§ 462.1011. Regulations and standards.

(a)

No person who has been convicted, under the laws of any State, County or municipality, of cruelty to animals shall own, operate or be employed by a pet shop or animal dealer.

(b)

No pet shop or animal dealer shall sell, trade, give away, or offer for sale, trade or gift, any livestock, game, or other animal which is not a household pet as defined in this Chapter, except that pet shops or animal dealer operations may sell, trade, give away or offer for sale, trade or gift a wild animal that is allowed to be sold and possessed and is sold in accordance with applicable laws and regulations of the Commission.

(c)

Every pet shop or animal dealer shall comply with all requirements of F.S. § 828.29, as amended, including, but not limited to: maintaining records of vaccinations and other preventative medication; maintaining official certificates of veterinary inspection; retaining records; and sale, purchase and return of dogs and cats. Every pet shop or animal dealer shall comply with the requirements of Section 462.502 and F.S. § 828.30. A pet shop or animal dealer is not required to obtain licenses for animals, but must inform the prospective owner or purchaser of the requirement to license the animal in accordance with Section 462.502.

(d)

For every animal that is subject to permit by the Commission that the permittee sells, trades, or gives away, or offers for sale, trade, or gift, the permittee shall:

(1)

House and display the animal in such a manner as to prevent handling by the general public;

(2)

Possess all necessary wildlife permits and comply with all rules and regulations;

(3)

Inform the prospective owner of the animal of the requirement for special Commission permitting;

(4)

Make available to the new owner at the time of transfer of ownership of the animal an appropriate Commission form of application; and

(5)

Make and retain, on the pet shop or animal dealer operation premises for at least two years, a complete record of the purchase or other acquisition and of the sale, trade, or gift of the animal.

(e)

Sick animals shall be isolated individually and in such a manner as to prevent exposure to other animals. Quarantine and/or restriction of infected animals shall comply with F.S. Ch. 381, as may be amended, and with applicable State rules and regulations.

(f)

No pet shop or animal dealer shall sell, trade, give away, or offer for sale, trade, or gift, any animal that is infected with, or is suspected of being infected with or of having been exposed to and during the disease incubation period for, any disease which is communicable to humans or to other animals including, but not limited to, rabies, distemper, mange, parvo virus or other infectious or dangerous diseases as determined by a veterinarian.

(g)

Every pet shop or animal dealer shall provide appropriate veterinary care whenever an animal under its care is found to be sick and/or injured. Such care may include euthanasia when approved and performed by a veterinarian licensed by the State of Florida. It shall, in a timely fashion, record and report to the DCHD every incident on its premises of a known or suspected disease of the type zoonosis. For every dog and cat kept for the purpose of sale, trade or gift, it shall maintain a record of any vaccination, injury, illness, consultative services, and/or treatment and make available upon request to any prospective owner the recorded information, and a copy of the official certificate of veterinary inspection required by F.S. § 828.29 for any such animal.

(h)

Every animal shall be cared for appropriately for its genus, species, age, sex, and individual nutritional and other health requirements including, but not limited to, the following:

(1)

No animal shall be given obviously contaminated or tainted food or water.

(2)

Every animal shall be provided appropriate food, and any appropriate nutritional supplements, at a frequency and in such quantities as appropriate for its genus, species, age, sex, and individual condition;

(3)

Every animal shall have fresh water available at all times, except for salt-water animals and except when veterinary treatment requires otherwise. Water containers shall be mounted or secured in a manner that prevents tipping and be of the removable type, except when veterinary treatment requires otherwise.

(4)

Every fish tank shall, for each fish and/or aquatic animal within, have appropriate and sufficient water, food, plant life, lighting, aeration, filtration, and heating and shall be free from excessive algae.

(i)

No animal shall be tranquilized for grooming purposes or, in the absence of explicit direction from a veterinarian, for the purpose of keeping the animal in a docile state.

(j)

Every animal shall be provided appropriate waterproof shelter (except for aquatic animals) that protects it from the weather, extreme temperatures and direct sunlight. To the extent the animal is sheltered in a cage, run or other such enclosure (hereinafter "enclosure"), the following shall also apply:

(1)

Enclosures other than those which also serve as a primary residence for a person or persons shall be constructed of nonporous, nonabsorbent, impervious material. Floors shall be fiberglass, concrete, tile or other nonporous and impervious material. Dog and cat enclosures may be covered throughout with a minimum of three inches of gravel.

(2)

Bedding shall be clean, dry, of sufficient quantity and of appropriate composition.

(3)

Enclosures shall be kept clean and dry and, except for birdcages, shall be maintained throughout each day and shall be emptied and cleaned at least once per day.

(4)

When an enclosure becomes empty through sale or other transfer of its occupant or occupants, the enclosure shall not be used to hold or house another animal until it has been thoroughly cleaned and disinfected.

(5)

Every cat enclosure shall contain a spill-resistant litter pan of sufficient size and with sufficient litter for the number of cats within the enclosure.

