(A) Permits-general. No person shall operate a commercial animal establishment, or non-town animal shelter/sanctuary, except for the town animal shelter, without first obtaining a permit in compliance with this chapter. Every facility regulated by this chapter shall be considered a separate enterprise and shall require an individual permit.
(B) Inspection of animals and premises authorized. It shall be a condition to the issuance of any permit required by this chapter that:
(1) The animal control officers of the town and/or their designees shall be permitted to inspect the premises and all animals located thereon where such animals are harbored;
(2) All reports of such inspection shall be in writing and maintained by the animal control officer;
(3) The animal control officers and/or their designees are authorized to enter the structure or premises wherein a commercial animal establishment is maintained (or believed to be maintained) at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures; and
(4) If the owner or those in possession of a structure or premises wherein a commercial animal establishment is maintained (or believed to be maintained) refuse inspection of said establishment, the animal control officers and/or their designees may obtain an inspection warrant from any court of record in the county in which the establishment is located in order to determine if the establishment is maintained in accordance with the town code.
(C) Obtaining a permit. Applicants must apply for permits required by this chapter with the Clerk-Treasurer.
(1) The application must contain:
(a) Information as to whether the applicant has been convicted of cruelty to animals;
(b) A statement that the applicant complies and will comply with the regulations promulgated under this code; and
(c) The applicant authorizes the animal control officers or their designees to inspect the applicant’s facilities and animals.
(2) The permit shall be issued when the applicant complies with the laws and regulations pertaining to the issuance of permits, and pays the fee required.
(3) If the applicant withholds or falsifies any information on the application, the permit shall not be issued, and any permit issued upon false or withheld information shall be revoked.
(4) No permit to operate a commercial animal establishment shall be issued to an applicant who has been convicted of cruelty to animals without review by the Town Council.
(D) Standards for commercial animal establishments. In order to be eligible to obtain a permit, a commercial animal establishment must:
(1) Be operated in such a manner as not to constitute a public nuisance;
(2) Provide an isolation area for animals which are sick or diseased to be sufficiently removed so as not to endanger the health of other animals;
(3) Keep all animals caged, within a secure enclosure or under the control of the owner/guardian or operator at all times;
(4) With respect to all animals kept on the premises, comply with all of the provisions of this title providing for the general care of animals; and
(5) Not sell animals which are unweaned or obviously diseased.
(E) Commercial animal establishment permit period. The commercial animal establishment permit period shall begin on January 1 and shall run for one year. Applicants requiring a permit during the year shall pay a prorated fee for the remaining portion of the year. Applications must be made prior to the establishment of a commercial animal establishment.
(F) Fees.
(1) Fees for permits shall be as follows:
(a) For each auction: $500;
(b) For each circus or animal exhibition - transient: $1,000 per day;
(c) For each animal exhibition - permanent: $500 per year; and
(d) For each non-town animal shelter/sanctuary: $0.00 private/$0.00 non-profit.
(2) No fee shall be required of any town animal shelter, research laboratory, or government-operated zoological park.
(G) Reclassification. Any person who has a change in the category under which the commercial animal establishment permit was issued shall report the change to the Clerk-Treasurer and apply for the new permit required within 30 days. Appropriate changes, including pro rata credit for the previous permit, shall be made by the town.
(Ord. 2015-1, passed 2-2-2015) Penalty, see § 94.99