§ 90.042. COMMERCIAL ANIMAL ESTABLISHMENTS.

(A) All provisions of this chapter relating to the care and control of animals shall apply to commercial animal establishments which do not keep animals for sale or resale. In commercial animal establishments which keep animals for sale or resale, all provisions shall apply except for the number of animals requirements, enclosure distance requirements and the registration of dogs.

(B) No person shall operate a commercial animal establishment within the City without first obtaining a commercial permit. Upon application, the City or its designated agent shall make an inspection of the proposed site of the establishment to ensure that the site is sanitary and can be maintained in a sanitary condition and that the site will provide shelter from the elements for the animals. The permit shall state the name of the person licensed to operate the establishment and the location of the establishment. All dog kennels shall contain a minimum of 100 square feet per dog.

(C) A commercial permit fee as set by resolution shall be paid by each commercial animal establishment within the City.

(D) Each permit shall be effective for one year, beginning on August 1 of each year and ending on July 31 of the following year, subject to annual inspection and permit fee.

(E) Renewal applications shall be made no sooner than 30 days prior to, nor later than 30 days after August 1.

(F) Permits may be transferred upon a change of ownership of a commercial animal establishment upon payment of a fee set by resolution.

(G) It shall be a condition of the issuance of a permit for operating a commercial animal establishment that the City shall be permitted to inspect the premises and all animals thereon. Refusal to allow an inspection by an authorized agent of the City shall be a ground for revocation of the permit.

(H) The City Council may, after notice and hearing as provided by law, revoke or suspend any commercial permit for one or more of the following causes:

(1) Refusal by the commercial permit holder to allow the City to inspect the premises or examine the animals thereon;

(2) The conviction of the commercial permit holder or any of the permit holder’s employees for the offense of cruelty to animals, whether or not the conviction is based upon the treatment of animals on the premises of the commercial animal establishment; or

(3) Three or more convictions of the commercial permit holder or any of the permit holder’s employees for violations of any provision of this chapter within any 12 month period whether the violations are based upon the care or control of the animals on the premises of the establishment.

(‘63 Code, § 6-2-35) (Ord. 97-16, passed 8-4-97; Am. Ord. 00-10, passed 4-3-00) Penalty, see § 90.999