Chapter 6.10
COMMERCIAL KENNELS, GROOMING PARLORS, PET SHOPS, SHELTERS
Sections:
6.10.030 License requirements – Commercial kennels – Grooming parlors – Pet shops – Shelters.
6.10.050 Inspection at processing.
6.10.070 Revocation, denial or refusal to renew.
6.10.080 Appeal of revocation or denial of license.
6.10.110 Commercial kennels, pet shops and shelters – General conditions.
6.10.120 Indoor facilities – Specific conditions.
6.10.130 Outdoor facilities – Specific conditions.
6.10.140 Grooming parlors – Specific conditions.
6.10.010 Purpose.
It is hereby declared to be the public policy of the city of Burlington to provide for the general welfare of the residents and visitors to the city of Burlington through the adoption and enforcement of these animal control measures deemed necessary for the protection of the health, welfare and safety of residents, visitors and animals within the city of Burlington and to prevent injury to property and cruelty to animals. To this end, it is the purpose of the ordinance codified herein to provide a means of licensing commercial kennels, grooming parlors, pet shops, and shelters. The city council expresses no intent to create a class of person who are specially benefited by this chapter. (Ord. 1667 § 6, 2009).
6.10.020 Definitions.
Within the provisions of this chapter, the following definitions shall apply:
“Boarding” means the act of providing regular food, meals, shelter, exercise, and care for animals in the absence of the owner or caretaker who would normally provide these things.
“Commercial” means having profit as a primary purpose of operations.
“Commercial cattery” means any premises used to conduct a commercial business involving the breeding, buying, selling, or boarding of cats, but excluding animal hospitals and clinics where animals are kept only for treatment by licensed veterinarians and nonprofit animal shelters where animals are kept for care and treatment pending redemption, adoption or euthanasia.
“Commercial kennel” shall hold the same meaning as a “commercial cattery” except involving dogs. This will include animal day care centers.
“Grooming parlor” means any place of business (stationary or mobile) where animals are bathed, clipped, dipped or combed, or otherwise serviced for a valuable consideration for the purpose of enhancing their aesthetic value.
“Kennel” shall hold the same meaning as “commercial kennel”; however, it will include anyone who has ownership of more than four dogs and follows a land use permit pursuant to chapter 17.68 BMC.
“License” means a license issued by the city of Burlington.
“Pet shop” means any business or commercial establishment wherein animals commonly referred to or considered to be pets are kept or displayed for sale to any persons or organizations for either private or commercial purposes.
“Shelter” means governmental or private entities that provide temporary homes for stray or surrendered animals, most often dogs and cats, until the animals are reclaimed by the owners, adopted, placed with another entity, or euthanized. (Ord. 1667 § 6, 2009).
6.10.030 License requirements – Commercial kennels – Grooming parlors – Pet shops – Shelters.
It is unlawful for any person to own, maintain or operate a commercial kennel, grooming parlor, pet shop or shelter within the city unless such person has first obtained the applicable license as required by chapter 5.04 BMC and a land use permit pursuant to chapter 17.68 BMC and this title. Such license shall be nontransferable. (Ord. 1667 § 6, 2009).
6.10.040 Application.
In addition to licensing requirements, any person making application for a license for a commercial kennel, grooming parlor, pet shop, or animal shelter shall submit the following information to the planning department:
A. Name, address, and phone number of the owner of such business;
B. Name, address, and phone number of the persons having primary supervision of such business;
C. The street address, mailing address, and phone number of such business;
D. A statement giving permission for the inspection of the business at any reasonable time. (Ord. 1667 § 6, 2009).
6.10.050 Inspection at processing.
This chapter sets forth conditions for any commercial kennel, grooming parlor, pet shop, or shelter license in order to provide for safe and humane treatment of animals. Upon application for a commercial kennel, grooming parlor, pet shop, or shelter license, the designated animal control officer shall inspect the proposed facilities to determine whether the facilities comply with the required conditions set forth in this chapter. If it is found they do not, the license shall not issue and the applicant shall be advised in writing of the reasons for denial. (Ord. 1667 § 6, 2009).
6.10.060 Display.
In addition to the requirements, the license issued for a commercial kennel, grooming parlor, pet shop or shelter shall be posted on the premises in a location easily observed by the public. (Ord. 1667 § 6, 2009).
6.10.070 Revocation, denial or refusal to renew.
A license for any commercial kennel, grooming parlor, pet shop, or shelter may be revoked, denied, or not renewed by the city for failure to comply with provisions of this chapter.
Such action shall be final and conclusive unless within 10 days of written notification thereof an appeal is filed in the manner provided in this chapter. (Ord. 1667 § 6, 2009).
6.10.080 Appeal of revocation or denial of license.
Any person having an application, seeking renewal, or having a license to do business as a commercial kennel, grooming parlor, pet shop or animal shelter issued which is revoked or denied, may request a hearing before the city council appealing the administrative decision to revoke or deny, or impose requirements as a condition of issuance of the license. The request shall be in writing and filed with the city finance director within 10 days of written notification of revocation or denial. (Ord. 1667 § 6, 2009).
