[Ord. No. 14-2009, § 31, 10-26-2009]
(a)
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
(1)
ANIMAL — Any living vertebrate, domestic or wild, except
a human being.
(2)
DISINFECTANT — An agent, usually a chemical, that kills
growing forms, but not necessarily resistant spore forms, of disease-producing
microorganisms.
(3)
DISINFECTING — The act of destroying infectious agents.
(4)
HUMANE OFFICER — Any person appointed by the Village as
a humane enforcement officer who is qualified to perform duties of
animal control as provided by the laws of the state and the Village.
(5)
PET — Any animal kept for pleasure rather than utility.
(6)
PET SHOP — Any person, partnership or corporation, whether
operated separately or in connection with another business enterprise
that sells, offers to sell, exchanges, or offers for adoption with
or without charge or donation dogs, cats, birds, fish, reptiles, or
other animals customarily obtained as pets. However, a person who
sells only such animals that he has produced and raised shall not
be considered a pet shop under this section and a veterinary hospital
or clinic operated by a licensed veterinarian or veterinarians shall
not be considered a pet shop under this section.
(7)
PET SHOP OPERATOR — Any person who sells, offers to sell,
exchanges, or offers for adoption with or without charge or donation
dogs, cats, birds, fish, reptiles, or other animals customarily obtained
as pets. However, a person who sells only such animals that he has
produced and raised shall not be considered a pet shop operator under
this section and a veterinary hospital or clinic operated by a licensed
veterinarian or veterinarians shall not be considered a pet shop operator
under this article.
(b)
Sale or release of certain animals restricted.
(1)
Animal unfit for sale or release. The following shall deem an
animal unfit for sale or release:
a.
Obvious signs of infectious disease such as distemper, hepatitis,
leptospirosis, rabies, para influenza (kennel cough) or other similar
diseases.
b.
Obvious signs of nutritional deficiencies, which may include
rickets, emaciation, etc.
c.
Obvious signs of severe parasitism.
d.
Obvious fractures or congenital abnormalities affecting the
general health of the animal.
e.
Skin diseases such as ringworm or fungus.
(2)
Restriction of sale. The Humane officer or other appropriate
Village official may restrict the sale of any animal suspected of
being diseased or otherwise unfit for sale. An examination by a veterinarian,
at the expense of the enforcement agency, may be requested.
(c)
Purchase, keeping or sale of endangered or dangerous species. No
pet shop shall engage in the purchase, keeping or sale of any species
of primates, bats, foxes, raccoons, skunks, turtles, turtle eggs,
poisonous snakes, or any species of animal considered "endangered"
or considered a public health hazard by the U.S.D.A. or the Food and
Drug Administration, unless licensed by federal permit issued for
the sale of endangered species.
(d)
Pet shop permit.
(1)
Required. No person, party, firm or corporation shall operate
a pet shop without first applying for and obtaining a permit in compliance
with the Village code. Application for any permit required under this
section shall be made on a form provided by the Village Clerk. The
Village Clerk, in conjunction with the humane officer, shall determine
the contents of the application. Applications for permits shall be
submitted to the Village Clerk along with the appropriate fee. Applications
will be reviewed for compliance with this section.
(2)
Issuance. When all applicable provisions of this section have
been complied with by the applicant and a valid occupancy permit for
this type of business has been issued by the Village Building Inspector,
the Village's finance/legal/License Committee shall review the application
and shall approve the permit if this section's requirements are met,
the Village Clerk shall issue any approved permit to operate.
(e)
Term. The permit period for a pet shop shall be from July 1 until
June 30 of the following year. Renewal applications for pet shop permits
shall be made not later than May 30th of each year. Application for
a permit to establish a new pet shop under the provisions of this
section may be made at any time.
(f)
Permit and inspection fees; examination fees. The initial annual
permit and the renewal fees for each pet shop shall be set by resolution
of the Village Board from time-to-time. Application for a renewal
permit made after June 30 for the following calendar year shall be
assessed a late fee of $15. If there is a change in ownership of a
pet shop, the new owner may request that the current permit be transferred
to the new name upon payment of a transfer fee of $10 and review by
the finance/legal/License Committee. Inspection and Examination Fees
shall be set by resolution of the Village Board from time-to-time.
