§ 14-39. Commercial animal establishments generally.

(a)

Standards for operation and treatment of animals. Any person operating a commercial animal establishment shall keep and maintain the animals, and all structures, pens or yards, tanks, ponds or other holding areas in which the animals are kept, in such a manner as to prevent a nuisance or health hazard to humans and to avoid injury and illness to these animals. All holding areas must be properly sanitized so as to keep the animals enclosed therein free of diseases. All such animals shall be provided with a constant supply of wholesome food and water, or, in lieu of this, the proprietor shall prominently and publicly post and shall follow a schedule for adequate feeding and watering. A schedule shall also be posted for cleaning and maintaining cages and other holding areas at the facility. Any animal that is infected or diseased with an infectious agent shall be immediately isolated in such a manner as to prevent spread of disease to any other healthy animals, and it shall be treated immediately to prevent further condition deterioration, or euthanized, and if the owner or keeper fails or refuses to provide for such treatment or euthanasia the supervisor of animal health and public safety may remove each such animal to the municipal animal shelter for disposition as provided by this chapter. Any person operating a retail commercial animal establishment shall not sell or offer for sale any dangerous or prohibited animal as defined by section 14-9. Retail commercial animal establishments shall not sell any reptiles, offer any reptiles for sale, or offer any reptiles as a gift or promotional consideration unless a notice regarding the public health risks of salmonellosis from such animals and safe-reptile handling practices is prominently posted or displayed at each location in the establishment where the reptiles are displayed, housed or held. Only such notices that are prepared and distributed by the city health department shall be considered as in compliance with this requirement. In addition, every patron that purchases, is given, or otherwise receives a reptiles from a commercial retail establishment shall be given a flyer on salmonellosis and reptiles that are prepared by the health department.

(b)

Permit.

(1)

Required; application.

a.

All commercial animal establishments operated and located within the city must obtain a permit from the supervisor of animal health and public safety. This permit is a prerequisite to the issuance of an occupational license for such establishment. All permits issued under this section must be renewed annually. Application forms therefor shall be provided by the supervisor.

b.

Permit applications for commercial animal establishments in business prior to December 1, 1990, must be submitted to the supervisor of animal health and public safety no later than November 1, 1991.

c.

Permit applications for commercial animal establishments commencing business on December 1, 1990, or thereafter must be submitted to the supervisor of animal health and public safety.

d.

When an application for a permit is received, the supervisor of animal health and public safety shall issue a receipt therefor authorizing operation on a provisional basis until an inspection of the premises can be made and the processing of the permit completed.

e.

The date of the issuance of the permit shall become the anniversary date of the applicant for the purpose of annual renewal.

(2)

Prerequisites for issuance. A permit shall not be issued unless:

a.

The applicant provides the complete information requested on the application form, including but not limited to the names of the owner and applicant, the type of business proposed, previous business of the applicant of the same or similar nature operated, background, qualifications and experience of the applicant or operator, and any other information required for the supervisor to make an objective judgment as to whether the applicant is qualified to operate the business in a safe and humane manner.

b.

The applicant provides proof that the establishment meets zoning, building and fire code requirements.

c.

The applicant provides an adequate written program of veterinary care outlining inoculation, worming and other necessary care, treatment or euthanasia to prevent the exchange, barter, sale, rental or hire of such animals which are diseased or unfit.

(3)

Inspections. Prior to authorizing a new permit or renewing an existing permit, the supervisor will inspect the proposed or existing business premises as to their suitability for their intended use. Such inspection will include but shall not be limited to holding areas, primary enclosures, waste disposal methods, food and bedding, vermin control, heating and ventilation, and isolation facilities. All such facilities where animals are kept are subject to comply with the needs of animals as outlined in section 14-16. Such permit shall not be renewed unless the supervisor of animal health and public safety finds that the permit holder has operated his or her business in a safe and humane manner in the previous permit period.

(4)

Denial or revocation; appeals. It shall be grounds for permit revocation or denial for an owner, proprietor, manager or employee to fail to meet the standards set forth in subsection (a) of this section, to falsify information requested in the application, or to refuse or deny access to any animal health and public safety officer for the purposes of inspection or complaint investigation with reference to granting, renewing, suspending or revoking a commercial animal establishment permit. The supervisor of animal health and public safety shall make any denial, suspension or revocation of a permit in writing to the applicant or permit holder, stating the reasons for such action. The applicant or permit holder shall have ten days after receipt of such denial, suspension or revocation in which he may appeal from such denial, suspension or revocation to the director of neighborhood and community services, and the director, or the director's assistant if designated, shall conduct a hearing and make findings in such fashion that the result of such hearing may be appealed on the record to the circuit court. Appeal by a permit holder shall stay suspension or revocation of the permit pending final disposition of the appeal

(Code of Gen. Ords. 1967, § 6.37; Ord. No. 48707, 6-22-78; Ord. No. 65201, 3-1-90; Ord. No. 900397, 9-6-90; Ord. No. 951372, § 1, 11-9-95; Ord. No. 010616, § 1, 5-10-01; Ord. No. 060086, § 1, 2-2-06)

Cross reference

Licenses and miscellaneous business regulations, ch. 40.