a. No person shall operate a pet shop without a permit issued by the commissioner pursuant to this subchapter.
b. Operating a business or conducting an activity regulated by this subchapter without the permit therefor is hereby declared a nuisance.
1. No person may operate a business or conduct an activity regulated by this subchapter without the permit required by this subchapter.
2. No person may allow the operation of a business or the conduct of an activity regulated by this subchapter in any property owned by such person unless the person operating such business or conducting such activity has a permit as required by this section.
3. When the department determines that a business or activity regulated by this subchapter is being operated or conducted without the permit required by this section, the commissioner or his or her designee may order the person operating the business or conducting the activity to cease and desist from such business or activity. The department may also order the person who owns the premises in which the business is operated or activity is conducted to take whatever action may be necessary to prohibit such business or activity from continuing on such premises.
4. If the business or activity ordered to cease and desist continues without the required permit, the commissioner or his or her designee may, after providing an opportunity for the person operating such business or conducting such activity to be heard at the environmental control board or any tribunal established wi hin the office of administrative trials and hearings as designated by the commissioner, take any measure authorized by applicable law to enforce an order to cease and desist. Such measures may include, but are not limited to, ordering and arranging for the premises to be sealed and padlocked.
5. If the commissioner determines that exigent circumstances exist such that the continued operation of the business or activity would pose an danger to the public or the health and welfare of the animals in the custody of the business, the commissioner may take any measure authorized by applicable law to enforce an order to cease and desist, subject to a prompt post-enforcement hearing at the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner.
(L.L. 2015/005, 1/17/2015, eff. 1/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.