The City declares it to be conducive to the promotion of the
health and general welfare of the inhabitants of the City to require
a professional animal care permit to operate a kennel, grooming parlor,
pet shop or shelter, and to impose certain regulations and inspection
fees on those engaged in operating, maintaining or owning a kennel,
grooming parlor, pet shop or shelter.
A.
Persons operating kennels, grooming parlors, pet shops or shelters
shall obtain a professional animal care permit from the Director.
It shall be unlawful to operate a kennel, grooming parlor, pet shop
or shelter without a current valid professional animal care permit.
B.
When a permit is applied for, an inspection of the kennel, grooming
parlor, pet shop or shelter shall be conducted by the Director to
determine compliance with this chapter. If inspection reveals that
the premises comply with the law and regulations, a professional animal
care permit will be issued. Said permit is only valid for the approved
premises. Permittees who keep animals confined shall, at the option
of the permittee, be exempt from the animal license requirements of
this chapter and will not be issued any license tags unless the required
animal license fee is paid.
C.
Permits are not transferable from one person to another person or
place. A valid permit shall be posted in a conspicuous place in every
kennel, grooming parlor, pet shop or shelter.
D.
A permit holder shall notify the Director of any change in his operations
which may affect the status of his permit and shall keep the Director
informed of any change in the name or location of his business.
E.
Persons in charge of a kennel, grooming parlor, pet shop or shelter
shall be responsible for complying with this chapter. There shall
be kept at each kennel, grooming parlor, pet shop or shelter a record
of all animals received and of their final disposition.
F.
The professional animal care permit shall expire December 31 of each
calendar year and shall be renewed by February 1 of the following
year. New professional animal care permits, but not a renewal, shall
be issued with professional animal care permit fees pro rated on a
semiannual basis. Professional animal care fees shall be established
by the Director and approved by the governing body of the City.
A.
Animal housing facilities shall be constructed of nontoxic materials
and in a structurally sound design. Interior floors shall be of a
smooth, easily cleanable construction and impervious to water. The
facility shall be kept in good repair and kept clean and sanitary
at all times so as to protect the animals from disease and injury.
B.
Animals maintained in pens, cages or runs for periods exceeding 24
hours shall be provided with adequate space to prevent overcrowding
and to maintain normal exercise, according to species.
C.
Indoor housing shall be provided for in all pet shops, grooming parlors,
shelters and commercial kennels. These facilities shall be sufficiently
temperature-controlled and ventilated to provide for the animals'
comfort and health.
D.
Sufficient lighting shall be provided by either artificial or natural
means.
E.
Outside housing shall be sufficient to protect animals from sunlight,
rain, snow or cold weather that may be detrimental to the animal's
health.
F.
Provisions shall be made for the removal and proper disposal of animal
and food waste, bedding, dead animals and debris.
G.
Adult animals shall be segregated by sex, except where otherwise
indicated for health, welfare or breeding purposes, and vicious or
quarantined animals shall be removed and caged by themselves.
H.
Animals shall be provided with clean, fresh, sufficient and wholesome
food and water. Food and water containers shall be kept clean.
I.
Each animal shall be observed daily by the animal caretaker in charge
or his representative. Sick, diseased, injured, lame or blind animals
shall be provided with proper veterinary care. Any person operating
or employed at a kennel, grooming parlor, pet shop or shelter who
observes an animal which he suspects of being rabid shall at once
notify the Director and the State Department of Health and Environment
and segregate such animal for a period of 10 days, unless examined
and released by written statement of a veterinarian and then only
at the discretion of the Director.
The Director or his duly appointed agent shall be permitted
to enter, at any reasonable time, any kennel, grooming parlor, pet
shop or shelter for the purpose of making inspections to determine
compliance with this chapter. The Director shall make as many inspections
and reinspections as necessary for the enforcement of this chapter.
A.
If the Director makes an inspection of a kennel, grooming parlor,
pet shop or shelter and discovers a violation of this chapter, he
shall notify the permit holder, or operator, of the violation by means
of an inspection report form or other written notice. The notification
shall:
(1)
Set forth the specific violation found;
(2)
Establish a specific and reasonable period of time for the correction
of the violation found;
(3)
State that failure to comply with any notice issued in accordance
herewith may result in immediate suspension of the permit; and
(4)
State that an opportunity for appeal from any notice or inspection
findings will be provided if a written request for a hearing is filed
with the Director within five days.
B.
Notices provided for under this section shall be deemed to have been
properly served when the original of the inspection report form or
other notice has been delivered personally to the permit holder or
person in charge, or the notice has been sent by registered or certified
mail, return receipt requested, to the last known address of the permit
holder. A copy of the notice shall be filed with the records of the
animal control center.
C.
Permits may be suspended temporarily by the Director for failure
of the holder to comply with the requirements of this chapter or other
applicable laws or regulations. Whenever a permit holder or operator
has failed to comply with any notice issued under the provisions of
this chapter, the permit holder or operator shall be notified in writing
that the permit is, upon service of the notice, immediately suspended
and that an opportunity for a hearing will be provided if a written
request for a hearing is filed with the Director by the permit holder.
Notwithstanding the other provisions of this chapter, when the Director
finds unsanitary or other conditions in the operation of a kennel,
grooming parlor, pet shop or shelter, which, in his judgment, constitute
a substantial hazard to public health, he may, without warning or
hearing, issue a written notice to the permit holder or operator,
citing such conditions and specifying the corrective action to be
taken. If deemed necessary, the order shall state that the permit
is immediately suspended and all operations are to be immediately
discontinued. Any person to whom such an order is issued shall comply
immediately.
D.
For serious or repeated violations of any of the requirements of
this chapter, or for interference with the Director in the performance
of his duties, the permit may be permanently revoked after an opportunity
for a hearing has been provided by the Director. Prior to such action,
the Director shall notify the permit holder, in writing, stating the
reasons for which the permit is subject to revocation and advising
that the permit shall be permanently revoked at the end of five days
following service of such notice, unless a request for a hearing is
filed with the Director by the permit holder within the five-day period.
A permit may be suspended for cause pending its revocation or a hearing
relative thereto.
A.
The hearings provided for shall be conducted by the City Manager
at a time and place designated by him. Based upon the record of the
hearing, the City Manager shall make a finding, and shall sustain,
modify or rescind any official notice or order considered in the hearing.
The actions of the City Manager may be appealed to the governing body.
A written report of the hearing decision shall be furnished to the
permit holder by the Director. This subsection shall not preclude
the City from instituting court action, as otherwise provided by law.
B.
Any person whose permit has been suspended may, at any time, make
application for an inspection for the purpose of reinstatement of
the permit. Within five days following a request for reinstatement,
the Director shall make an inspection. If the applicant is complying
with the requirements of law and regulations, the permit may be reinstated.
