§ 4-45. Animal rescue shelter permits.

(a)

Any person or entity desiring to establish an animal rescue shelter within the city limits of the city shall submit to the city clerk an application for a permit for such facility. The application shall be in a form provided by the clerk's office and shall provide the following information.

(1)

Name of permit applicant, address of applicant, address of shelter location, if different, and telephone number of applicant;

(2)

Verification of current rabies vaccination for each animal held in the facility;

(3)

A statement that the applicant will not violate any of the provisions set out in this section.

(b)

Upon the filing of a completed application, the application shall be placed before the city council for its consideration and action. The clerk shall cause notice to be given by mail, as provided by MCA 7-1-4129, to all owners of property within 250 feet of the exterior boundaries of the property for which the permit is sought.

(c)

In considering whether to grant such permit, the city council shall consider the following criteria:

(1)

An animal rescue shelter shall not have more than eight animals on the premises at any time. Animals owned by the permit holder are included within this eight animal limit;

(2)

Animal rescue shelters shall not be a for-profit enterprise;

(3)

The permit holder for an animal rescue shelter shall not knowingly accept into the shelter animals from any locations outside of Custer County, Montana;

(4)

When the animals are not under the actual physical control of the permit holder, the permit holder shall provide an appropriate fenced area in which the animals may be placed for exercise; and

(5)

The permit holder must be compliant with all animal control ordinances.

(d)

The granting of a permit shall require the affirmative vote of two-thirds of the membership of the city council.

(e)

Revocation of permit.

(1)

The mayor shall revoke an animal rescue shelter permit upon:

a.

Refusal of the permit holder to allow inspection of the animal shelter premises;

b.

Three convictions of the permit holder for violations of any of the provisions of this chapter in a 24-month period;

c.

The permit holder using the permitted facility to dispose of or to find homes for surplus puppies and breeding stock; or

d.

Any other violation of the provisions of this section.

(2)

The mayor shall give notice to the permit holder of any revocation. The notice shall be in writing, shall specify the deficiencies or violations, advise the violator/permittee of the right to appeal, and shall be mailed by certified mail, return receipt requested, or personally served. The permittee shall have ten days to appeal the revocation to the city council. The appeal shall be filed in writing with the city clerk. The mayor shall cause the matter to be placed on the first available agenda. The applicant shall be notified by certified mail or personally served with notice of the date of the council meeting at least three days prior to the hearing. The matter shall be considered by the council after the appellant has had an opportunity to be heard in person or by counsel at the regular council meeting in which the matter appeared on the agenda.

(f)

State licensed veterinarian clinics shall be exempt from this section.

(Ord. No. 1230, § 2, 6-12-12)