A. License Required:
1. No person shall operate a pet shop without first obtaining a license from the city clerk. The license shall not be transferable between persons or locations. A written application for such license shall be filed with the city clerk, which shall contain the name and address of the applicant, the location of the proposed pet shop and such other information as may be required by the clerk. The license year for a pet shop license shall be from July 1 to June 30. The annual license fee shall be fifty dollars ($50.00), which shall also be charged, without proration, for periods of less than a year.
2. Upon application for a license or permit, the humane officer, health officer or designee shall conduct an inspection of the premises to be licensed. If the requirements of this section and applicable state and other laws are met, the humane officer, health officer or designee shall so notify the city clerk, and the city clerk shall issue the appropriate license.
3. After issuance of the license, inspections shall be made as necessary to ensure compliance with the provisions of this section.
4. Acceptance of a license issued under this section shall be deemed consent to reasonable inspections to ensure compliance herewith.
B. Operation:
1. Keep Accurate Records: Each licensee shall keep accurate records of each dog or cat sale for a minimum period of twelve (12) months after date of sale or transfer of the animal, and shall include the source of the animal, date of sale, description, approximate age and sex of animal sold, and the name and address of purchaser. Records of sales of other small mammals, birds, reptiles, exotics and fish are not required.
2. Prophylactic Medication And Immunization: If record of prophylactic medication and immunization is used in advertisement or is furnished the purchaser or person acquiring an animal, specific information regarding type, amount and date of prophylactic medication and immunization shall be kept by the licensee and shall become a part of the retail sales record.
3. Healthy Animals Released For Sale, Trade, Adoption: The licensee shall take reasonable care to release for sale, trade or adoption only those animals which are free of disease, injuries or abnormalities. A health certificate issued by a licensed veterinarian for any such animal within thirty (30) days before such sale, trade or adoption is prima facie evidence that the licensee has taken reasonable care.
4. Animals Unfit For Sale Or Release: The following shall be deemed an animal unfit for sale or release:
a. Obvious signs of infectious diseases such as ringworm, upper respiratory infections, distemper, hepatitis, leptospirosis, rabies or other similar diseases.
b. Obvious signs of nutritional deficiencies which may include rickets and emaciation.
c. Obvious signs of severe parasitism, extreme enough to be influencing general health.
d. Obvious fractures or congenital abnormalities affecting general health of animal.
5. Restriction On Sale: The humane officer or health officer may restrict the sale of any animal suspected of being diseased or otherwise unfit for sale. An examination by a veterinarian may be requested at the expense of the city.
6. Inspection Of Premises: Inspection of the premises of a licensee to determine compliance with this section may be made by the humane officer, health officer or designee.
7. Written Statement Of Time Of Sale: The licensee shall furnish the purchaser a written statement at the time of sale. The statement shall show:
a. Date of sale.
b. Name, address and telephone number of both licensee and purchaser.
c. Breed, description and approximate age of dog, cat or nonhuman primate.
d. Prophylactic medication and immunizations and dates administered.
e. Internal parasite medication(s) and date(s) administered.
f. Guarantee, if offered. If none, so state.
g. Information regarding proper care, health needs and pet responsibility laws.
8. Pet Shops To Comply With Standards: All pet shops shall, in addition to the other requirements of this section, comply with the following standards. Failure to meet the following standards shall be grounds for denial of a license or revocation of a license:
a. All animals, birds or fish shall be displayed in a healthy condition; or, if ill, removed from display and shall be given appropriate treatment immediately.
b. All the animals shall be quartered, and the quarters in which the animals are kept shall be maintained in a clean condition and in a good state of repair.
c. The room temperature of the shop shall be maintained at a level that is healthful for every species of animal kept in the shop.
d. There shall be sufficient clean, dry bedding to meet the needs of each individual animal. Litter and/or bedding materials shall be changed as often as necessary and there shall be adequate ventilation to prevent an odor nuisance.
e. Feces shall be removed from pens and enclosures as often as necessary to prevent unsanitary conditions and odor nuisance and shall be stored in tightly covered containers until final disposal.
