(a) It shall be unlawful for any person to enter the animal services
property or an animal services vehicle without permission of the animal
services employee.
(b) It shall be unlawful for any person to damage the animal control
building or injure any animals confined therein, without permission
from the animal services officer or designee.
(c) It shall be unlawful for any person to remove, alter, damage or otherwise
tamper with any of the animal control division's equipment without
permission from the animal services officer or designee.
(d) It shall be unlawful for any unauthorized person(s) to release animals
impounded or surrendered.
(Ordinance 2023-26 adopted 10/10/2023)
It shall be unlawful for any person to interfere with or attempt
to prevent the animal services officer, his/her designee or any police
officer from catching or impounding any animal which is directed by
this chapter to be impounded.
(Ordinance 2023-26 adopted 10/10/2023)
(a) It shall be unlawful for any person to sell, trade, display for a
commercial purpose, barter, lease, rent, give away or convey the ownership
of any animal on any roadside, public right-of-way, park, parking
lot, or any other public property without a current itinerant vendor's
permit and written permission by the property owner, both of which
must be made available upon request of a city enforcement agent.
(b) It shall be unlawful for any person to sell, trade, barter, give
away, or transfer any animal less than three (3) months of age.
(c) It shall be unlawful for any person to sell, trade, barter, give
away, or transfer any dog, cat or ferret three (3) months of age or
older unless:
(1)
The animal is currently vaccinated or cannot be vaccinated due
to health reasons as verified by a licensed veterinarian; and
(2)
The seller has a current vaccination-license certificate for
the animal.
(d) This section shall not apply to:
(1)
The animal services facility; or
(2)
Any tax-exempt nonprofit organization founded for the purpose
of providing humane shelter for abandoned or unwanted animals.
(Ordinance 2023-26 adopted 10/10/2023)
(a) Any person who intentionally or unintentionally breeds a female dog
or cat, or who owns or has custody of or control over a litter of
puppies or kittens must obtain an animal litter permit and pay the
established fee within fourteen (14) days of the litter's birth.
(b) The issuance of a litter permit authorizes the whelping of no more
than one litter per the female dog or cat identified in the permit
in any twelve (12) month period.
(c) The issuance of a litter permit does not authorize the sale of any
puppies or kittens from the litter, except as permitted in this chapter.
(d) Any owner, or person advertising the sale or other transfer of a puppy or kitten under four months of age located within the city limits shall include or display the litter permit number on such advertisement regardless of the media used for such advertisement, and all charges or prices listed in such advertisements must be in compliance with the requirements of section
2-5-3.
(e) Any breeder advertising the sale or other transfer of a qualified
animal shall include or display the breeder permit number in addition
to the litter permit number on such advertisement regardless of the
media used for such advertisement.
(f) The provisions in subsections
(a) and
(d) do not apply to the animal services department, a 501(c)(3) animal welfare organization, or a veterinarian or veterinary facility, which has received abandoned puppies or kittens.
(Ordinance 2023-26 adopted 10/10/2023)
Any person who sells, requests a rehoming fee, or offers for
sale one (1) or more animals must obtain a seller's permit.
(1) Each seller's permit shall be valid for one (1) animal or one (1)
litter.
(2) The seller's permit number shall be prominently displayed in all
advertisements, notices, or displays for sale of the animals.
(3) Each permit applicant shall be required to have taken in the prior
two (2) years a department approved responsible pet ownership course
prior to the approval of a seller's permit.
(4) A seller's permit holder shall provide a purchaser a written statement
which shall include a guarantee of good health for a period of not
less than two (2) weeks with a recommendation to have the animal examined
by a licensed veterinarian.
(5) A person who obtains a pet shop license or animal rescue organization
license issued by the department shall not be required to obtain a
seller's permit under this section.
(6) A person who obtains a litter permit is still required to obtain
a seller's permit if the person intends to sell the litter. If a litter
permit and seller permit are requested simultaneously, the seller's
permit fee may be waived.
(7) If a person fails to obtain a permit after notice, then the department
shall be authorized to impound the animals.
(8) If an animal seller violates this section, the seller shall be required
to sterilize all dogs and cats present at the location of the sale
within sixty (30) [sic] days of receiving a citation for violation
of this section.
