[Added 9-5-2013 by Ord. No. 62]
A. 
This article is enacted as an exercise of powers of the City of Troy to protect and preserve the public peace, health, safety and welfare. Its provisions shall be construed for the accomplishment of these purposes: protecting human health and safety and promoting the health, safety and well-being of animals cared for in pet day-care facilities.
B. 
It is the specific intent of this chapter to place the obligation of complying with its requirements upon owners and operators of pet day-care facilities and other persons designated by this chapter within its scope.
C. 
Nothing contained in this article is intended to be or shall be construed to create or form the basis for any liability on the part of the City of Troy, or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to this article to comply with this article, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this article on the part of the City of Troy by its officers, employees or agents.
Nothing in this chapter shall affect the obligation of any owner or operator of any pet day-care facility to comply with other applicable laws, rules and regulations, including, but not limited to, those governing animal care and control, building, zoning or environmental standards.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:
ESTABLISHMENT or FACILITY
Those portions of any building, yard, pen or other area at a single location in which any animals are kept or transported for the purpose of day care.
OWNER or OPERATOR
A person either owning or otherwise responsible for the operation of a pet day-care facility and, as applicable, the care and welfare of the animals present.
PET
Any companion animal commonly kept in or around the home by a private individual for pleasure or companionship, not including poultry.
PET DAY-CARE FACILITY
Any commercial facility where four or more dogs or other pet animals are left by their owners for periods of supervised social interaction in play groups with other animals of the same species for the majority of the time the pets are at the facility during the hours the facility is open.
WATER RESISTANT
That which repels water. The materials and substances considered to be water resistant materials shall be approved by the Bureau of Code Enforcement on a case-by-case basis after finding that the material is water resistant.
VECTOR
An organism capable of transmitting a pathogen, and includes insects and rodents.
ZOONOTIC DISEASE or ZOONOSIS
A disease or infection communicable from vertebrate animals to humans, including any such disease transmitted by intermediate insect vectors such as mosquitoes, fleas, or ticks.
A. 
The owner or operator of a pet day-care facility shall develop and maintain a written basic infection control plan, subject to review and approval by the Bureau of Code Enforcement, specifying the schedule for cleaning and disinfection of cages, surfaces and equipment; proper methods for handling and disposal of soiled animal bedding, litter and wastes; disinfectants to be used; and personal protective measures, including, but not limited to, gloves and handwashing, to be used by employees. The owner or operator shall ensure that the plan identifies a licensed veterinarian or veterinary practice that is routinely consulted or available for consultation on animal health, disease prevention, immunization and parasite control and includes contact information for the Bureau of Code Enforcement's duly authorized representatives.
B. 
The pet day-care facility owner or operator shall maintain the basic infection control plan on the premises and make the plan available to the Bureau of Code Enforcement for examination upon request.
A. 
The pet day-care facility owner or operator shall ensure that any dog, cat or ferret age four months or older is vaccinated against rabies as required under New York laws, Chapter 69 of the Consolidated Laws, Article 7 § 109.
B. 
The pet day-care facility owner or operator shall require that any dog aged four months or older is up to date with the bordatella vaccination to prevent "kennel cough." This vaccination should be administered at least one week before attending day care and should be renewed annually, or as recommended by a veterinarian.
C. 
The pet day-care facility owner or operator shall require that any dog aged four months or older receives parvo and distemper vaccinations at intervals recommended by a veterinarian.
D. 
The pet day-care facility owner or operator shall require that owners administer monthly parasite and heartworm medication as recommended by a veterinarian.
E. 
The pet day-care facility owner or operator shall maintain a copy of the rabies and other vaccination certificates.
The owner or operator of any pet day-care facility shall:
A. 
Have no more than 18 dogs on the premises at any one time.
B. 
Have, at a minimum, one employee per 18 dogs.
C. 
Comply with Occupational Safety and Health Administration (OSHA) guidelines and regulations and have emergency training and plans.
D. 
Provide not less than 75 square feet per dog in the indoor play area.
E. 
Have a flea prevention plan.
F. 
Have a minimum of one staff member on duty at a time that is trained in animal first aid and CPR.
G. 
Submit at the time of permit application written operating procedures, such as those recommended by the American Boarding and Kennel Association (ABKA) or the American Kennel Club (AKC). Such procedures shall be followed for the life of the business and shall prevent animal behavior that impacts surrounding uses, including excessive barking.
H. 