f. All cages, enclosures, walls and floors of any rooms in which animals are kept are to be made of an impervious material for easy cleaning and disinfecting and shall have secure latches in good repair. Wood which animals can bite, chew, claw or any way have contact with is not considered impervious. Unsealed wood or rusted metal is not considered impervious. Each cage must be of sufficient size that the animal will have room to stand, turn and stretch out to its full length. Solid floors (or 1/2 inch galvanized wire mesh for birds, rodents and rabbits only) shall be used for cage floors. Wire cages must have a rest area with a solid floor providing enough area for each animal to sit, stand and lay down.
g. The floors and walls shall be cleaned and disinfected as often as necessary to prevent an odor nuisance, including prior to the daily opening of the pet shop.
h. The premises shall be kept free of insect and rodent infestations. Food supplies shall be stored in rodentproof containers.
i. There shall be hot water available for washing cages. Fresh drinking water shall be available to all species at all times. All water containers shall be mounted so the animal cannot easily turn them over and shall be removable for cleaning.
j. Food for all animals and birds shall be served in a clean dish so mounted that the animal cannot readily tip it over and shall be removable for cleaning.
k. All animals must be fed and cages shall be cleaned every day, including Sundays and holidays.
l. The water temperature for fish shall be maintained at a temperature that is healthful.
m. Shade from the direct rays of the sun shall be provided for all animals.
n. Each bird must have sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages must be cleaned every day and cages must be disinfected when birds are sold. Parrots and other large birds shall have separate cages from smaller birds.
o. No pet shop shall engage in the purchase, keeping or sale of any species of nonhuman primates, bats, raccoons, skunks, turtle eggs, poisonous snakes or any species of animal considered "endangered", or "threatened" or considered a public health hazard by the USDA or the food and drug administration.
p. No person shall sell or offer for sale, barter or give away, baby chicks, ducklings or fowl as pets or novelties if such chicks, ducklings, and/or fowl are dyed, colored or otherwise artificially treated. This subsection shall not be construed to prohibit the same or display of natural chicks or ducklings in proper brooder facilities by hatcheries or stores engaged in the business of selling them to be raised for commercial purposes. No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display, living chicks, ducklings or other fowl or rabbits that have been dyed, colored or otherwise artificially treated. In the case of any violation of this subsection, it shall be the duty of the humane officer to seize such fowl or pets and provide the necessary care and attention, and such fowl or pets shall not be returned until all expenses for such care and attention shall have been paid.
q. Crustaceans being held and sold for consumption must be fed appropriately while awaiting sale.
9. Dogs And Cats To Be Immunized Against Rabies: No pet shop operator shall sell or offer for sale any dog or cat five (5) months old or more unless the dog or cat has been vaccinated against rabies and tagged pursuant to section 95.21(2), Wisconsin statutes. A certificate of vaccination, and signed by the vaccinating veterinarian, shall be given to the purchaser at the time of sale. No pet shop operator shall sell or offer for sale any dog or cat under the age of five (5) months unless he gives the purchaser at the time of sale the following written statement:
State and/or municipal law requires that all dogs and cats receive a rabies vaccination and be licensed on or before the date that the dog or cat becomes five (5) months of age. Dog and cat licenses are issued by the city treasurer- comptroller.
C. Suspension Or Revocation Of License: A license issued under this section may be suspended or revoked during its term for failure or refusal to comply with the provisions of this section or with any other governmental law, rule or regulation governing the keeping or protection of animals. The licensee shall be entitled to due notice and hearing before the common council. During suspension, no sales of pets or other business or transactions involving such pets shall be performed by the licensee, but the provisions of subsection B8 of this section shall continue to apply to the licensed premises. Within ten (10) days following revocation, all pets shall be humanely disposed of and no part of the license fee shall be refunded.
D. Violation; Penalty: Any person who violates any provision of this section shall forfeit not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense. Each and every day that this section is violated shall constitute a separate offense for which a forfeiture may be imposed. (1975 Code Ch. 11 § VIII)