Over the course of 2021 and into 2022, City officials have received numerous complaints regarding Ms. Prentiss’s property stemming from noise (barking dogs) and odor (feces) emanating from her property. Largely based upon these complaints, the City declined to issue Ms. Prentiss a noncommercial kennel license for 2022. Ms. Prentiss’s attorney was informed on or about January 13, 2022 that the license was not going to be issued for several reasons, including that Ms. Prentiss’s operation was, upon review, in violation of the City’s zoning code. Her property is located in the B residence zone, and a kennel is not a permitted use in that zone. Ms. Prentiss’
attorney filed for and obtained a writ of mandamus compelling the Clerk to issue the license. Subsequently, the City complied with the Judge’s order and issued her a license; however, following City code, the City has temporarily suspended that license pending a hearing before the Mayor because a kennel is not a permitted use in the residential zone where she resides. After a hearing on February 28, 2022, pending reassignment of the cases to a different Judge, the temporary 15-day suspension and the hearing scheduled for March 3, 2022 are both stayed.
The City of Weiser does not doubt that Ms. Prentiss has her heart in the right place and that she cares deeply for animals. But currently, Ms. Prentiss has represented that she has nine dogs on her property in a residential zone. The City also has an obligation to uphold the City Code, and the desires of one citizen, regardless of how well-intended those desires may be, do not take precedence over the rights of other citizens to enjoy their own property.
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