[Code. 1994, § 6-36; Ord. No. 93-1, § 122.010, 3-25-1993]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Means any nonhuman species of animal, both domestic and wild.
The term "animal," may be used to mean fish, birds, cats, dogs, reptiles,
and small animals of the rodent family.
Means any person serving as owner, manager or agent of an
owner or manager of a pet shop.
Means any person, partnership or corporation, whether operated
separately or in connection with another business or enterprise, that
acquires or breeds animals, domesticated or wild, for the purpose
of sale to the public of those animals as pets, excepting those selling
less than 12 animals a year.
[Code. 1994, § 6-37; Ord. No. 93-1, § 122.050, 3-25-1993]
All owners and operators of pet shops shall, in addition to
the other requirements of this chapter, comply with the minimum standards
of this article, and shall be subject to the regulations described
in Public Act No. 287 of 1969 (MCL 287.331 et seq.).
[Code. 1994, § 6-39; Ord. No. 93-1, § 122.040, 3-25-1993]
Any person receiving a license shall be open for business as
a retail business no more than 10 days prior to the license being
received.
[Code. 1994, § 6-40; Ord. No. 93-1, § 122.050, 3-25-1993]
(a)
Any building which is called a pet shop and houses
animals for the purpose of commerce through sale or trade shall have
adequate lighting, which shall include adequate amounts of natural
light emanating from windows and doors. Each room in such building
shall have enough adequate natural light emanating from windows and
doors so that electricity is not necessary during daylight hours.
Each room shall also have adequate electrical light to satisfy the
state electrical code.
(b)
Any building which is called a pet shop shall also
have adequate natural ventilation throughout each room so no buildup
of offensive odors may occur and so no animal is living in a foul
atmosphere.
[Code. 1994, § 6-41; Ord. No. 93-1, § 122.050, 3-25-1993]
(a)
Food. The owner shall provide at suitable intervals,
as required by MCL 287.332, a quantity of wholesome food stuff suitable
for the species and age and sufficient to maintain a reasonable level
of nutrition in each animal. The food for all animals shall be free
from contamination.
(b)
Water. There shall be available within each pet shop
hot and cold water. Fresh water for drinking purposes shall be available
to all species. Water containers shall be cleaned and disinfected
each day. All water containers shall be removable for cleaning purposes.
For purposes of this article, water is deemed to be fresh if it is
free of animal waste, food waste, and trash and/or it has not been
in the animal's water container for more than 24 hours. Constant
access to the water shall be provided for each animal. If access is
not constant, then water must be provided at least twice in a twenty-four-hour
period and remain in the animal's enclosure for at least one
hour during each interval.
[Code. 1994, § 6-42; Ord. No. 93-1, § 122.050, 3-25-1993]
(a)
Size, materials, construction and design. All cages
and enclosures are to be of a nonporous material for easy cleaning
and disinfecting. Each cage shall be of sufficient size that the animal
will have room to stand, turn, lie down and stretch out in a comfortable
normal position. The floors of all cages and enclosures shall be of
sufficient strength and design to ensure that the animal's limbs
and paws cannot pass through the floor material. Enclosures for dogs
must have nonporous resting mats or boards. Enclosures for cats must
have solid floors. Cages for birds must have perches, unless it can
be shown by the pet shop owner or operator that a perch is detrimental
to the health of a particular species of bird.
(b)
Temperature. The temperature of the area around animal
enclosures in the pet shop or wherever animals are kept shall be maintained
at the level recommended by statute.
(c)
Bedding. There shall be sufficient clean and dry bedding
to meet the needs of each individual animal.
[Code. 1994, § 6-43; Ord. No. 93-1, § 122.060, 3-25-1993]
(a)
Animal waste, food waste, soiled bedding and debris
shall be removed in a manner that will keep the enclosure or cage
clean and sanitary. This garbage shall be removed from the property
and not be allowed to accumulate to a foul smelling condition. Odorous
debris shall not be allowed to remain on the property for more than
a twenty-four-hour period.
(b)
The disposal of any animal which has died and not been
euthanized by a veterinarian shall be done by contacting the department
of animal control. The deceased animal shall be removed by the department
of animal control and a notation made in the record being kept on
that animal.
[Code. 1994, § 6-44; Ord. No. 93-1, § 122.070, 3-25-1993]
All dogs and cats shall be fed and watered every day including
Sundays and holidays. All dog and cat cages and enclosures shall be
cleaned every day including Sundays and holidays.
[Code. 1994, § 6-45; Ord. No. 93-1, § 122.080, 3-25-1993]
(a)
Each bird must have a perch of sufficient room on which
to sit. The following standards shall constitute sufficient room on
a perch per bird:
(b)
Perches in the same cage shall be placed horizontal
to each other. The cage floors and perches must be cleaned every day,
and cages must be washed and disinfected at least once per week or
when all birds have been sold from a cage or when birds are transferred
from cage to cage. Parrots and other large birds shall not be caged
with smaller birds. Only birds of the same species shall be housed
or caged together.