(6)

Every animal shall have sufficient space to stand fully erect, lie down fully outstretched, and turn completely around in a natural position without touching the sides or top of the enclosure with any part of its body, including ears and tail, and without touching any other animal in the enclosure. If the animal cannot access additional indoor or outdoor space for exercising, then this enclosure must provide adequate space for exercising.

(7)

Every birdcage and enclosure shall, for each bird within, have appropriate and sufficient food and water. Every enclosure for large birds shall be wide enough to allow any bird in the enclosure to extend both its wings fully at the same time without any part of its body, including its tail, touching the top of or any side of the enclosure and shall be at least twice the height of the tallest bird in the enclosure. Every enclosure for small birds shall be large enough for all the birds in it to perch at the same time. Every bird shall be provided with sufficient perching-space. In each birdcage, perches shall be parallel, aligned horizontally and not vertically, and perches shall be mounted so that the tail of any perched bird will not touch the bottom of the enclosure. Birds shall be housed at least 12 inches above the floor and in a well-ventilated area.

(8)

Every fish tank shall be cleaned as needed.

(9)

Animals shall not be commingled inappropriately for their genus and species, except that rodents may be placed in enclosures containing reptiles when being used as reptile food. Large and small birds shall not be commingled in the same enclosure. No combination of dogs, cats, and birds shall be commingled in the same enclosure. Every dog or cat over six months of age shall be kept in its own enclosure. No enclosure shall be overcrowded. Where an animal dealer is operating out of his/her primary residence, animals may be comingled within the residence if they are compatible; this includes dogs and cats over the age of six months provided the area occupied is adequate and not overcrowded.

(k)

Room temperature shall be maintained at a temperature not lower than 50 degrees Fahrenheit and not higher than 85 degrees Fahrenheit for four or more consecutive hours. Where an animal dealer is operating out of his/her primary residence, the room temperature for the animals can be the same as maintained for the human residents (within a temperature range that a reasonable person would keep the residence while occupied by him/her and any family members) provided adequate provisions have been made to protect or provide for animals when temperatures fall outside the above mentioned temperatures. Examples include but are not limited to blankets in colder temperatures and fans in hotter temperatures. No animal(s) shall be maintained in any location where the ambient temperature of the surrounding area is under 35 degrees Fahrenheit or higher than 100 degrees Fahrenheit.

(l)

Ventilation of any and all indoor areas of the premises in which animals are housed shall be to the outside air by forced draft and shall provide appropriate change and circulation of the air.

(m)

Interior lighting shall be appropriate for good visibility for cleaning purposes and for animal health and comfort. Whether natural, artificial, or a combination of both, such lighting shall be provided in reasonable cycles conducive to the animals' natural biological rhythms.

(n)

Every pet shop or animal dealer operation shall have readily accessible a conveniently-located sink, use of which shall be limited to hand washing, equipped with adequate hot and cold running water, hand cleaning soap, and sanitary toweling or a sanitary drying device.

(o)

Every pet shop or animal dealer operation shall have readily accessible a deep sink, with adequate hot and cold running water, suitable for the cleaning of equipment, utensils, mops, and cages, and which may be used for the bathing and/or dipping of animals only after the sink has been thoroughly cleaned of any contaminants.

(p)

Every pet shop or animal dealer operation shall have readily accessible at least one restroom facility containing at least one toilet and one sink that are available for use by personnel and patrons, pursuant to F.S. Ch. 381, as may be amended, and applicable State rules and regulations.

(q)

All plumbing shall be connected to a sewage system, in compliance with all applicable laws.

(r)

Any floor in any area in which an animal is housed, displayed, bred, fed, or otherwise maintained shall be of impervious construction and when flush or floor-type cleaning is employed, graded to a floor drain; except where an animal dealer is operating out of his/her primary residence.

(s)

All floors, walls and ceilings shall be kept clean and in good repair.

(t)

All pet shop or animal dealer operation structural doors shall be self-closing and all windows shall be screened.

(u)

Every pet shop or animal dealer operation shall be distinctly separate from any area used for human habitation or for the preparation of, or the serving of, food for human consumption.

(v)

Every pet shop or animal dealer operation shall be kept pest-free and vermin-free.

(w)

All equipment shall be kept clean, in good repair and in sound working order.

(x)

Every pet shop or animal dealer operation shall have on the premises such brooms, mops, hoses, vacuum cleaners, brushes, disinfectants, and other cleansing implements and materials as are required to maintain sanitary conditions. Such implements and materials shall be stored in a sanitary manner separate from any place where food is stored or where animals are housed or otherwise maintained. Cleaning materials must be present at the time of any inspection in amounts sufficient to clean the entire facility.

(y)

A pet shop owner or animal dealer shall regularly assign personnel the duty of maintaining sanitary conditions throughout the premises.

(z)

A pet shop owner or animal dealer shall promptly correct unsanitary conditions and any other conditions which violate any provision or regulation of this Part.

(aa)

Every pet shop or animal dealer operation shall be maintained in a safe and sanitary manner in order to promote a healthy environment for its animals, personnel and patrons and to limit the risk of disease-transmission to animals and to humans.

(Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 11)