspended after:
1. The division determines the licensee has not complied with the provisions of this section or with division regulations;
2. The licensee is given written notice to comply and written notice of the right to a hearing to show cause why the license should not be revoked; and
3. The division finds that issuing an order revoking the license is appropriate based on the hearing record or on available information if the hearing is waived in writing by the licensee or the licensee does not appear at a scheduled hearing after the licensee has received notice of the hearing.
K. The facility or operation of any licensee whose license has been suspended shall close and remain closed and all operations cease until the license has been reinstated and a new license is issued. Any facility or operation for which the license is revoked shall not be eligible to apply for a new license until one year after the date of the order revoking the license or, if the revocation is appealed, one year from the date of the order sustaining the revocation.
L. The division may terminate proceedings undertaken pursuant to this section at any time if the reasons for instituting the proceedings no longer exist. A license which has been suspended may be reinstated, a person with a revoked license may be issued a new license, or a licensee may no longer be subject to an order of probation if the division determines the conditions which prompted the suspension, revocation, or probation have been remedied or no longer exist.
M. A licensee shall have the right to appeal adverse decisions to the division director or designee. (Ord. 2018-06 § 1 (Exh. A (part)); Ord. 2012-12 § 2 (Exh. A (part)))