(g)
Display of permit. The current permit issued under this section must
be prominently displayed at the permitted premises.
(h)
Enforcement.
(1)
Notice of violation. Whenever the humane officer or other appropriate
Village official, upon inspection, is aware of any violation of this
section, the permittee shall be notified by means of a written notice
of inspection. This notice of inspection shall contain references
to the specific conditions found, the corrections necessary, and a
specific and reasonable time for compliance.
(2)
Service of notice. Each notice or order provided under this
section will be considered to have been properly served when it has
been delivered personally, or when it has been mailed, postage prepaid,
by first-class mail with return receipt requested, to the permit holder.
(3)
Suspension/revocation of permit. If, at the end of the period
specified in the notice served under Subsection (h)(2) of this section,
a reinspection by the humane officer or other appropriate Village
official reveals that corrections have not been made, the humane officer
or other appropriate Village official shall give the permit holder
notice in writing that it intends to suspend or revoke the permit.
(4)
Appeal of suspension/revocation order. Any permit holder who
has received a notice of intention to suspend or revoke the pet shop
permit may, within 30 days after service of this notice, demand a
hearing before the Village's finance/legal/License Committee. Enforcement
of any order issued by the humane officer or other appropriate Village
official, and any proceedings to suspend the permit, shall be stayed
pending decision of the committee.
(5)
Hearing. The finance/legal/License Committee shall conduct the
hearing on any appeal filed by a permit holder under this section.
At the conclusion of such a hearing, the committee may sustain, modify
or withdraw the notice or order, depending upon its findings as to
whether the provisions of this section have been complied with. The
finance/legal/License Committee may also modify any order so as to
authorize a variance from the provisions of this section if a literal
enforcement of these provisions will result in practical difficulty
or unnecessary hardship because of special conditions. If the committee
sustains or modifies a notice or order, the permit holder shall comply
with all provisions of the order within a reasonable period of time,
as determined by the committee. If the committee upholds a notice
of intention to suspend or revoke any permit required by this section,
then that permit shall be suspended or revoked as of the date of the
hearing, until all provisions of the order are fulfilled. Any subsequent
appeal shall be pursuant to Title 4 of this Code.
(i)
Inspections. Inspection of the premises and animals of a permit holder
under this section to determine compliance with this section may be
made by the humane officer or other appropriate Village official or
authorized agents during normal business hours or with reasonable
notice during nonbusiness hours. Any applicant for a permit under
this section consents to such inspections. The right of entry, inspection
and examination shall include the right to take photographs, obtain
biological samples and remove ill or injured animals from the premises
for treatment and evidence. The permit holder shall be responsible
for the costs of all inspections and examinations and shall pay any
fees for such inspections and examinations within 10 days of notice
of the costs and fees. A failure to pay shall be a reason to suspend
or revoke the permit. The Village may pursue all remedies available
at law and equity for collection of such costs and fees owed to it.
(j)
Operator requirements.
(1)
Record of sale. Each permit holder under this section shall
keep accurate records of each dog, cat or bird sale for a minimum
period of 12 months after the date of sale or transfer of such animal,
and shall include the source of such animal, date of sale, description,
approximate age, sex of animal sold, and the name and address of purchaser.
Records of sales of small mammals and fish are not required.
(2)
Record of prophylactic medication and immunization. A record
of prophylactic medication and immunization, the type, amount and
date of each, shall be kept by the permit holder under this section
and shall become a part of the retail sales record.
(3)
Dogs, cats and ferrets to be immunized against rabies. No pet
shop operator shall sell or offer for sale any dog, cat or ferret
five or more months old unless the animal has been vaccinated against
rabies by use of an approved live, attenuated rabies virus vaccine
administered by a licensed veterinarian.
