Section 3-2-B-8 NUMBER OF DOGS AND CATS LIMITED; SPECIAL PET PERMIT.

1. Number Limited; Special Pet Permit Required: It shall be unlawful to own more than two (2) dogs and/or two (2) cats at the same address or on the same premises, without first obtaining a special pet permit.
2. Application For Special Pet Permit; Fee; Investigation: Any person who desires to own more than two (2) dogs and/or two (2) cats may apply to the City for a special pet permit. The application shall be made on a form provided by the City and accompanied by a nonrefundable application fee as provided by ordinance or resolution or as otherwise permitted. The application shall:  (1) include the name, address, and telephone number  of the applicant; (2) identify each animal to be located at the address or premises by its name, breed, age, sex (including whether or not animal is spayed or neutered), and City license number (if applicable); (3) identify whether the applicant owns, leases, or rents the property where the animals are to be kept; (4) identify the property owner(s) by name, address, and telephone number, if the property is leased or rented; and (5) list any other person who may share in the care, custody and control of the animals.
   1. Following application, Animal Control will attempt to notify all neighboring property owners, residents or businesses (hereinafter “neighbor” or “neighbors”), and the owner(s) of the applicant’s property if different than the applicant, of the pending application. The neighbors, and owner(s) if applicable, may provide comments regarding the application to Animal Control. Any comments submitted in writing are subject to the Kansas Open Records Act and cannot be kept confidential. For purposes of this section, "neighbors" shall include, but not be limited to, all properties abutting the applicant’s property, without regard to public right-of-way or publicly owned open space.
   2. Animal Control shall have authority to order that any animals in excess of those lawfully permitted be removed from the applicant’s property during the processing of the application. Animal Control shall have discretion to temporarily allow some or all of the animals in excess of those lawfully permitted to remain at the property during the processing of the application if it appears to Animal Control that the temporary keeping of said animals will not create or contribute to a nuisance situation, or negatively affect the health, safety, and welfare of the animals, neighbors, or of the general public. It shall not be a defense to a violation of this Section that an application for a special pet permit has been submitted to, or is pending with, the City.
   3. Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant’s representative, present. Refusal to allow such entry or inspection shall be grounds for denial or revocation of the permit. Notice need not be given to any person prior to inspection; however, Animal Control will attempt to schedule a mutually agreeable time for the initial inspection. During the initial inspection, Animal Control will consider whether the keeping of said animals may in any way create a nuisance; negatively affect the health, safety, or welfare of the animals, neighbors, or of the general public; or violate any provisions of this Code.
   4. Following the initial inspection, Animal Control shall prepare a written report of its investigation, including its decision to approve, conditionally approve, or deny the application. In preparing said report, Animal Control may consider, but is not limited to, the  following factors: whether the keeping of the animals may negatively affect the health, safety or welfare of the animals, neighbors, or of the general public; whether the keeping of the animals will likely create a nuisance or disturb the peace and quiet of the surrounding areas; comments of the property owner(s) and/or neighbors; and any prior complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or other person(s) who may be responsible for the care of the animals.
3. Approval or Denial; Right to Appeal:
   1. The City shall provide written notice of Animal Control's decision to approve, conditionally approve, or deny the application to the applicant at the address provided on the application.
   2. If approved, the additional animals must be licensed within seven (7) days from the date the notice of approval is mailed by the City.  The special pet permit shall be issued for the specific animals listed in the application and shall not be transferable to any other animals, owners, or to any other address or premises. No additional dog(s) and/or cat(s) may be added to the address or premises without first applying for and obtaining approval of a new special pet permit identifying the additional animal(s).
   3. If conditionally approved, the additional animals must be licensed within seven (7) days from the date the notice of conditional approval is mailed by the City. The notice of conditional approval shall also identify the specific conditions the applicant must meet and/or maintain throughout the duration of the permit. Failure to meet and/or maintain any specified conditions shall be grounds for revocation of the permit.

