[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:
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.
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.
Any companion animal commonly kept in or around the home
by a private individual for pleasure or companionship, not including
poultry.
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.
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.
An organism capable of transmitting a pathogen, and includes
insects and rodents.
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.