(4)
Reasonable care. Each permit holder under this section shall
take reasonable care to release for sale, trade or adoption only those
animals which are free of disease, injuries or abnormalities. A health
certificate issued by a licensed veterinarian for any such animal
within 30 days before such sale, trade or adoption is prima facie
evidence that the permit holder has taken reasonable care as required
by this section.
(5)
Statutory compliance. Full compliance with the provisions of
Wis. Stats. Ch. 951, shall be mandatory.
(k)
Written statement required for purchase. The permit holder under
this section shall furnish the purchaser with a written statement
at the time of sale. The statement shall show:
(1)
Date of sale.
(2)
Name, address and telephone number of both permit holder and
purchaser.
(3)
Breed, description and approximate age, if dog or cat.
(4)
Prophylactic medication and immunizations and dates administered;
if none, so state.
(5)
Internal parasite medication and date administered; if none,
so state.
(6)
Guarantee, if offered; if none, so state.
(l)
Standards. All pet shops selling animals, birds and fish as pets
shall, in addition to the other requirements of this section, comply
with the following standards. Failure to meet these standards shall
be grounds for denial, suspension or revocation of a permit:
(1)
All animals, birds or fish shall be displayed in a healthy condition,
or, if ill, removed from display and shall be given appropriate treatment
immediately.
(2)
All the animals shall be quartered, and the quarters in which
the animals are kept shall be maintained in a clean condition and
in a good state of repair.
(3)
The room temperature of the pet shop shall be maintained at
a level that does not present a health hazard to any species of animal
kept in the shop.
(4)
There shall be sufficient, clean, dry bedding to meet the needs
of each individual animal. Litter and/or bedding material shall be
changed at least daily and there shall be adequate ventilation to
prevent an odor nuisance.
(5)
Feces shall be removed from pens and enclosures at least daily,
or more frequently if necessary to prevent unsanitary conditions and
odor nuisance, and stored in tightly covered containers until final
disposal.
(6)
All cages and enclosures are to be of a nonporous material for
cleaning and disinfecting and shall have secure latches in good repair.
Each cage must be of sufficient size that the animal will have room
to stand, turn and stretch out to its full length. Cages will be cleaned
every day, including Sundays and holidays.
(7)
The floor and walls of any room in which animals are kept shall
be covered with impervious, smooth, cleanable surfaces. The floors
and walls shall be cleaned and disinfected as often as necessary to
prevent an odor nuisance.
(8)
The premises shall be kept free of insect and rodent infestations.
Food supplies shall be stored in rodentproof containers.
(9)
There shall be available hot water for washing cages. Fresh
drinking water shall be available to all species at all times. All
water containers shall be mounted so that the animal cannot easily
turn them over and shall be removable for cleaning.
(10)
Food for all dogs and cats shall be served in a clean dish,
so mounted that the animal cannot readily tip it over or defecate
or urinate in such dish.
(11)
Adult dogs and cats shall be fed at least once a day. In the
case of young dogs and cats, they shall be fed more than once daily.
All other animals and birds must be fed and watered according to the
accepted procedure for that species.
(12)
The permittee or its representative shall be present for general
care and maintenance of animals at least once daily.
(13)
Shade is required. Shade from the direct rays of the sun shall
be provided for all animals.
(14)
Each bird must have sufficient room to sit on a perch. Perches
shall be placed horizontally to each other in the same cage. Cages
must be cleaned every day and cages must be disinfected when birds
are sold. Parrots and other large birds shall have separate cages
from smaller birds.
(15)
Cats shall be provided with litter pans at all times. The pans
shall be cleaned and sanitized at least once daily, or more often
if necessary.
(16)
Any permit holder offering medication with the sale of an Animal
shall take steps to ensure that such medication is properly labeled
for ease of identification, should it be accidentally ingested.
(m)
Penalty. Any person who violates any provision of this section shall
upon conviction be subjected to a forfeiture of not less than $300
or more than $1,000 for each violation, and in addition, shall pay
the costs and expenses of prosecution. Each day such violation continues
shall be considered a separate offense.