(Ordinance 2023-26 adopted 10/10/2023)
(a) Persons wishing to operate an animal establishment or to become a
commercial breeder within the city must apply for an animal establishment
or commercial breeder permit. A permit shall be issued if the requisite
fee is paid and the applicant complies with the following conditions:
(1)
Cold and hot water and appropriate disinfecting/sanitizing chemicals
for washing and disinfecting cages are easily accessible to all parts
of the animal housing areas;
(2)
Fresh, potable water shall be available to all animals at all
times. Containers are cleaned and disinfected each day. All water
containers shall be removable for cleaning and mounted, placed, or
weighted so the animal cannot turn them over;
(3)
The ambient temperature in the animal housing areas is maintained
between sixty (60) and seventy-nine (79) degrees Fahrenheit at all
times. The temperature and humidity in individual cages are maintained
at levels that are healthful for the species of animals being housed
and adequate ventilation is maintained in all animal housing areas;
(4)
All cages and enclosures are constructed of a nonporous material
for easy cleaning and disinfecting. Each cage and enclosure is of
sufficient size that at minimum the animal will have room to stand,
turn, and lie down in a natural position. Each cage and enclosure
is thoroughly cleaned and disinfected each day. Each cage and enclosure
is locked or otherwise secured to prevent the escape of any animal
being kept. Injured or ill animals shall be kept isolated from healthy
animals;
(5)
Daily feeding records are maintained to ensure that all animals
are fed a proper and nutritious diet specific to the species' needs.
The daily feeding records shall be maintained or posted in a readily
accessible location. All veterinarians' order must be in writing and
kept on record and available for inspection during the animal establishment's
or commercial breeder's regular business hours. In general, all animals
under six (6) months of age are to be fed at least two (2) times per
twenty-four (24) hour period, or as advised by a veterinarian, and
all other animals must be fed at least one (1) time per twenty-four
(24) hour period, or as advised by a veterinarian. Food for each animal
shall be served in a clean dish so constructed or mounted that the
animal cannot readily tip it over and be of the type that are removable
for cleaning. Disposable feeding dishes are acceptable for one-time
use only. Animals that do not require daily feedings are exempt from
the daily feeding requirement; however, feeding records shall be maintained
and the animal shall be kept in a healthful body condition;
(6)
Each bird must have sufficient room to stand upright without
touching the top of their housing area and to spread their wings fully
without touching the side of their housing area. Each bird shall have
access to a perch that is placed horizontal to other perches in the
same cage and is of adequate size for the species being housed. The
housing area must be sufficiently ventilated. Large birds shall have
separate cages from smaller birds. There shall be clean water and
suitable food available to the birds at all times and all troughs
or other receptacles must be easily accessible to the birds and placed
so that the birds cannot turn them over or defile their contents.
Injured, diseased, or dead birds shall be immediately removed from
housing areas holding healthy birds;
(7)
There is sufficient clean, dry bedding to meet needs of each
individual animal;
(8)
All animals are fed and watered, and all cages cleaned and disinfected
every day including Sundays and holidays;
(9)
All dogs, cats, and ferrets four (4) months of age or older
have proof of being currently vaccinated against rabies; and
(10)
Written procedures are in place to notify the department of any local rabies control incident as required by section
2-1-8 of this chapter.
(b) A person commits an offense if he transfers ownership, offers to
transfer ownership of any animal, provides boarding or daycare for
any animal, places any animal up for auction, or otherwise provides
services or engages in activities that require an animal establishment
or commercial breeder permit without possessing a valid animal establishment
or commercial breeder permit.
(1)
It is an affirmative defense to subsection
(b) if the transfer was a private sale of the animal as authorized by this chapter.
(c) A person commits an offense if he owns, operates, manages, or represents
an animal establishment or commercial breeding service and is in possession
of, transfers ownership of, or offers to transfer ownership of any
animal other than a domestic animal.
(d) A person commits an offense if he owns, operates, manages, or represents
an animal establishment or commercial breeding service and has a permit
issued under this section and refuses, upon request by the department,
to make his animals, the portion of the premises that house or are
used to service the animals, equipment, and any necessary registrations,
veterinary records, feeding logs or permits available for inspection
during regular business hours. If there are not set business hours,
then the inspection may occur during reasonable hours.
(e) A person commits an offense if he has a permit issued under this section and fails to comply with any condition required in subsection
(a) or with any other condition of his permit. Each animal or condition in violation of this chapter shall constitute a separate offense.