[Code. 1994, § 6-46; Ord. No. 93-1, § 122.080, 3-25-1993]
(a)
Hamsters, mice and other small animals. Hamsters, guinea
pigs, rabbits, mice and other small animals except puppies and kittens,
shall be housed according to the standards in MCL 287.332.
(b)
Fish, amphibians, and crustaceans. All tanks used to
house fish, amphibians and crustaceans shall be kept clean and free
of dead fish, amphibians and crustaceans. All glass of aquariums and
tanks shall be clear and maintained free of algae, unless it can be
shown by the pet shop owner or operator that the fish requires algae
as part of its diet.
(c)
Snakes, lizards and spiders. Snakes, lizards, and spiders
shall be caged or enclosed in a manner that will prevent harm or damage
to the animal and the public. Such animals shall be housed, fed and
watered according to the requirements set out in MCL 287.332. The
cages and enclosures for these animals shall be cleaned when needed.
[Code. 1994, § 6-47; Ord. No. 93-1, § 122.090, 3-25-1993]
The pet shop owner or operator shall have a written program
or plan which covers the prevention and control of disease, adequate
veterinary care, and euthanasia by a licensed veterinarian. This written
program or plan shall be established and maintained under the supervision
and assistance of a licensed veterinarian. The program or plan shall
include, but not be limited to the inspection of animals for illness
and disease, and a plan for treatment and guidelines for when and
how an animal will be humanely destroyed. The program or plan shall
state that any animal in the possession of a pet shop owner or operator,
regardless of where the animal is, shall be taken to a licensed veterinarian
within 24 hours of showing any symptoms of illness to the pet shop
owner or operator or animal health officer. Failure to provide treatment
within 24 hours shall be a violation of this article. A copy of the
program or plan shall be kept on the pet shop premises, and a copy
shall be given to the Village Clerk.
[Code. 1994, § 6-48; Ord. No. 93-1, §§ 122.010, 122.011, 3-25-1993]
(a)
Sick or diseased animals. It shall be a violation of this article for a pet shop owner or operator to sell or trade an animal which has shown physical signs of infection or communicable disease. The owner or operator shall disclose to a prospective purchaser or trader any veterinary treatment rendered to any animal. Any person who has paid for or traded for any animal shall be allowed, upon request, to view the records kept on the animals pursuant to Section 4-43.
(b)
Underage dogs and cats. It shall be a violation of
this article for a pet shop owner or operator to sell or trade a dog
or cat that is under six weeks old.
(c)
Forbidden species. The sale or trade of the following
animals shall be a violation of this article: lions, tigers, bears,
wolves, nondomesticated Felidae (animals of the cat family), monkeys
and other jungle animals, livestock, poisonous animals, or any other
animals prohibited by federal or state regulations.
[Code. 1994, § 6-49; Ord. No. 93-1, § 122.012, 3-25-1993]
(a)
Required, available for inspection. Owners and operators
of pet shops shall maintain records on all dogs, cats, and birds.
This requirement, for each animal mentioned, shall start at the time
the animal enters the store. All required records shall be maintained
and kept on file for a period of one year from the date the animal
is sold or otherwise disposed of. All required records shall be made
available for inspection upon request by the Village Council or their
designate, or any person who has purchased or traded for an animal.
(b)
Origin of animals. Owners and operators of pet shops shall keep records of the origin of all animals mentioned in Subsection (a) of this section. These records shall include the names and addresses of all consignors or sellers and the date all animals were received. Importation documents for birds or any other animal imported shall be required by the owner prior to the acquisition of the animal, and made a part of the animal's record.
(c)
Description of animals. Records describing dogs and
cats by species, age, sex, breed, and color markings shall be maintained.
(d)
Disposition of animals. Records showing disposition
of all dogs, cats and psittacine birds (parrots, parakeets, and cockatoos)
shall be maintained. These records shall include the names and addresses
of persons to whom these animals were sold or traded. If any of the
animals mentioned in this section are euthanized, the record shall
show the date and type of euthanasia and the name of the licensed
veterinarian who euthanized the animal. If a sick or diseased animal
is not euthanized, the record shall contain a statement as to why
it was not. The record shall also state how the carcasses of all animals
mentioned in this section, whether they were euthanized or not, were
disposed of.
(e)
Veterinary treatment of animals. Records of veterinary
care including treatment and immunization shall be maintained.
