1. Commercial Permits: It shall be unlawful for any person to operate or maintain a pet shop, veterinary clinic or hospital unless such person first obtains a regulatory permit from the department of animal control, in addition to all other required licenses. All applications for permits to operate such establishments shall be submitted, together with the required permit fee, on a printed form provided by the animal control department to that department. Before the permit is issued, approval shall be granted by the appropriate zoning authority and the animal control department.
2. Display Of Permit: A valid permit shall be posted in a conspicuous place in each establishment, and said permit shall be considered as appurtenant to the premises and not transferable to another location. The permittee shall notify the department of animal control within thirty (30) days of any change in his establishment or operation which may affect the status of his permit. In the event of a change in ownership of the establishment, the permittee shall notify the department of animal control immediately. Permits shall not be transferable from one owner to another.
3. Renewal Of Permit: Any permit issued pursuant to this section shall automatically expire on June 30 immediately following the date of issue. Within two (2) months prior to the expiration of the permit, the permittee shall apply for a renewal of the permit and pay the required fee. Any application made after June 30, except an application for a new establishment opening subsequent to that date, shall be accompanied by a late application fee in addition to the regular permit fee. (Ord. 87-1, 9-8-1987)
4. Permit Fees: Permit fees for pet shops, veterinary clinics or hospitals shall be in such amounts as established by resolution of the city council. (Ord. 87-1, 9-8-1987; amd. 2004 Code)
5. Exemptions: Research facilities where bona fide medical or related research is being conducted, humane shelters, and other animal establishments operated by state or local government or which are licensed by federal law, are excluded from the licensing requirements of this chapter.
6. Inspections: All establishments required to be permitted under this chapter shall be subject to periodic inspections, and the inspector shall make a report of such inspection with a copy to be filed with the animal control department.
7. Standards For Permitted Establishments:
1. The city council or governing body shall promulgate rules and regulations governing the operation of pet shops, veterinary clinics or hospitals. Such rules and regulations shall provide for the type of structures, buildings, pens, cages, runways or yards required for the animal sought to be kept, harbored or confined on such premises; the manner in which food, water and sanitation facilities will be provided to such animals; measures relating to the health of said animals, the control of noise and odors, and the protection of persons or property on adjacent premises; and other such matters as the director shall deem necessary.
2. Such rules and regulations shall have the effect of law, and violation of such rules and regulations shall be deemed a violation of this chapter and grounds for revocation of a permit issued by the department of animal control.
8. Suspension Or Revocation Of Permit:
1. Grounds: A permit may be suspended or revoked or a permit application rejected on any one or more of the following grounds:
1. Falsification of facts in a permit application.
2. Violation of any of the provisions of this chapter or any other law or regulation governing the establishment, including noise, building and zoning ordinances.
3. Conviction on a charge of cruelty to animals.
2. Procedure: If an inspection of pet shops, veterinary clinics or hospitals reveals a violation of this chapter, the inspector shall notify the permit holder or operator of such 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 with the provisions of this chapter may result in immediate suspension of the permit.
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 department of animal control within five (5) days of the date of the notice.
3. Revocation Or Suspension: Any permit granted under this chapter may be suspended or revoked for violations listed in subsection H1 of this section. A minimum of five (5) days' notice shall be given to the permittee advising him of the date and time for such hearing, and listing the cause or causes for such suspension or revocation. No new permit shall be issued to any person whose permit has been previously revoked except upon application for a new permit, accompanied by the required application fee, and unless and until all requirements of this chapter have been met.
4. Emergency Suspension: Notwithstanding the other provisions of this chapter, when the inspecting officer finds unsanitary or other conditions in the operation of veterinary clinics, hospitals or pet shops, 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 condition specifying the corrective action to be taken. Such order may 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 therewith. Any animals at such a facility may be confiscated by the animal control department and impounded or otherwise provided for according to the provisions of this chapter.
5. Notice Deemed Served: Notice 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 such notice has been sent by certified mail to the last known address of the permit holder. A copy of such notice shall be filed with the records of the department of animal control. (Ord. 87-1, 9-8-1987)