6.10.090 Inspections.
The designated animal control officer shall have the authority to enter and inspect the premises of a commercial kennel, grooming parlor, pet shop, or licensed shelter pursuant to this chapter at reasonable times to determine whether the facility is being operated in compliance with the provisions of this chapter. (Ord. 1667 § 6, 2009).
6.10.100 Records required.
Each commercial kennel, pet shop, and shelter shall prepare, maintain, and make available to the designated animal control officer a current record of all dogs and other animals sold, auctioned, or otherwise disposed of and a current record of all dogs and other animals born within the facility or acquired from other sources. The records shall include the origin, age, and type of dog, or other animal, and the name and address of the transferee and transferor. (Ord. 1667 § 6, 2009).
6.10.110 Commercial kennels, pet shops and shelters – General conditions.
Commercial kennels, pet shops, and shelters shall meet the following conditions:
A. Appropriate animal housing facilities shall be provided for all animals, shall be structurally sound, shall be maintained in good repair, and shall be designed to protect the animals from injury and restrict the entry of other animals.
B. Each animal shall be provided with adequate floor space to allow the animal to turn about freely and to easily stand, sit and lie in a comfortable, normal position.
C. Any electrical power shall be supplied in conformance with applicable electrical codes adequate to supply heating and lighting as may be required by this chapter.
D. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and/or enclosures of debris and excreta.
E. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents.
F. Refrigeration shall be provided for the protection of perishable foods.
G. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be provided and operated as to minimize vermin infestation, odors, and disease hazards.
H. Washroom facilities, including sinks and toilets, with hot and cold water, shall be conveniently available to maintain cleanliness among animal caretakers and for the purpose of washing utensils and equipment.
I. Sick, diseased, or injured animals shall be separated from those appearing healthy and normal, and, if for sale, shall be removed from display and sale or adoption, and kept in isolation quarters with adequate ventilation to keep from contaminating healthy animals.
J. There shall be an employee or caretaker on duty at all times during business hours whose responsibility shall be the care and supervision of the animals in that shop or department responsible for the sale, adoption, or display of these animals.
K. An employee, caretaker, or owner shall make provisions to feed, water and do the necessary cleaning of animals. In each period of 24 consecutive hours, to provide food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; in each period of 24 consecutive hours, to provide open or adequate access to potable water in sufficient quantity to satisfy the animals’ needs. Neither ice or snow is an adequate water source.
L. No person shall misrepresent an animal to a consumer in any way.
M. No person shall knowingly give an animal for adoption or sell a sick or injured animal without disclosing the sickness or injury to the adopter or purchaser.
N. Animals which are caged, closely confined, or restrained shall be permitted daily exercise for an appropriate length of time, as determined by their size, age, and species, in a yard or area suitable for that purpose. (Ord. 1667 § 6, 2009).
6.10.120 Indoor facilities – Specific conditions.
Commercial kennels, pet shops and shelters which have indoor facilities for animals shall:
A. Be sufficiently heated or cooled when necessary to protect the animals from temperatures to which they are not accustomed, taking into consideration their age, size and species;
B. Be adequately ventilated to provide for the health of the animals and to remove foul odors therefrom;
C. Have ample light, either natural or artificial, or both, of good quality and well distributed to provide for illumination as necessary to inspect and clean;
D. Have interior walls, ceiling and floor surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with sealant or paint;
E. Contain a suitable method of drainage to facilitate the rapid elimination of excess water under any weather or temperature condition from indoor housing facilities; provided, this requirement shall not apply to display areas of pet shops;
F. Be maintained in a clean and sanitary condition, with the use of safe and effective disinfectants. (Ord. 1667 § 6, 2009).
6.10.130 Outdoor facilities – Specific conditions.
Commercial kennels, pet shops, and shelters having outdoor facilities for animals shall:
A. Be constructed to provide shelter from excessive sunlight, rain, snow, wind, heat, cold or other elements;
B. Be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein;
C. Contain a suitable system of drainage to be constructed to prevent an accumulation of water, mud, debris, excreta or other material and capable of being kept clean and sanitary and shall be so kept;
D. Be enclosed by walls or fences sufficient to keep animals within and to prevent entry of other animals. (Ord. 1667 § 6, 2009).
6.10.140 Grooming parlors – Specific conditions.
Grooming parlors shall:
A. Not board animals, but keep said animals for a reasonable time in order to perform the business of grooming;
B. Keep each animal in an individual cage;
C. Not permit animals kept for the purpose of grooming to have contact with other animals kept therein;
D. Sanitize all equipment after each animal has been groomed;
E. Not prescribe treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010;
F. Not leave animals unattended during the drying process;
G. Take reasonable precautions to prevent injury from occurring to any animal while in the custody of the parlor. (Ord. 1667 § 6, 2009).
6.10.150 Violation – Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and shall be punished as set forth in BMC 1.24.020. (Ord. 1667 § 6, 2009).
6.10.160 Severability.
In the event any term or condition of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this chapter which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this chapter are declared severable. (Ord. 1667 § 6, 2009).