   4. If the special pet permit is denied, any additional animals that were permitted to remain on the premises during the processing of the application must be removed from the property within seven (7) days from the date the notice of denial is mailed to the applicant by the City. This is a mandatory requirement that cannot be suspended by the filing of an appeal. If the applicant fails or refuses to remove the additional animals, Animal Control is authorized to have said animals impounded and held until any applicable holding period has run or any appeal to the Lenexa Municipal Court is finalized, whichever is later. The applicant shall be responsible for all costs associated with impoundment and boarding under this Section.

   5. A period of six (6) months following the date of denial, or revocation as provided in subsection E below, must elapse before another application for the same owner, same animals, or same location can be submitted. This six (6) month waiting period may be waived by Animal Control if it is determined that a material change in circumstances has occurred.

   6.  Any applicant who is denied a special pet permit, or whose existing permit is revoked as provided below, may appeal that decision to the Lenexa Municipal Court for an administrative hearing thereon. The applicant must file a written notice or statement of appeal with the Municipal Court Clerk, and pay a non-refundable administrative filing fee in an amount as provided by ordinance or resolution or as otherwise permitted, within ten (10) days from the date the notice of the decision was mailed by the City. No appeal shall be set for a hearing unless both said fee and written notice of appeal are received by the Court Clerk within the ten (10) days. The matter shall be scheduled for a hearing within fourteen (14) days after the appeal is perfected (i.e. both fee and notice of appeal received). 

      1.  The hearing on appeal shall be conducted by the Lenexa Municipal Judge, or other person designated by the Mayor, either of whom will sit as an administrative judge for purposes of this Section. As administrative judge, he or she is empowered to hold hearings, subpoena witnesses, take the testimony of persons under oath, and to require the production of any evidence relating to any matter being heard.

      2.  The issues for determination shall be whether the decisions, actions, or findings of Animal Control were within the scope of their authority, supported by substantial competent evidence, and not arbitrary or capricious in nature. The administrative judge shall make specific findings of fact and conclusions of law in each appeal.

      3.  The decision of the administrative judge shall be final.

4. Duration and Renewal:

   1. A special pet permit shall expire on December 31 of the calendar year in which it is issued. It may be administratively renewed by the City for the next calendar year so long as the following conditions are met:

      1. The applicant has paid the nonrefundable renewal fee as provided by ordinance or resolution or as otherwise permitted.

      2. The animals subject to the permit are the same specific animals listed on the original application; provided, that a special pet permit may be administratively renewed if renewal is sought for a lesser number of animals than those listed on the original application, due to the death or removal of one or more of the animals, so long as no animal(s) have been replaced or added.

      3. All animals have current licenses and vaccinations.

   2. Failure to pay the renewal fee on or before December 31 of each year subjects the owner to late fees as provided by ordinance or resolution or as otherwise permitted, as well as citations if the additional animals are still maintained on the property. Further, failure to pay the renewal fee or any applicable late fees shall be sufficient grounds for revocation of the permit.

5. Revocation Of Special Pet Permit: A special pet permit may be revoked at any time by the City upon a showing that the applicant, or any other person having custody or control over any of the animal(s) subject to the permit, has allowed a condition to exist that constitutes a nuisance or otherwise negatively affects the health, safety, or welfare of the animals, neighbors, or of the general public; or has failed to comply with any of the requirements of the permit or of this Code; or was involved in any activity prohibited by Federal, State or local law; or if it is determined that the applicant provided false or misleading information in the application.  The City shall provide written notice of revocation to the applicant at his or her last known address address  via first class mail. The notice shall include the basis for the revocation, the effective date of the revocation, and the date at which time the additional animals must be removed from the residence or premises. Removal and/or impoundment of the animals shall be governed as provided in subsection C-4 above.  The applicant has the right to appeal the revocation of the permit, as provided in subsection C-6 above; however, the non-permitted animals must be removed from the premises by the date set by the City in the notice of revocation regardless of whether an appeal is filed or heard.