2858                            County Local Laws

harboring of three or more female dogs or cats each bearing offspring
two or more times during any twelve-month period shall be prima
facie evidence that such animals are harbored for the purpose of
commercial breeding.

Sec. 3. New subsection (c) is hereby added to follow immedi-
ately after subsection (b) of Section 76-57, Chapter 76, title "Animals
and Fowl," of the Montgomery County Code 1965, as amended, and
existing subsection (c) of said Section 76-57, is hereby repealed and
re-enacted, with amendments, to read as follows:

76-57. License required; Fee, issuance

*  * *

(c)    No person shall establish or maintain a "Dog Fanciers'
Kennel" without first obtaining an annual license therefor from the
Department of Inspection and Licenses. The license fees for such
kennels shall be based on the number of adult dogs harbored at the
kennel and shall not exceed the total fee which would be required for
the individual licensing of such dogs pursuant to Section 76-30 of this
Chapter. The surplus offspring of dogs bred at a "dog fanciers'
kennel" to enhance or perpetuate a given breed may be sold by such
kennel and such sale shall not be considered a commercial activity for
the purpose of this Chapter provided such breeding is occasional and
provided further that the sale of the offspring of breeding is not the
primary function of the kennel. Dogs maintained at a licensed "dog
fanciers' kennels" are exempt from the individual licensing provisions
of this Chapter except as otherwise provided in this Article. For pro-
tection and identification no dog may be permitted to leave the owner's
premises for any reason without wearing a collar or harness with
identification tags or marks attached thereto giving the name and
address of the owner.

(d)    Before an annual license for a pet shop, commercial kennel
or dog fanciers' kennel shall be issued, and application therefor shall
be made in such form as shall be prescribed by the Department of
Inspection and Licenses.

Sec. 4. Subsection (d) of Section 76-57 of Chapter 76, title
"Animals and Fowl," of the Montgomery County Code 1965, as
amended, is hereby repealed and re-enacted, with amendments, to
read as follows:

76-57. License required; Fee, issuance.

*  * *

(e)    No license shall be issued to any person, association or
corporation for any pet shop, commercial kennel, or dog fanciers'
kennel, the location of which violates the Zoning Ordinance. If any
such establishment is required by the Zoning Ordinance for Mont-
gomery County to meet additional standards or to obtain a special