Show proof of proper and adequate industry appropriate property and liability insurance.
I. 
Require that all animals are licensed according to the regulations in the municipality where the pet owner regularly resides.
The owner or operator of any pet day-care facility shall, in the indoor areas of the facility:
A. 
Ensure that buildings are of adequate structure, maintained in good repair and secured in order to protect animals from injury or escape and restrict the entry of animals from outside;
B. 
Provide sufficient heating and cooling of indoor areas to maintain the ambient temperature not less than 50° F. and not greater than 80° F., except that the owner or operator shall maintain indoor temperatures consistent with the needs of the pet animals at the facility, and shall protect the animals from temperatures which may be deleterious to the animals' health;
C. 
Provide lighting, whether natural or artificial or a combination of both, sufficient for inspection of the animals, routine cleaning and proper animal care;
D. 
Provide sufficient ventilation to ensure the health and comfort of the animals and to minimize odors and moisture condensation. Fresh air may be provided by means of windows, doors, vents, fans or turbine ventilators, or by heating and cooling systems;
E. 
Floors and walls.
(1) 
Construct all floors and walls of readily cleanable and water-impervious material in indoor rooms, play areas, runs, pens, crates and cages used to retain animals and maintain all such rooms, play areas, runs, pens, crates and cages in good repair;
(2) 
Ensure that floors are designed to rapidly eliminate excess water, and that seams in flooring are designed and installed to prevent accumulation of liquids, moisture or debris; and
(3) 
Construct interior walls so that the interface with floor surfaces is sealed from the flow or accumulation of liquids, moisture or debris;
F. 
Maintain hot and cold running water conveniently available at all times, and provide a sink or tub of sufficient size for washing of equipment and utensils used in the facility, including washing and sanitizing of toys, litter pans, dishes, bowls and other food and water containers and utensils used for feeding of animals;
G. 
Provide toilet and hand-washing facilities with hot and cold running water;
H. 
Ensure that food and water containers and utensils used for mixing of food and feeding of animals are constructed of metal or other water impervious material that is readily cleanable and kept in good condition;
I. 
Provide and maintain refrigeration at 41° F. or lower for the protection of foods requiring refrigeration;
J. 
Store and prepare separately from pet food and pet medications any medications, food and beverages intended for human consumption;
K. 
Store cleaning products and disinfectants securely in areas inaccessible to animals kept at the facility;
L. 
Provide an adequately ventilated isolation area physically separated from the rest of the animals for segregation of pets that become sick, are injured or are suspected of having a contagious disease;
M. 
Ensure that any common animal play areas are of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals;
N. 
Ensure that any furnishings such as rugs, couches, mattresses or chairs contained within a common play area are made of materials that can readily be laundered with hot water and detergent or otherwise readily cleaned and sanitized, and that the furnishings are maintained in a sanitary condition;
O. 
Provide and maintain cages, crates, pens or individual runs where animals can periodically rest or sleep; and
P. 
Dispose of excreta, soiled litter, bedding, waste water and other materials by sanitary means.
The owner or operator of any pet day-care facility shall, in outdoor areas of the facility:
A. 
Provide adequate walls or fences and keep them secured and maintained in good repair to protect pet animals from injury or escape and restrict the entry of animals from outside;
B. 
Provide areas of shelter from excessive sunlight, rain, snow, wind or other elements unless animals are provided indoor facilities to protect them from adverse climate conditions;
C. 
Provide adequate drainage in outdoor areas to prevent standing water or accumulation of liquids, mud, debris, excreta or other materials. Surfaces may be made of concrete, asphalt or similar materials designed to facilitate cleaning and removal of animal wastes and debris. Natural lawn or turf may be used if well maintained with regular watering, mowing and repair, and kept free of mud or bare dirt. Alternatively, surfaces may be covered with a sufficient layer of a disposable material such as gravel or sand that can be removed when contaminated by animal excreta and periodically changed to maintain sanitary conditions; and
D. 
Dispose of excreta, soiled litter, bedding, waste water and other materials by sanitary means.
The owner or operator of any pet day-care facility shall in the primary animal enclosures including cages, pens, runs, and habitats:
A. 
Provide and maintain primary enclosures of sufficient size to allow each pet animal to turn around, exercise normal postural movements, experience or avoid socialization with cage mates and avoid overcrowding;
B. 
Maintain primary animal enclosures in good condition and repair to protect animals from injury, to contain them, to prevent entry of predators and to allow animals to stay clean and dry;
C. 
