4-384-100 Cages.

   (a)   All cages or enclosures provided by any licensee shall:

      (1)   be of adequate space appropriate to the age, size, weight and species of animal;

      (2)   be constructed of material that is impervious to urine and water, and able to withstand damage from gnawing and chewing;

      (3)   be constructed of material of sufficient strength and design to confine the animal; and

      (4)   be cleaned and sanitized as necessary, but not less than once per day.

   (b)   Animals housed on wire flooring shall be provided with a rest board, floor mat or similar device.

(Added Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3)

4-384-130 Inspections.

   The executive director may conduct, or cause to be conducted by an animal control officer or authorized representative, an inspection of any licensee, or anyone required to hold such a licenses, as is necessary to insure compliance with the applicable provisions of this code and any applicable rule or regulation promulgated by the commission. In the case of veterinary hospitals, inspections shall be conducted by a veterinarian, except that no veterinarian shall be designated to inspect a hospital which he owns or at which he is employed.

(Added Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3)

4-384-135 Enforcement.

   The executive director, or the executive director's designee, the commissioner of business affairs and consumer protection and the department of police are authorized to take action necessary for the effective enforcement of this chapter, including the issuance of citations.

(Added Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

4-384-140 Rules and regulations.

   The commissioner shall have the authority to promulgate such rules and regulations as are necessary for the effective implementation and enforcement of this chapter.

(Added Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

4-384-150 License suspension.

   (a)   Whenever an inspection indicates that the condition of a licensee's premises creates an imminent hazard to the public health or to the health of any animal in the licensee's care, the executive director may immediately suspend the license and impound any animal in the licensee's care until such time that the conditions that caused the hazard are corrected.

   (b)   Upon suspension of any license, all operations related to the license shall cease at once. The executive director may cause a "notice of closure" sign to be conspicuously placed upon the suspended licensee's premises. It shall be unlawful for any person to remove a "notice of closure" sign placed on the licensee's premises unless authorized to do so by the executive director.

   (c)   A licensee whose license has been suspended may at any time apply for restoration of the license. Within 48 hours after the executive director receives the application, accompanied by a statement signed by the licensee that the provisions previously violated have been complied with, the executive director shall cause a reinspection of the licensee's premises to assure that the conditions that caused the hazard have been corrected. When the reinspection indicates full compliance, the license shall be restored; provided that a license suspended a second or subsequent time shall not be restored sooner than the expiration of 48 hours from the time of suspension.

   (d)   A reinspection fee in the amount set forth in Section 4-4-135 shall be assessed against the licensee of any establishment for each inspection conducted by the executive director to address a violation previously identified in an inspection.

   (e)   In addition to any penalties set forth in section 4-384-160, the licensee shall be liable for the actual costs incurred by the city to abate, remediate, repair or remove the conditions that gave rise to the violation.

   (f)   The executive director shall notify the commissioner of business affairs and consumer protection immediately upon the suspension or reinstatement of any license pursuant to this section.

(Added Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-9-12, p. 27485, § 150; Amend Coun. J. 11-8-12, p. 38872, § 138)

4-384-155 Redemption of impounded animals.

   The redemption period for any animal impounded under section 4-384-150 and whose owner is known shall be 30 days or until redeemed by the owner, whichever occurs first, during which time reasonable means shall be used to facilitate return of the animal to the owner. The owner of any animal impounded may redeem the animal by paving a fee of $8.00 per day for each day the animal was impounded, plus any costs for required vaccinations and any other costs incurred by the commission for the care and treatment of the animal. In the case of an unlicensed animal, the owner shall also pay the license fee.

   Animals of unknown ownership that are impounded under section 4-384-150 shall be held by the executive director for a minimum of fifteen days, or for such other length of time as the executive director may deem necessary to permit location of and redemption by the owner, except that wild animals which are noxious by their very nature such as wild rats and undomesticated rodents may be euthanized at once following an examination for zoonotic diseases.

   Any animal remaining unredeemed after the prescribed holding period shall at once become the property of the commission.

   For purposes of impoundment, the executive director may utilize an animal control center or the facilities of any humane society properly equipped and willing to impound animals, or, if the animal shall be of a species that may be better or more safely impounded elsewhere, the executive director may designate an alternate facility that is properly equipped and willing to accept the animal.

(Added Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3)

4-384-160 Violation – Penalty.

   Any person who violates any of the provisions of this chapter shall be fined not less than $100.00 nor more than $1,000.00 for each offense. Each day that such violation exists shall constitute a separate and distinct offense. A second or subsequent violation may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six months.

   A violation of any provision of this chapter or the rules or regulations promulgated thereunder shall constitute grounds for revocation or suspension of a license pursuant to the provisions of Section 4-4-280 of this Code.

(Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3)

Editor's note – Formerly § 4-384-080.