(a)
Definitions:
Animal Care Facility means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
Animal Rescue Organization means any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes. This term does not include any entity, which is, or is housed on the premises of, a breeder or broker, obtains dogs from a breeder or broker in exchange for payment or compensation, or resells dogs obtained from a breeder or broker and provides payment or compensation to such breeder or broker.
Commercial Animal Establishment or Establishment includes but is not limited to:
(1) Auction;
(2) Flea market;
(3) Circus;
(4) Riding school or stable;
(5) Veterinary hospital;
(6) Zoological Park;
(7) Pet shop;
(8) Pet grooming shop;
(9) Boarding facility;
(10) Permanent fairgrounds.
The definition does not include an Animal Care Facility or Animal Rescue Organization.
(b) Standards for Commercial Animal Establishments include all of the following:
(1) The Establishment must be operated in such a manner as not to constitute a public nuisance;
(2) The Establishment shall provide an isolation area for animals that are sick or diseased to be placed in so as not to spread disease to healthy animals;
(3) All animals must be kept caged within a secure enclosure that provides for Adequate Space as defined in Carmel City Code § 6-99, or they must be under the control of the Owner at all times;
(4) The Establishment must provide Adequate Shelter, Adequate Food, Adequate Water, Adequate Space, and Adequate Veterinary Care, as those terms are defined in Carmel City Code § 6-99, to all animals kept on the premises, and must follow the requirements outlined in § 6-99 as it pertains to animals kept outdoors;
(5) The Establishment shall not engage in any acts of cruelty, mistreatment, or neglect;
(6) The Establishment will not sell animals that are un-weaned or diseased;
(7) The Establishment shall not sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit a Commercial Animal Establishment from collaborating with Animal Care Facilities or Animal Rescue Organizations to offer space for such entities to showcase adoptable dogs and cats; and
(8) Animals are not kept in Unsanitary Conditions, as defined in Carmel City Code § 6-99.
(c) Any City Code Enforcement Officer, Community Service Officer, or any sworn member of the Carmel Police Department may inspect any public area of a Commercial Animal Establishment’s premises during business hours and may request of the Establishment the opportunity to inspect any other area of the Establishment’s premises where animals are kept. If the Commercial Animal Establishment refuses to allow inspection, Corporation Counsel may petition a court of competent jurisdiction for an order allowing the inspection of the premises.
(d) All Commercial Animal Establishments, other than a circus temporarily located within the City’s corporate limits for less than ten (10) days per year, shall be located at a permanent building or facility and shall be permitted at that location by a special use permit or other applicable zoning permit, commercial breeding, and/or local breeder’s permit, where applicable.
(e) Citations for violation of this Section may be issued by any City Code Enforcement Officer, Community Service Officer, or any sworn member of the Carmel Police Department, at the officer’s discretion.
(f) A person violating this Section may be fined up to $2,500.00 per occurrence.
(g) This Section does not to replace state laws but is considered supplementary and in addition to the laws of the state and is to be fully enforced where not inconsistent with those laws. Any violation that is a violation of state law shall be enforced under the state statute.
(Ord. D-2511-20, As Amended, 3-16-20; Ord. D-2628-22, As Amended, § 3, 6-20-22)