Memorandum

City of Lawrence

City Manager’s Office

 

TO:

Diane Stoddard

FROM:

Brandon McGuire

DATE:

March 3, 2016

RE:

Proposed Code Revisions to the City’s Commercial Boarding Kennel License Definitions and Fees

 

Issue Background

Following the November 2014 boarding kennel fire at Christal K-9, staff conducted a review of regulatory, licensing, and fire and building safety issues related to commercial boarding kennels. The City Commission received the attached report on the December 16, 2014 City Manager’s Report. Following the December 16th meeting staff began engaging stakeholders to learn more about the issues in order to develop possible code changes that addressed commissioners’ concerns. Staff presented an update on the process at the June 2, 2015 City Commission meeting immediately following the Pet World fire. The attached report was presented at that meeting. Discussion at these previous meetings mostly focused on fire safety issues related to kennels, and those issues were decided on with the Commission’s recent adoption of the Fire Code. This memorandum follows up on an issue related to the City’s dog kennel license.

 

At the June 2nd meeting staff presented a recommendation to eliminate the commercial kennel licensing requirement from City Code. Several commissioners indicated they would not support elimination of the commercial kennel license and instead directed staff to begin actively seeking compliance from animal service businesses. In carrying out the Commission’s direction, certain Code references created confusion about the commercial kennel license. This memorandum provides background information on the issue and includes a recommended Code revision to address the issue.

 

Overview of Commercial Kennel License

The Land Development Code (City Code Chapter 20-1710) provides an Animal Services commercial land use category. Included in the Animal Services category are sales, grooming, kennels, day care and veterinary uses. Animal service uses are permitted only in the following commercial zoning districts: Community Commercial Centers (CC), Regional Commercial (CR), Commercial Strip (CS), Limited Industrial (IL) and General Industrial (IG). City Code Chapter 3, Regulations of Animals, requires anyone owning on a premises five or more dogs, ten weeks in age or older, to obtain a commercial kennel license (City Code 3-106). The codified definition of “ownership” is, “to keep, maintain, possess, control, sell, trade or buy (City Code 3-102 (D)).” “Owner” is defined as, “the person who owns, keeps, harbors or possesses an animal or specified animal (City Code 3-102 (E)).”

 

Based on the City Code definitions, staff concludes that most business types that serve dogs, including veterinarians, kennels, daycares, shelters and groomers are, by definition, an “owner” of a dog while the dog is in their possession and care. As such, these business types are required to obtain a commercial kennel license if five or more dogs are kept at the premises. The commercial kennel license provides a zoning check and a registry to ensure that premises, at which five or more dogs are kept, are appropriately zoned for the use. The license requirement serves to mitigate nuisance issues from the operation of illegal kennels at unlicensed premises.

 

Challenges Calculating Dog Kennel License Fee

Dog kennel licensing fees are set by the schedule of fees in Chapter 6 of the City Code pertaining to business licensing, taxes and regulations. City Code 6-108.2 establishes a $20.00 annual fee for the commercial kennel license and an additional fee of $1.00 annually for each dog in excess of 10 dogs. The Code language regarding the commercial kennel license creates confusion about how the fee should be calculated. The Code does not provide a specific method to determine the number of dogs by which to calculate the additional fee and as a result the fee could be calculated a number of different ways.

 

Staff Recommendation

Clarifying language is needed to enable staff to determine the appropriate fee for the commercial kennel license. Staff recommends establishing a flat fee for this license type. The recommendation before the Commission is to revise the annual dog kennel fee to $20.00 for the initial application and $10 for each subsequent renewal application. This recommended fee reflects the City’s costs associated with administering this licensing process. Staff recommends adopting Ordinance No. 9207 to enact the recommended dog kennel fee changes.

 

Action

If appropriate, adopt on first reading Ordinance No. 9207 amending chapter VI, article 1, section 108.3, of the City Code and amendments thereto, pertaining to the business licensing and fees of dog kennels.