Ensure that primary animal enclosures are constructed of materials that are water resistant and can be readily cleaned and disinfected;
D. 
Maintain primary animal enclosures in a clean and sanitary condition.
The owner or operator of a pet day-care facility shall:
A. 
Maintain all areas where equipment, supplies and food for animals are stored in a clean and sanitary condition and free from insects and rodents;
B. 
Maintain all indoor and outdoor play areas, cages, pens, runs, crates, furnishings, bedding and other animal housing in a clean and sanitary condition and disinfected on a routine basis; and
C. 
Ensure that sanitation is accomplished through cleaning of surfaces and equipment to remove gross contamination, dirt and debris followed by the application of a safe and effective disinfectant product.
A pet day-care facility owner or operator shall, for animal health, care and disease prevention:
A. 
Provide proper food and potable water to the animals, according to the needs of the species;
B. 
Sick or injured animals.
(1) 
Immediately separate sick or significantly injured animals and those suspected of having a contagious disease from those appearing healthy and normal;
(2) 
Keep animals suspected of having a contagious disease in a designated separation area in order to avoid exposure to other animals or people; and
(3) 
Ensure that only designated staff trained in infection control procedures as set forth in the basic infection control plan required under this chapter attend to animals held in the designated separation area, and that sick and injured animals and those suspected of having a contagious disease are released to their owners or receive veterinary care as soon as possible after the illness or injury is discovered;
C. 
Before admission of a dog four months of age or older, obtain a copy of a valid rabies certificate or other verification from a licensed veterinarian, or written acknowledgment from the pet owner, that the animal is currently immunized against rabies in accordance with New York laws, Chapter 69 of the Consolidated Laws, Article 7 § 109.
D. 
At all times that animals are allowed to commingle for the purposes of play or exercise, ensure that there is direct supervision by a sufficient number of trained employees responsible for the management of the playgroup. For the purpose of this Subsection D, the viewing of animals by video camera does not qualify as direct supervision of pets in commingled groups. Direct supervision includes:
(1) 
Maintaining a person in charge present at all times that any pet animal is present at the establishment;
(2) 
Maintaining the presence of a sufficient number of employees equipped to immediately remove animal feces, urine or other bodily fluids followed by cleaning and disinfection of any soiled area; and
(3) 
Limiting the number of animals that may be maintained in a common play area in order to prevent overcrowding and reduce the risk of zoonotic disease transmittal.
A. 
The owner or operator of a pet day-care facility shall maintain written records as applicable and as described in this section. The owner or operator shall include the following information in the written records:
(1) 
Dates of attendance;
(2) 
Owners address and telephone number;
(3) 
Type of animal, including breed;
(4) 
Animal's name;
(5) 
Copies of the rabies and other vaccinations certificates;
(6) 
Dates of any bite inflicted by the animal to another animal or human, or animal bite received by the animal at the facility; and
(7) 
Any illness or injury requiring the animal to be placed into the isolation area or removed from the premises for veterinary care.
B. 
The owner or operator of any pet day-care facility shall maintain at the establishment all written records required by this section for not less than two years after the date of release of the animal from the establishment, and make all such records available to the Bureau of Code Enforcement for examination upon request.
The pet day-care facility owner or operator shall immediately discontinue operations and notify the Bureau of Code Enforcement upon receiving notice of an emergency at the facility such as fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent zoonotic disease outbreak, gross insanitary occurrence or condition or other circumstance that may endanger public health, except that the pet day-care facility owner or operator is not required to discontinue operations in an area of an establishment that is unaffected by the emergency.
A. 
Per § 285-16 of the Troy City Code, the pet day-care facility owner or operator shall apply for a pet day-care facility permit and certificate of occupancy with the Bureau of Code Enforcement.
B. 
The plans for the pet day-care facility shall go before the Zoning Board of Appeals and the Planning Commission.
C. 
The pet day-care facility owner or operator shall include the following information in the plans and specifications:
(1) 
Types of animals kept or served at the facility, including types and quantities of foods stored and provided for the animals;
(2) 
Proposed hours of operation;
(3) 
Proposed number of animals and the ratio of staff to animals;
(4) 
Proposed indoor and outdoor facility layout, including mechanical equipment, heating, lighting, plumbing, provisions for isolation room or area and construction schedule;
(5) 
Description of and types of material used for walls, floors, fencing, kennels, runs, animal enclosures and sinks, and dimensions of any animal enclosures;
(6) 
Description of types of waste disposal, sewage disposal and indoor and outdoor animal waste disposal; and
(7) 
Other information the Bureau of Code Enforcement may require for review of the proposed construction, conversion or remodeling ensuring compliance with this chapter.
