Mendota Municipal Code Ch. 6.44 Commercial Animal Establishments

It is unlawful for any person, firm, corporation, or association to erect, establish, maintain any commercial animal establishment or pet shop without first obtaining a business license from the city. After inspection and approval of the conditions of the commercial animal establishment by the poundmaster, the required business license may be issued by the city. Such license shall be issued pursuant to city licensing regulations, provided any inspection by the poundmaster and other city officials does not reveal any violation of the provisions of this chapter, the city building codes and zoning ordinances and any other ordinances, rules or regulations. Every person within the city who owns, conducts, manages, a commercial animal establishment for which a city business license or special use permit is required shall comply with each of the following conditions:

A. Housing facilities shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals;

B. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition;

C. Animals shall be supplied with sufficient good, and wholesome food and water as often as the feeding habits of the respective animals require;

D. Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals;

E. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public;

F. Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to the physical needs of the animals;

G. All animal rooms, cages, and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein;

H. All animal runs shall be of concrete and provided with adequate drainage into an approved sewer or individual sewer disposal installation;

I. All animals shall be taken to a licensed veterinarian for an examination and treatment if so ordered by the animal control officer;

J. Every violation of applicable regulation shall be corrected within reasonable time to be specified by the animal control officer;

K. Commercial animal establishments shall comply with all other applicable Mendota codes and ordinances;

L. All commercial animal establishments may be inspected from time to time by an animal control officer to investigate any complaints of violations of the provisions of this section. Failure of the applicant for a license or special use permit to comply with any one of the foregoing conditions shall be deemed just cause for the denial of any business license, whether original or renewal and/or the issuance of a citation for violations pursuant to provisions of this section.

(Ord. No. 10-10, § 2, 1-11-2011)

Application for all kennel or breeder permits pursuant to this chapter shall be filed with the community development and building department, and an animal control officer on a form prescribed by the community development department. Fees charged for these permits shall be set by resolution of city council. The kennel and breeder permits shall be issued for the calendar year or any part thereof. Renewal and payment of the permit are due and payable on January 1 of each year. The finance department shall collect a delinquent penalty in an amount equal to the amount as established for license penalties. Any or all of the permits within this code may be immediately suspended for any violations of the permit.

(Ord. No. 10-10, § 2, 1-11-2011)

It is unlawful for any person(s) to own, maintain, or harbor any more than five dogs combined within the city limits without first obtaining a kennel permit from the poundmaster. A kennel permit shall permit no more than ten (10) dogs to be kept, harbored or maintained upon a person's premises within the incorporated area of the city subject to approval of the poundmaster. The kennel permit fee shall be set by resolution of the city council. The applicant for a kennel permit must comply with the following conditions before issuance of a permit:

A. Zoning conformance must first be established for each kennel construction/use proposal prior to proceeding with environmental health, sanitation, and construction evaluations of the proposal;

B. Complete plans and specifications of the kennel facilities shall be submitted to and be approved by both the building official and the health officer prior to the construction;

C. Kennel buildings (pens) shall not be located within fifty (50) feet of any property line nor forty (40) feet from any habitable building;

D. Unless served by a public sewer, separate sewage disposal systems for kennels with a one thousand five hundred (1,500) gallon septic tank must be installed to serve the manure flushing process;

E. Leach lines or seepage pits must meet all minimum setback requirements, and an area for one hundred (100) percent replacement of leach system must be set aside which must also meet all minimum setback requirements;

F. Kennel buildings must be constructed with masonry walls, sloped to drain concrete floors, soundproofing, including double pane windows and adequate ventilation as determined by the building official;

G. Dogs must be placed in the masonry kennel building from six o'clock p.m. to seven o'clock a.m.;

H. The entire kennel and pen area must be screened from view by a solid six-foot high fence. Dogs may at no time run loose or be outside of this fenced area unless on a leash;

I. Minimum dog run size (horizontal dimension) will be four feet by ten (10) feet inside kennel area and four feet by twelve (12) feet outside kennel area;

J. Feed storage, medicated feed, medicine and supplies must be kept safe from children and others in a separate locked rodent-proof room or secured place. All feed shall be kept in rodent-proof containers which are placed eighteen (18) inches above the floor surfaces;

K. Separate hand washing and toilet room facilities must be available in the kennel area;

L. Pens must be clean and sanitary at all times with an effective fly and odor control program submitted to the animal control officer for staff's approval;

M. No portion of the kennel or its dog occupants will be allowed to become a nuisance;

N. No exterior lighting shall interfere with neighboring residential properties;

O. Maximum dog occupancy of each and all portions of the kennel facilities shall be as determined by the health officer or any special land use persons;

P. In lieu of any the foregoing requirements, the owner may propose an alternative which meets the intent of these requirements. The owner must prove the equivalent adequacy of the alternative. The approval of alternatives is required prior to issuance of a permit.

Upon completion of the above requirements and final construction approval by the building division of the community development department, a kennel license shall be obtained from the animal control officer of the city. The permit will be for a fiscal year, or any part thereof in which the permit is required, with the permit fee due and payable on July 1 of each year.

(Ord. No. 10-10, § 2, 1-11-2011)

It is unlawful for any person to breed two or more litters of dogs in one calendar year from one premises without first obtaining a breeder permit. The fees for a breeder permit shall be set by resolution of the city council and must be submitted to the department of finance. Breeding permit requirements are as follows:

A. No offspring can be sold/adopted until they reach between six to eight weeks of age;

B. No offspring can be sold/adopted until vaccinated against common diseases;

C. The breeder permit holder must display the permit number when advertising the animals for sale/adoption.

(Ord. No. 10-10, § 2, 1-11-2011)

It is unlawful for any breeder to advertise for the sale/adoption of a litter of dogs in the city without including in the advertisement a city breeder permit number.

(Ord. No. 10-10, § 2, 1-11-2011)

Every commercial animal establishment, breeders, kennels and others who sell or adopt animals must keep permanent records of all animals sold or adopted and forward such information on a monthly basis to the poundmaster or animal control officer for licensing and confirmation of required vaccinations.

(Ord. No. 10-10, § 2, 1-11-2011)