§ 8-41. Animal establishment permits; standards.

(a)

No person shall operate an animal establishment without first obtaining, and subsequently maintaining, a valid permit in compliance with this section. In the event any person shall own or operate more than one facility, they shall be required to obtain a permit for each facility.

(b)

Applications for such permits shall be made to the department on application forms provided by same.

(c)

Upon receipt of a properly completed application, the department shall promptly investigate the applicant and the facilities sought to be permitted, to determine if they are in compliance with provisions and requirements of this chapter. They shall report its findings and recommendations to the animal services board which shall, within 30 days of its receipt of same, issue or deny the permit applied for. If the permit is denied, the applicant shall be given written reasons for such denial.

(d)

Each permit shall be initially effective from the date of issuance through December 31 of the year of issuance.

(e)

Each permit shall be renewed annually and an application for renewal shall be filed with the department between October 1 and December 1. Renewed applications shall be effective from January 1 to December 31 of the following year.

(f)

Permittees must comply with the standards and regulations adopted by the department based on standards set forth in Title 9 of the Code of Federal Regulations. The department may amend such standards and regulations from time to time for purposes of public health and safety and the protection of animals. The standards and regulations shall be amended only after allowing permittees an opportunity to be heard on the proposed amendments. Notice of said hearing shall be mailed to each permittee at least ten days prior to the hearing date and at least 30 days prior to the effective date of the amendment. The notice shall set forth the amendment in its entirety and shall advise of the date, time and purpose of the hearing and the effective date of the amendment.

(g)

The department shall provide a copy of applicable standards and regulations with each permit application. Each applicant shall acknowledge, in his application, receipt of said standards and regulations.

(h)

A representative of the department shall have the right of entry, at reasonable hours, upon the premises of permittees and into all areas thereof where animals are kept and maintained, for inspection to ascertain whether the permittee is in compliance with the provisions of this chapter and the standards and regulations established under same. Failure of any owner to comply with said provisions, standards, and regulations, or allow reasonable entry and inspection by animal services and mosquito control department representative shall be grounds for revocation of the owner's permit.

(i)

If, upon inspection, department representatives determine that a permittee is in violation of this chapter, the department shall advise said permittee in writing of the violation and shall inform the permittee that its failure to comply with the provisions of this chapter within 14 days of receipt of said notice shall constitute grounds for removal of all animals from the premises or area subject to violation. If the permittee fails to comply within said period, department representatives may, with the approval of the animal services board and pursuant to a proper court order, proceed to remove the animals from said premises or area. Extended periods for compliance may be granted by the department for good cause shown. In the event it shall become necessary for the department to remove any animal as provided herein, it shall return the animals to the permittee upon termination of the violation for which the animals were removed unless the director determines that the violation justifies revocation of the permittee's permit. Such return, however, shall be contingent upon payment by the permittee of board fees incurred by the removal as established by section 8-73. Removed animals will become the property of the department 14 days after removal unless the violation is terminated and the board fees incurred as paid or an extension is granted by the director. In the event that such an extension is granted, failure to terminate the violation and pay all boarding fees incurred, including fees for the period of the extension, by the end of said extension shall result in forfeiture of the seized animals to the department. The director may, however, waive all or any portion of the boarding fees incurred under this section for good cause shown.

(j)

If the owner disagrees with the decision of the director to revoke the permit, he may appeal that decision to the animal services board. The director's decision shall be revoked only by a majority vote of the animal services board. If the board does not revoke the decision, the owner will have an additional ten days pending a request for appeal by the owner. If an appeal is not requested the owner must comply with the director's decision to revoke the permit. The owner must be present or legally represented at the hearing or any right to the appeal will be deemed waived and the ruling of the director will be final. If the permittee disagrees with the decision of the animal services board he may request an appeal as stated in section 8-37(e)(2). The effect of any decision to revoke an animal establishment permit shall be suspended during the appeal period, except that the revocation shall take effect immediately where the board finds, and so states in its written decision, that immediate revocation is necessary for protection of public health or safety.

( Ord. No. 5580 , 5-19-2016)