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SECTION 23. KENNEL, EXCESS ANIMAL HABITAT, PET SHOP, GROOMING PARLOR, AND COMMERCIAL STABLE PERMITS.A. Permit Requirements 1. In addition to this Ordinance, all licensees must comply with: Florida Statute Chapter 588, "Livestock at Large"; Florida Statute Chapter 585, AAnimal Industry@; Florida Statute Chapter 828, "Cruelty to Animals"; Florida Department of Health and Rules and Regulations Chapter 10 D-3 Florida Administrative Code, Control of Communicable Diseases and Conditions Which May Significantly Affect Public Health@; No. 10 D-9.21, "Basic Principles No. 13"; No. 10 D-9.22-123, "Sewage"; Unified Land Development Code of Palm Beach County as adopted by Ordinance 92-20 as amended; Palm Beach County Ordinance No. 72-7, "Licenses, Taxation and Miscellaneous Business Regulations"; and any and all other applicable rules and regulations, policies and laws. 2. This section shall not be interpreted to require a permit from a veterinary clinic/hospital, establishment working under the direct authority and control of a veterinary clinic/hospital, humane society, government animal control shelter, hobby breeder or private stable. All other establishments as defined in this Ordinance are required to secure a permit. B. Permit Procedures 1. No person shall operate a kennel, pet shop, grooming parlor, excess animal habitat or commercial stable without first obtaining an "Operational Permit" (hereinafter, "Permit") issued by the Division. 2. A Permit shall be issued only after the Division completes an inspection and determines that the minimum requirements and standards, as set forth herein have been met. After approval, a Permit shall be issued upon payment of the applicable fee. The Permit shall be prominently displayed on the premises where animals are located. The cost of a Permit and other related fees shall be established by the Board by resolution. 3. The Permit is valid for a period of one (1) year from the date of issue, unless otherwise stated or revoked. The permit shall be renewed annually. Said Permit is not transferable, assignable or refundable. Renewal applications for Permits shall be made within thirty (30) days prior to the expiration date. 4. A new establishment shall use its initial Permit issue date as the anniversary date for the purposes of Permit expiration and renewal. 5. Each separate place of business or property shall be required to have a Permit. Each individual mobile grooming unit shall be subject to inspection and shall be required to have a separate Permit. 6. If there is a change in ownership of any kennel, pet shop, grooming parlor, mobile grooming unit, excess animal habitat, or commercial stable, the new owner shall obtain a Permit pursuant to paragraphs 2 and 3 herein. 7. It shall be a condition of the issuance of any Permit that the Division shall be allowed, at any reasonable time, to inspect without notice, all domestic animals and all premises where animals are kept. 8. No Permit shall be renewed hereunder if an applicant has had its Permit revoked by the Hearing Board within two (2) years of the date of application, or has outstanding and unsatisfied civil penalties imposed due to violations of this ordinance. C. Violations 1. For new animal establishments, failure to apply for a Permit prior to opening a kennel, pet shop, grooming parlor, excess animal habitat or commercial stable shall constitute a violation. 2. For existing animal establishments, failure to reapply for a Permit within thirty (30) days of receiving written notification from the Division, shall constitute a violation. 3. An animal control officer may conduct an investigation of any complaint concerning any defined animal establishment within Palm Beach County. 4. After an inspection has revealed non-compliance with this Ordinance, an animal control officer may issue a citation, setting forth the name of the establishment being cited, to owners or managers of an animal establishment. Said citation shall be issued in the name of the establishment's owner and also state the name of the person signing for the owner of the establishment. 5. By Notice of Adverse Action, the Division may deny, revoke or suspend any Permit if it is determined that: a. There has been a material misstatement or misrepresentation in the Permit application; b. The owner has been cited for at least three (3) violations within a two (2) year period, each resulting in the imposition of a fine; c. The owner has failed to pay a fine or to request a hearing in county court to answer the charges of a citation within ninety (90) days of issuance of the violation; d. The permit holder or any of his agents have been convicted of a violation of law involving cruelty to animals; e. An animal under the care and responsibility of a Permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in unnecessary suffering, pain or death; or f. The Permit holder and/or their employees/agents, refuses to allow the inspection of the premises. D. Appeal Process 1. Any person who has been denied a Permit or whose Permit has been revoked or suspended may appeal this action to the Hearing Board within the ten (10) day period after the Division originates the adverse action. A written Notice of Appeal and appropriate non-refundable filing fee must be filed with the Hearing Board within ten (10) days of the Notice of Adverse Action. The Board of County Commissioners is hereby authorized to establish the amount of the filing fee by resolution. 