[Code. 1994, §§ 6-66, 6-67; Ord. No. 93-1, §§ 122.020, 122.030, 3-25-1993]
(a)
No person shall operate a pet shop unless the owner has first received a license from the state department of agriculture under the provisions of Section 3 of Public Act No. 287 of 1969 (MCL 287.333), and follows all requirements as set forth in Act 287.
(b)
Each pet shop shall be considered a separate entity
or enterprise requiring an individual license issued pursuant to and
subject to the following regulations: No person, partnership or corporation,
either operated separately or in connection with another business
or enterprise, shall operate a pet shop unless a license to operate
such an establishment or business has been granted by the Village.
[Code. 1994, § 6-68; Ord. No. 93-1, § 122.030, 3-25-1993]
An owner or operator of a pet shop must complete an application
which shall be supplied by the Village Clerk. The application, once
completed, shall contain such information as the names, addresses
and telephone numbers of the pet shop, the owner, the operator, the
name of the state licensed veterinarian the pet shop intends to use
to provide care for sick animals located in the county, the emergency
contact person and any other information the Village Council deem
necessary.
[Code. 1994, § 6-69; Ord. No. 93-1, § 122.030, 3-25-1993]
Upon completion of the application, the Village building inspector,
Village zoning inspector, electrical inspector, plumbing inspector,
and the state department of agriculture shall make an inspection of
the facility to determine whether or not the applicant is capable
of meeting the minimum standards as set forth in this article. If
necessary, due to the location of the pet shop a hearing will be held.
If it is determined that the applicant is capable of complying with
the minimum standards as set forth in this article, the Village Clerk
shall issue a license upon payment by the applicant of the application
fee as currently established or as hereafter adopted by resolution
of the Village Council from time to time. As a condition of issuance
of the license, the building inspector, zoning inspector, members
of council, and state department of agriculture shall be permitted
to inspect all animals and the premises where animals are kept during
normal business hours. In case of an emergency, such as the need to
track the source of disease, the need to check the condition of animals
after a natural or human disaster, or the need to rescue animals in
distress, an inspection shall be allowed at any time.
[Code. 1994, § 6-70; Ord. No. 93-1, § 122.030, 3-25-1993]
(a)
The license period shall begin with the fiscal year,
which begins on April 1 of each year and run for one year. A renewal
application for a license shall be submitted to the Village Clerk
by March 31 of that year. An application for a license to establish
a new pet shop may be made at any time during the year.
(b)
The license fee shall be as currently established or
as hereafter adopted by resolution of the Village Council from time
to time. The fee shall be for the fiscal year or part thereof. The
license fee shall be paid to the Village Clerk by the pet shop owner.
If there is a transfer of ownership of the pet shop during the period,
the new owner may apply for a license giving all information required.
[Code 1994, § 6-71; Ord. No. 93-1, § 122.030, 3-25-1993]
The owner or operator of the pet shop shall display the license
in a prominent place within the pet shop at all times.
[Code 1994, § 6-73; Ord. No. 93-1, § 122.030, 3-25-1993]
Failure to renew a license by March 31 of each year shall result in a penalty of $10 per day until a new license is obtained. After 30 days the owner shall be subject to penalties according to penalties set forth in Section 1-15 for operating a pet shop without a license.
[Code 1994, § 6-74; Ord. No. 93-1, § 122.030, 3-25-1993]
The Village shall have the authority to revoke a license for
violation of any ordinances set forth in this Code. The Village shall
also have the authority to revoke a license for violation of the state
construction code.
[Code 1994, § 6-75; Ord. No. 93-1, § 122.030, 3-25-1993]
The Village Council shall reinstate a revoked license after
the owner or operator complies fully with the appropriate ordinances
and pays a reinstatement fee of two times the current license fee
required in this division.
[Code 1994, § 6-76; Ord. No. 93-1, § 122.013, 3-25-1993]
(a)
The Village Council may refuse to issue or renew or
may revoke a license to operate a pet shop if after an investigation
it is determined that any one or more of the following grounds exist:
(1)
Misstatement. Material misstatement in the initial application
or the renewal application for a license which was made to induce
the Village to issue or renew a license.
(2)
Violation. Disregard or violation of the provisions of
this article.
(4)
Nonpayment of fees. Failure to obtain or maintain any
licenses needed.
(5)
Misrepresentation. Substantial misrepresentation or false
promises to the Village Council or state department of agriculture
in connection with the pet shop business or operations, as it relates
to this article.
(6)
Records. Failure to maintain proper records pursuant to
this article and/or state law.
(7)
Notice. Failure to give all notices or to provide information
as required by this article.
(8)
Inspections. Failure or refusal to allow the Village Council
or the state department of agriculture to inspect the pet shop facilities
and/or records.
(9)
Sale, trade or purchase of animals. Selling or trading
an animal in violation of this article.
