Sec. 7-112. Suspension or revocation of permits.
(a) Suspension of permit. Whenever the animal warden finds a violation of this article, including but limited to unsanitary conditions, inhumane treatment of animals, or other conditions in the operation of a pet shop or the premises of a dealer which constitutes a substantial hazard to health, safety, or well-being of the animals or to the public health, the animal warden may, without warning, notice or hearing, issue a written notice to the permit holder or operator citing such conditions, specifying the corrective action to be taken, and qualifying the time period within which such action shall be taken. If deemed necessary, such order shall state that the permit is immediately suspended and the sale of animals is to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the chief of police shall be afforded a hearing within five (5) work days.
(b) Reinstatement of suspended permits. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within five (5) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the animal warden or designee shall make a reinspection. If the applicant is found to be complying with the requirements of this article, the permit shall be reinstated.
(c) Revocation of permits. A permit may be revoked after investigation and hearing by the animal warden. The animal warden will serve at least five (5) days written notice of intent to revoke a permit, stating the reasons for which the permit is subject to revocation on the permittee either in person or by posting of the notice to the front door of the facility where such animals are kept. A hearing will be held within ten (10) days of service of the notice. Testimony by the serving officer that notice was served upon the permittee or posed at the facility where the animals are maintained will constitute prima facia evidence of proper service. A permit may be revoked for fraudulent practices, inhumane treatment of animals, or a violation of local, state or federal laws applicable to animals. The animal warden will provide written reasons for any determination of revocation within five (5) day of hearing. Any person whose permit has been revoked shall immediately cease business, but upon written petition to the chief of police shall be offended a hearing within five (5) workdays. An owner whose permit has been revoked may reapply for a permit two (2) years or more after the date of revocation.
(d) Any person operating a pet shop or dealer in companion animals or who continues operation after revocation of their permit shall be guilty of a class 1 misdemeanor for each day of operation after revocation. (Ord. No. O-01-171, 9-18-01)
Last updated date: 10/23/2006 4:15:21 PM