Chapter 5.50
PET SHOPS
5.50.000 Chapter Contents
Sections:
5.50.001 Administrative provisions
5.50.002 Business and occupations tax applies
5.50.010 License required
5.50.040 Definitions
5.50.050 Facility requirements
5.50.060 Operational requirements
5.50.070 Inspection
5.50.080 Correction notice
5.50.090 Impoundment
5.50.100 Violations – Civil infraction
(Ord. 7424 §33, 2025).
5.50.001 Administrative Provisions
The administrative provisions contained in OMC Chapter 5.05 shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein.
(Ord. 7424 §33, 2025).
5.50.002 Business and Occupations Tax Applies
The provisions contained in OMC Chapter 5.04 shall be fully applicable to businesses regulated under this chapter.
(Ord. 7424 §33, 2025).
5.50.010 License required
It is unlawful for any person, firm or corporation to engage in business in the City without first obtaining a license pursuant to the provisions of OMC 5.02. Any additional licensing or permitting requirements of this Chapter 5.50 shall also apply.
(Ord. 7424 §33, 2025; Ord. 6694 §12, 2010; Ord. 5176 §1(part), 1991).
5.50.040 Definitions
The following words and phrases shall have the following meanings for purposes of this chapter:
A. “Pet animal” means dogs, cats, monkeys and other primates, rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles, fish and any other species of animal sold or retained for the purpose of being kept as a household pet.
B. “Pet shop” means any store, place or establishment within the city limits of the City where pet animals are held for sale either at wholesale or retail with the intent of making a profit. The term shall not include hobby kennels as defined by this code.
(Ord. 7424 §33, 2025; Ord. 6694 §12, 2010; Ord. 5176 §1(part), 1991).
5.50.050 Facility requirements
Any building used for a pet shop shall meet the following requirements:
A. Animal housing shall be structurally sound and designed to prevent the pet animals from injury and shall provide sufficient security to contain the pet animals while preventing entry of unwanted pets.
B. The facilities shall include a washroom with sinks for hot and cold running water.
C. Heating, air cooling and shade shall be provided to protect the pet animals from temperatures to which they are not acclimated.
D. Adequate ventilation shall be provided.
E. A smoke and/or fire detection and alarm system shall be required; provided that any pet shop operating prior to adoption of the ordinance codified in this chapter shall have until April 30, 1992, to comply with this requirement.
(Ord. 7424 §33, 2025; Ord. 6694 §12, 2010; Ord. 5176 §1(part), 1991).
5.50.060 Operational requirements
Any person, firm or corporation owning, operating or maintaining a pet shop shall do so in accordance with the following requirements, which are in addition to the tax and license requirements of this Title:
A. Upon request, provide the city verification of the general maintenance, care and nutritional procedures used for all animals for sale at the pet shop;
B. No species of pet animals shall be sold or maintained on the premises which are prohibited from such sale or possession by state or federal law;
C. Suitable food and bedding and adequate potable water shall be provided. The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition, use and size of the animal. The animal feeding schedule shall be posted on the pet shop premises;
D. Food shall be stored in a manner which prevents contamination or infestation;
E. Provision shall be made for the timely removal of animal excreta, food wastes, soiled bedding, dead animals and debris. Disposal facilities shall be maintained so as not to be a health hazard;
F. Sick animals shall be separated from those appearing healthy and normal and shall be removed from display and sale. Timely veterinary care shall be provided for sick or injured animals;
G. There shall be an employee on duty at all times during any hours a pet shop is open whose responsibilities shall include the care and welfare of the animals in the facility. An employee or owner shall feed, water and perform the necessary cleaning of pet animals on each day that the pet shop is closed;
H. Pet animals shall be immunized from disease as is usual and customary for the animal’s age and species. Records of vaccination shall be subject to inspection and shall be provided to a buyer;
I. Reasonable care shall be taken not to place for sale, trade or adoption any pet animal which is diseased or injured.
(Ord. 7424 §33, 2025; Ord. 6694 §12, 2010; Ord. 5176 §1(part), 1991).
5.50.070 Inspection
It shall be a condition of the issuance or continuation of a business license that animal control officers shall be permitted to inspect all animals and the premises where the animals are kept at reasonable times to protect the health and safety of the animals and the community. Such right of inspection shall extend not only to the pet shop, but to any place within the joint animal control’s jurisdiction where pet animals held for sale through said pet shop are located or kept. If permission for such inspection is refused, a correction notice shall be issued.
(Ord. 7424 §33, 2025; Ord. 6694 §12, 2010; Ord. 5176 §1(part), 1991).
5.50.080 Correction notice
If an animal control officer determines that a licensee has violated any provision of this chapter the officer shall issue a correction notice requiring such violation to be remedied within seven days; provided that, if such violation endangers the immediate health or safety of an animal in the possession or under the control of the licensee, such correction shall be required within twenty-four hours. If the violation identified in the inspection notice is not timely corrected, the license may be revoked under the procedures of OMC 5.02 and 5.05.
(Ord. 7424 §33, 2025; Ord. 6694 §12, 2010; Ord. 5176 §1(part), 1991).
5.50.090 Impoundment
An animal control officer may impound any animal if a licensee fails to comply with a correction notice issued under Section 5.50.080 and said animal control officer determines that any animal in the possession or under the control of the licensee to be disabled or diseased due to the neglect or abuse, or the condition of any animal that constitutes a threat or danger to the public health or safety. The animal being impounded shall be taken to a veterinarian designated in the licensee’s application for treatment. The licensee shall be responsible for the veterinary bill.
(Ord. 7424 §33, 2025; Ord. 6694 §12, 2010; Ord. 5176 §1(part), 1991).
5.50.100 Violations – Civil infraction
A. It shall be a civil infraction for a person, firm, limited liability company or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, limited liability company or corporation found to have committed a civil infraction shall be assessed a monetary penalty as provided in OMC Chapter 4.44, Uniform Civil Enforcement.
(Ord. 7424 §33, 2025; Ord. 6694 §12, 2010; Ord. 6081 §13, 2001; Ord. 5176 §1(part), 1991).