A Commercial Animal Establishment must:
(a) Comply with Section 505.08; and
(b) Provide Sanitary Conditions.
(1) Facilities for pet animals shall be maintained to ensure that said facilities are clean and sanitary;
(2) Facilities shall be vermin-proof and free of vermin;
(3) Food remnants, manure and any other organic wastes stored on the Commercial Animal Establishment premises shall be kept in tight, covered containers.
(c) Provide Veterinary Care.
(1) The Commercial Animal Establishment, under the supervision of a veterinarian, shall establish programs of disease control and prevention, euthanasia and adequate veterinary care;
(2) All pet animals shall be observed daily for the purpose of monitoring health, nutrition and well being;
(3) Any pet animal which exhibits signs of sickness, disease and/or injuries shall be isolated from the other pet animals and given veterinarian care without delay when needed:
A. To prevent suffering;
B. To prevent disease transmission;
(4) Animals that become seriously ill or seriously injured must be diagnosed by a veterinarian in a timely manner and the prescribed therapy followed. Sick or injured animals must be:
A. Provided with timely veterinary treatment as needed for the health and well-being of the animal;
B. Euthanized humanely and promptly by the Commercial Animal Establishment's attending veterinarian; or: surrendered, with the express consent of the recipient, to an approved local public or private animal shelter;
(5) Animals cannot be euthanized in any way except through the most current, approved euthanasia methods established by the American Veterinary Medical Association panel on euthanasia.
(d) Provide Enclosures and Adequate Space.
(1) Enclosures must permit the pet animals therein to freely stand, sit, lie down, turn around and make other postural adjustments without any interference;
(2) Enclosures for birds and other pet animals that fly shall be large enough to allow pet animals to fly, hop and perform other activities without obstruction;
(3) All enclosures shall be clean and sanitary and protect the pet animals from adverse conditions, including but not limited to unsuitable weather conditions, too much direct sunlight and improper lighting;
(4) The floor for the pet animals must be suitable to prevent injury and/or discomfort;
(5) Pet animals housed in the same primary enclosure shall be housed in compatible groups without overcrowding;
(6) Dogs and cats shall be separated from one another.
(e) Ensure Adequate Temperature and Ventilation.
(1) The ventilation must be adequate to maintain the health and comfort of all pet animals;
(2) The ventilation system must provide fresh air by means of windows doors, vents and/or air conditioning and be designed to maintain drafts, odors and the condensation of moisture at a minimum;
(3) The ventilation system shall not cause odors to be emitted to neighbors of pet store;
(4) Air conditioning and/or exhaust fans and vents must be utilized in the event the temperature in the Commercial Animal Establishment reaches 85ºF or greater;
(5) The air exchange must be 10/12 changes per hour.
(6) Comply with OAC Chapter 4101:2-39 of the Ohio Mechanical Code.
(f) Require That Pet Animals Reach a Minimum Age Prior to Sale.
(1) No dog or cat shall be sold prior to it reaching the age of eight weeks;
(2) No guinea pig, hamster or rabbit shall be sold prior to it reaching the age of four weeks.
(g) Ensure Sale of Healthy Pet Animals.
(1) Commercial Animal Establishment shall take all reasonable steps to sell healthy pet animals;
(2) In the event the Commercial Animal Establishment sells an unhealthy pet animal, all defects shall be disclosed to the purchaser;
(3) In no event shall the Commercial Animal Establishment sell any pet animal that has a contagious disease.
(h) Ensure Humane Handling of Animals.
(1) All pet animals shall be handled in a manner that will not cause discomfort, stress and/or physical harm.
(2) The Commercial Animal Establishment operator or an agent of the operator must be present at least once daily for general care and maintenance of the animals in the custody of the Commercial Animal Establishment;
(3) Commercial Animal Establishment operators and their agents must wash their hands before and after handling each animal;
(4) Provide adequate socialization and exercise for all animals in the custody of the Commercial Animal Establishment.
(i) Animal Spay, Neuter Requirements.
(1) A fee prescribed by ordinance shall be required for all cats and dogs sold that are not spayed or neutered unless that animal is licensed by a veterinarian to be incapable of breeding or being bred.
(j) Provide for the Sterilization of Pet Dogs and Cats Prior to Sale.
(1) A dog or cat shall not be sold by a Commercial Animal Establishment unless:
A. The animal has already been sterilized;
B. The purchaser signs an agreement to have the animal sterilized by a licensed veterinarian: (i) within 30 days of the purchase, if the animal is sexually mature; or (ii) within 30 days after the animal reaches six months of age, if the animal is not sexually mature at the time of purchase; or
C. A licensed veterinarian issues a written statement that the life or health of the animal may be jeopardized by sterilization.