(Ordinance 2023-26 adopted 10/10/2023)
(a) No person shall operate any pet grooming facility, structural or
mobile, as defined in this chapter, without first obtaining a permit
from the department who shall take into consideration the type of
building construction, the regulatory compliance history of the permittee
as it relates to sanitation, health, welfare of the animals, and related
zoning requirements. The department shall inspect and evaluate the
qualifications of applicants.
(1)
Applications for an original or renewal pet grooming facility
permit shall be submitted to the department and shall be approved
or denied by the department. The department shall investigate the
applicant's qualifications for a permit. A conviction for the violation
of any provision of this chapter may constitute cause for denial or
revocation.
(2)
Failure to apply for a permit prior to the opening of such a
commercial animal facility, or within thirty (30) days after the renewal
date, shall constitute a misdemeanor offense.
(3)
Each pet grooming facility permit shall be valid for one (1)
year.
(b) A permit holder has the right to request that any dog or cat accepted
for grooming be vaccinated against common diseases and require proof
of such vaccinations be furnished to the shop operator.
(c) A person commits an offense if he owns, operates, manages, or represents
a pet grooming facility that requires a permit and refuses, upon request
by the department during business hours, to make his animals, that
portion of the premises used to house or service the animals, facilities,
equipment, and any necessary registrations, veterinary records, feeding
logs or permits available for inspection for the purpose of ascertaining
compliance with the provisions of this chapter.
(Ordinance 2023-26 adopted 10/10/2023)
(a) After securing a permit from the animal services department, search
and rescue training may be conducted by qualified members of search
and rescue organizations in designated areas of city parks between
the hours of 5:00 a.m. and 11:00 p.m., unless different hours have
been designated for the park facility.
(b) Members of the search and rescue organization must possess at least
a NASAR SARTECH III level of certification or a comparable level of
certification before being eligible to conduct search and rescue training
under this program.
(c) A search and rescue organization seeking a search and rescue training
permit shall submit a complete permit application to the animal services
department and provide the following information:
(1)
Contact information for the search and rescue organization and
the individuals authorized to conduct search and rescue training on
behalf of the organization;
(2)
Copy of the NASAR SARTECH III certification or its equivalent
for each of the individuals conducting search and rescue training;
(3)
Copy of the search and rescue organization's training materials;
(4)
Copy of vaccination and registration records for each dog participating
in search and rescue training; and
(5)
Proof of general liability insurance coverage in the amount
of one hundred thousand dollars ($100,000.00). The insurance carrier
of this policy must be rated "A-" or better and be licensed to do
business in the state. In addition, the policy shall include the city,
its officers, agents, employees, and representatives as additional
insured parties and should contain a thirty (30) day written notice
of cancellation. A certificate of insurance for the required coverage
must be submitted to the animal services department at least two (2)
weeks prior to the event.
(d) Prior to conducting any training, a permit holder must provide a
written request to conduct search and rescue training to the city's
animal services director and a designated city parks department staff
member at least ten (10) business days prior to the start of training.
Each written request must state the time and date of each training
session, the number of trainers involved in each training session
and the number of dogs to be trained. A request may be denied based
on availability of the training site.
(e) It shall be unlawful for any person to conduct search and rescue
training under this section without a permit from the animal services
division.
(f) It shall be unlawful for any person who has received a permit for
search and rescue training to fail to comply with any permit requirement
or provision of this article. Each animal or condition found in violation
of this chapter shall constitute a separate offense.
(g) A city enforcement agent may revoke or refuse to issue a permit if requirements under subsections
(a)–
(d) are not met.
(h) Denial or revocation of a permit may be appealed to the animal services
director. The appeal must be made in writing within fifteen (15) business
days of receiving written notice of permit denial or revocation from
the city enforcement agent. If no appeal request is received within
a fifteen (15) business day period, denial or revocation of the permit
becomes final. Upon receiving an appeal, the animal services director
will hold a hearing at a time and place of the director's designation
within fifteen (15) business days of the appeal being received. Based
upon available evidence, the animal services director will make a
final ruling. The decision of the animal services director shall be
final.
(i) A search and rescue organization whose training permit has been revoked
may reapply for another permit after six (6) months from the date
of revocation.
(Ordinance 2023-26 adopted 10/10/2023)