2. The appeal must be heard by the Hearing Board within thirty (30) calendar days after the owner has submitted a Notice of Appeal. The appeal may be delayed by the Division beyond the thirty (30) calendar days if the Division experiences extenuating circumstances beyond its control. 3. The person receiving the Notice of Adverse Action shall, until final disposition of the appeal, take whatever positive measures are necessary to prevent any future incidents from occurring. 4. The denial, revocation or suspension of the Permit shall be upheld or revoked by a majority vote of the Hearing Board. 5. All decisions by the Hearing Board shall be final. 6. The Hearing Board shall provide the permittee with written notice of its decision. E. Owner Requirements Following Notice of Adverse Action and/or Appeal Process 1. If the Notice of Adverse Action of denial, revocation or suspension of a Permit for a kennel, pet shop, grooming parlor, excess animal habitat or commercial pasture is not appealed or upon appeal, the Adverse Action is upheld by the Hearing Board, the establishment shall be required to humanely dispose, by means of returning to owner, sale, auction, gift or other humane method, all animals in its possession, within ten (10) days after the appeal hearing. The Division must receive written notification of the disposition and location of each animal. If after ten (10) days the animals have not been humanely disposed of, as described above, the Division shall attempt to notify owner(s) and may seize and impound any animals found to be housed or kept in violation of this Ordinance and/or Florida Statute Chapter 828.027. Such animals shall be held for fifteen (15) days and may then be sold or humanely disposed of at the discretion of the Division. The total expense of harboring and treating such animals by the Division shall be the responsibility of the revoked Permit holder or applicant. No part of the Permit fee shall be refunded. 2. Any person who has been denied a Permit upon initial application may not reapply for a period of thirty (30) days. Permit applications shall be valid for thirty (30) days in order for applicants to make corrections to meet minimum compliance specifications. 3. Any person whose Permit has been revoked may not reapply for a period of one (1) year. Each reapplication shall be accompanied by a fee to be established by the Board by resolution. No part of the reapplication fee shall be refunded. 4. Any person with a guilty adjudication of animal cruelty within the past five (5) years may not hold a permit to operate an animal establishment in Palm Beach County. F. Inspection Procedures 1. An inspection form shall be used as a guideline for the inspecting officer and the establishment. 2. Inspections of kennels, pet shops, grooming parlors, mobile grooming units, excess animal habitats and commercial pastures shall be made without notice, during normal business hours or at any reasonable time during daylight hours. All inspections shall be made in the presence of the owner, manager or person in charge of the establishment whenever possible. 3. The inspecting officer will complete the inspection form by marking unsatisfactory items. Instructions and comments will be made at the bottom of the inspection form. 4. Whenever deficiencies are noted or the Division receives a complaint from the public, a follow-up inspection of the establishment may be initiated by the Division. 5. After the inspection is complete, the owner, manager or person in charge of the establishment shall sign the inspection form whereupon a copy of the completed form will be given to the owner or manager. If the owner or manager is not present, a copy of the form will be mailed to the owner or manager and the original copy will be kept by the Division. 6. The owner or manager of the establishment shall correct or initiate corrections within seven (7) days, unless otherwise stated by the inspecting officer. G. Minimum General Operational Standards 1. Each establishment will prominently display a current, valid Palm Beach County Animal Care and Control "Operational Permit." 2. Each establishment which accepts privately owned animals into its custody, shall report to the Division, any obvious case of neglect or animal abuse pursuant to this Ordinance; or Florida Statute Chapter 828, "Cruelty to Animals." The Division's phone number shall be posted in a prominent location visible to both employees and customers. 3. Each establishment shall meet all fire safety requirements in accordance with the local fire and zoning regulations. A posted plan and diagram to evacuate all animals in case of fire shall be provided in a prominent location. 4. Each establishment shall have a working telephone available at all times in case of an emergency. The name of the establishment's veterinarian and the veterinarian's phone number shall be posted and made available to all employees and customers. 5. Every owner or manager must provide for adequate rodent and insect control. 6. Each establishment shall have sufficient lighting to permit routine inspection and cleaning of the facility, and clear observation of the animals. Animal areas must be lighted for at least eight (8) hours a day, by either natural or artificial light, corresponding to the natural period of daylight. If only artificial light, such as florescent light is provided, it must provide full-spectrum illumination. Animal enclosures must be placed so as to protect animals from excessive light. 