(2) A pet store may extend for 30 days the date by which a dog or cat must be sterilized on presentation of a written report from a licensed veterinarian, stating that short-term illnesses or circumstances may cause the life or health of the animal to be jeopardized by sterilization. In cases involving extenuating circumstances, the veterinarian and pet store may negotiate the terms of an extension of the date by which the animal must be sterilized;
(3) Nothing in this section shall preclude the sterilization of a sexually immature dog or cat upon the written agreement of the veterinarian, the Commercial Animal Establishment and the new owner;
(4) Upon the petition of the Dog Warden, the Court may order the purchaser to take any steps necessary to comply with the requirements of this section. This remedy shall be exclusive of and in addition to any penalty that may be imposed under this section.
(k) Disclosure Requirements, Certain Information to Purchasers.
(1) A Commercial Animal Establishment shall deliver to a recipient of a dog or cat, at the time of exchange, the following information on a form prescribed by the Animal Warden:
A. The breeder's name, address and license information if the breeder is licensed by the United States Department of Agriculture;
B. The date of the dog or cat's birth;
C. The breed, sex, color and identifying marks at the time of exchange, if any;
D. A record of each inoculation and worming treatment administered, if any, to the dog or cat, including the date of administration and the type of vaccine or worming treatment;
E. A record of veterinarian treatment or medication received by the dog or cat while in the possession of the Commercial Animal Establishment, including a receipt or other documentation from a licensed veterinarian documenting the dog or cat as spayed or neutered;
F. A document signed by a veterinarian licensed in the State of Ohio stating that the dog or cat has no known diseases or illness that adversely affects the health of the dog or cat at the time of the exchange or that is likely to adversely affect the health of the dog or cat in the future; or describing any known illness that is likely to adversely affect the health of the dog or cat in the future and documenting that the veterinarian spayed or neutered the dog or cat, if the veterinarian performed this surgery;
G. Where applicable, a spay/neuter certificate, sterilization agreement or other documentation confirming the dog or cat is spayed or neutered.
(2) A Commercial Animal Establishment shall sign the completed form to certify the accuracy of the information, and the recipient of the dog or cat shall sign the completed form to acknowledge receipt of the information;
(3) A Commercial Animal Establishment shall:
A. Retain a copy of each completed and signed form for a period of not less than two years after the sale of the dog or cat;
B. Make each completed and signed form available for inspection to the Humane Officer, Animal Control Officer, County Department of Health Officer or law enforcement officer during business hours.
(4) A Commercial Animal Establishment shall:
A. Clearly and visibly post warnings near all animals concerning potential diseases that can be transmitted to humans, particularly children.
(l) Return of Animal.
(1) Each Commercial Animal Establishment shall give buyers 15 days to document contagious or infectious disease and one year to document congenital or hereditary defects;
(2) The Commercial Animal Establishment shall not knowingly misrepresent the breed, sex or health of any dog or cat offered for sale;
(3) If the Commercial Animal Establishment sells an animal that is proven to be ill or have a hereditary defect the purchaser shall be entitled to a replacement or a full refund (plus reimbursement for veterinary expenses related to certifying such disease, congenital or hereditary defect or illness). The duty of the Commercial Animal Establishment to reimburse the purchaser under this section shall be limited to 1-1/2 times the purchase price of the animal. A purchaser that agrees to accept reimbursement under this section waives any other claim against the Commercial Animal Establishment for reimbursement of the cost of veterinary care for the animal;
(4) If any cat or dog is returned to a Commercial Animal Establishment due to illness, the Commercial Animal Establishment shall consult with a veterinarian immediately for proper medical treatment. If the Commercial Animal Establishment is not able to care for the sick animal they will promptly contact an approved shelter or animal rescue group that may be able to care for the animal before the Commercial Animal Establishment may consider euthanasia as an option.
(m) Commercial Animal Establishment can only sell puppies bred at USDA licensed facilities.
(1) It is unlawful for a Commercial Animal Establishment to sell or offer for sale any dog procured from a person who is not a dealer or licensed by the U.S. Department of Agriculture pursuant to the Federal Animal Welfare Act (7 U.S.C. §§ 2131 et seq.) or regulations adopted thereunder.
(2) Commercial Animal Establishment or dealers cannot sell animals relinquished by the general public to the pet store.
(n) Collect Pet Population Control Fees.
(1) A Commercial Animal Establishment shall collect fifteen dollars ($15.00) for altered cats and dogs and a fifty dollar ($50.00) fee for unaltered cats and dogs or cat sold;
(2) Money collected in accordance with this subsection shall be sent quarterly to the Animal Warden and be deposited in the Pet Population Control Fund;
(3) The City shall distribute the proceeds of this fee to the Euclid Animal Shelter for a spay/neuter fund for sheltered animals.
(o) Commercial Animal Establishments can only sell kittens bred at USDA licensed facilities.
(1) There is an exception for kittens that are surrendered to the Commercial Animal Establishment by a City of Euclid resident who provides their identification and contact information.
(p) Penalty.
(1) Whoever violates this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 599.02.
(Ord. 121-2011. Passed 9-6-11.)