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(A) Emergency. The permit provisions do not apply to emergency situations where a person or nonprofit entity boards dogs, subject to the following conditions:

(1) The person boarding dogs will submit a sworn and notarized statement that they are caring for the dogs for a maximum of 30 calendar days per dog.

(2) This statement shall contain the name, address, and phone number of the individual or organization who provided the dog or dogs to the boarder.

(3) No more than two dogs will be permitted under this emergency exception.

(4) The boarder will provide the Enforcement Officer with the final disposition of the animal within the 30 calendar days for each dog noted on the original statement, as well as the name and contact information of the adopting party. Extensions of the time limit of 30 days may be permitted at the discretion of the Enforcement Officer, but in no event shall such extension exceed six months per animal.

(5) The goal of this emergency exception is to protect the animals that are in foster care rather than to punish law-abiding pet owners.

(B) Service Animals. Any SERVICE ANIMAL as defined in subsection (A) of this section shall not be counted toward the six dogs allowed without a personal kennel permit.

(1) The provisions of C.F.R. Title 28, Chapter 1, Part 35, relating to nondiscrimination on the basis of disability in state and local government services at 28 C.F.R. § 35.136(f) apply to inquiries about service animals. The Enforcement Officer shall not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal for purposes of this section.

(a) A public entity may ask if the animal is required because of a disability; and

(b) What work or task the animal has been trained to perform.

(2) Generally, the Enforcement Officer may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (for example, the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

(3) The Enforcement Officer shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. (Ord. 358 § 1, passed 10-12-2016. Code 2012 § 95.03(D).)