§ 5-112. Rescue group license.

No person shall operate a rescue group as defined in this chapter within the city, without first obtaining a license from the department. The director shall take into consideration the housing conditions, the history of the permittee as it relates to sanitation, health, welfare of the animals, birds or reptiles housed, and related zoning requirements. The director may require an inspection and evaluation as part of the approval process or upon the receipt of a complaint after approval.

(1)

Applications for an original or renewal rescue group license shall be submitted to the department and shall be approved or denied by the department. The director shall investigate the applicant's qualifications for a license, and report its findings to the department. A conviction for the violation of any provision of this chapter may constitute cause for denial or revocation of a license.

(2)

Failure to apply for a license, or within thirty (30) days after the renewal date, shall constitute a misdemeanor offense.

(3)

Each rescue group license shall be valid for two (2) years.

(4)

Rescue group license applications submitted to the department shall be accompanied by an application fee. Corporations with an Internal Revenue Service Code Section 501(c)(3) status as a non-profit organization established for the purpose of protecting and caring for stray and unwanted animals shall not be required to pay said fee.

(5)

Organizations with an approved rescue group license shall be exempt from being required to have a seller's permit or pet shop license. Organizations with an approved rescue group license and the official fosters of an approved rescue group shall also be allowed to apply rules associated with an excess animal permit to those pets being temporarily fostered for the approved rescue group.

(6)

The following outlines the appeal process for denial or revocation of a rescue group license:

a.

A person who is denied a license or whose license is revoked has the right to appeal the denial or revocation by submitting written notice to the director within ten (10) working days of the denial or revocation. Upon the timely receipt of such written notice, the department shall schedule an animal permit hearing. The person shall be notified of said hearing by certified mail, return receipt requested. Failure of the person to appear at the hearing shall result in a final denial or revocation with no further appeal. The person may be represented by counsel.

b.

The director shall determine whether, by a preponderance of the evidence, a license should not be denied or revoked based upon evidence, affidavits, and testimony presented at the time of the hearing by any person possessing information pertinent to such determination. The person may cross examine witnesses. A record of the hearing shall be kept. The director shall issue written factual findings and a determination as to whether the license denial or revocation should be reversed within five (5) working days after the animal permit hearing. The person shall be notified of the director's findings and determination by certified mail, return receipt requested. The result of the appeal is final

(Ord. No. 2017-10-05-0755 , § 1, 10-5-17)