A pet day-care facility permit applicant or permit holder shall submit to the Bureau of Code Enforcement a plan review application, including completed plans and specifications, before a pet day-care facility is constructed or an existing structure is converted for use as a pet day-care facility. If an existing pet day-care facility is being remodeled, the owner or operator shall notify the Bureau of Code Enforcement of the proposed remodel and shall submit to the Bureau of Code Enforcement a completed plan review application if the Bureau of Code Enforcement determines that review of plans and specifications is necessary to ensure compliance with this chapter.
A. 
It is unlawful to maintain or operate a pet day-care facility without a Certificate of Occupancy and a valid pet day-care facility permit issued by the Bureau of Code Enforcement. Each permit is valid only for the location or establishment and owner for which it is issued. A separate permit shall be obtained for each separate pet day-care facility establishment or location.
B. 
It is the obligation of the pet day-care facility owner or operator to schedule the annual inspection with Bureau of Code Enforcement.
C. 
The inspection fee is $25.
D. 
After presenting identification credentials, the Bureau of Code Enforcement is authorized to enter and conduct inspections of any pet day-care facility during normal business hours, hours of operation and other reasonable times to determine compliance with and enforce this chapter, including the conditions of a permit or variance. The facility owner or operator shall allow the Bureau of Code Enforcement to enter and inspect the establishment, and the establishment's records required to be maintained under this chapter, to determine compliance with and enforce this chapter, including the conditions of a permit or variance. The Bureau of Code Enforcement is also authorized to enter any pet day-care facility for the purpose of providing information and education to facility personnel, including written materials and consultation on good sanitation practices and methods to prevent the spread of zoonotic disease. The Bureau of Code Enforcement may request the assistance of the City of Troy Animal Control Officer and/or the Mohawk Hudson Humane Society in its annual inspection.
E. 
Each pet day-care facility operating permit is an annual permit and shall expire on the date established by the Bureau of Code Enforcement.
F. 
The Bureau of Code Enforcement shall document on an inspection form:
(1) 
Administrative information about the pet day-care facility name, location, name of owner or operator, inspection date and permit status;
(2) 
The Bureau of Code Enforcement's inspection findings, including factual observations of violations, nonconformance with this chapter or other substandard conditions that require correction by the permit holder;
(3) 
Failure of any owner, operator or employee of the pet day-care facility to allow the Bureau of Code Enforcement access to the premises, or to the facility's records, for purposes of determining compliance with and enforcing this chapter;
(4) 
Notification of any violations requiring correction, including the time frame for completing the corrections;
(5) 
Notification that an opportunity for an office conference to review the inspection findings will be provided if a written appeal of the inspection report is submitted to the Bureau of Code Enforcement within 10 days following the date of the inspection; and
(6) 
Other information the Bureau of Code Enforcement deems necessary to include on the inspection report.
(7) 
The pet day-care facility may remain in operation pending correction of findings in a prompt manner.
G. 
At the conclusion of the inspection, the Bureau of Code Enforcement shall furnish the owner or operator of the pet day-care facility a duplicate of the completed inspection report.
H. 
When the pet day-care facility has passed the inspection, a certificate shall be issued. Certificates are the property of the Bureau of Code Enforcement. The pet day-care facility owner or operator shall display each certificate issued under this chapter conspicuously in the establishment for which it is issued unless the permit is expired or is suspended or revoked. The owner or operator shall remove from display any expired, suspended or revoked certificate.
The Bureau of Code Enforcement is authorized to enforce this chapter and to adopt rules consistent with this chapter for the purpose of carrying out and enforcing its provisions. The Bureau of Code Enforcement is also authorized to request the assistance of the appropriate animal control or law enforcement authority in carrying out and enforcing this chapter, and to report animal abuse, cruelty or neglect to the animal control or law enforcement authority.
A. 
It is unlawful for any owner, operator or employee of a pet day-care facility to fail to comply with this chapter or any order of the Bureau of Code Enforcement issued to carry out or enforce this chapter.
B. 
The penalty for noncompliance with this chapter is the revocation of the certificate of occupancy.