7. All areas of each establishment shall be clean, orderly and free of garbage, unused food, standing water, litter or refuse. Garbage shall be kept in garbage cans with lids and disposed of daily. (Commercial stables refer to requirements in paragraph K.) 8. Animal excrement shall be removed by spot cleaning regularly throughout the work day. (Commercial stables refer to requirements in paragraph K.) 9. All cleaning solutions and disinfectants shall be stored and used in accordance with the manufacturer's instructions, properly labeled as to content, and shall be stored so as to not come into any contact with animals. 10. All equipment, buildings, appurtenances, plumbing, electrical wiring and electrical appliances/equipment shall be in good repair and appropriate for intended use. 11. Wherever animals are housed or cared for, floors, moldings, walls, shelves and work areas shall be of a non-porous material impervious to fecal matter and urine and which can be easily swept, wiped, mopped and disinfected daily. Carpeting as a flooring or wall covering shall not be used wherever animals are housed or maintained. (Stables refer to requirements in paragraph K.) 12. All aisles shall be kept clear to provide safe, free access throughout the establishment. 13. Establishments which fail to obtain licensed veterinary care or show proof of same, for any sick or injured animal found in their custody will be charged for violating Section 24 - ANIMAL CARE; MANNER OF KEEPING, of this Ordinance or Florida Statute Chapter 828, "Cruelty to Animals." Proof of adequate, timely, veterinary care must be provided to the inspecting officer upon request. 14. Bodies of dead animals must be disposed of according to this Ordinance and any and all other applicable county and state regulations, policies and laws. H. Minimum Operational Standards for Kennels and Excess Animal Habitats (EAH) 1. Record Keeping -- Kennels/Excess Animal Habitats a. Kennels and excess animal habitats shall keep records on all animals currently boarded, housed and/or being trained. These records shall be maintained on each animal individually. b. The information in these records shall include but not be limited to rabies vaccination, all other inoculations and prescription or medical treatment administered. In addition, kennels shall be required to obtain the owner's name, address, emergency telephone number, proof of owner's identification, and name and telephone number of owner's veterinarian. Excess animal habitats shall also include records indicating where the animal was obtained. The above information shall be available to the inspecting officer upon request. c. A medical release must be obtained from the owner or his designee, for each animal and shall become part of the animal's record so that emergency treatment can be given if the animal shows signs of illness or is injured while in the care and custody of the kennel. d. Veterinarian Inspection Certificates shall be kept on file at all times on the premises and available to the inspecting officer upon request for all animals available for sale. These certificates shall be maintained on file for one (1) year. e. All dogs housed at a kennel for training purposes shall have a training contract. The training contract shall state that the dog is housed specifically for training. The dog shall be housed in an enclosure appropriate for its breed and size to stand or sit erect, lie down in a comfortable normal position, stretch out and turn about freely. The contract shall include notice that the dog will be interacting with other pets in training classes. The contract shall be signed by the dog=s owner. 2. Animal Housing Requirements -- Kennels/Excess Animal Habitats a. For boarding kennels, dogs must be separated by a wall at least four (4) feet high or one (1) foot higher than the top of each dog's head (excluding the ears), when the dog is standing on all four (4) feet. Previously licensed establishments with walls less than four (4) feet high will be exempt from these restrictions; however, additions or renovations to existing kennels shall be completed in compliance with this Ordinance. New kennels must be constructed to comply with this Ordinance. b. For kennels, animals shall be confined and not allowed to run at large on the premises, except when housed for training and a training contract has been signed by the owner as stated in paragraph H.1.e. c. Animals housed in boarding kennels shall be separated in individual cages in the following manner: 1) Dogs from cats 2) Males from females 3) Nursing mothers with their young from all others 4) Boarding dogs from registered guard dogs By special request of the owner, as noted in the record, animals from the same household may be boarded together. d. Animals having a known or suspected communicable animal-to-human or animal-to-animal disease shall be maintained in individual cages in an isolated location where they cannot directly or indirectly come into contact with any other animals or the public. e. Applicable county and state health regulations must be followed when caring for any animal harboring an animal-to-human disease. f. Dogs kenneled for a period longer than three (3) months shall be afforded protective measures. Boarding kennel operators shall notify the Division regarding all dogs maintained at their kennel for longer than three (3) months and shall comply with the following requirements: 1) Arrange for a professional behaviorist or trainer to visit once every three (3) months for the purpose of evaluation, therapeutic or obedience training. 2) A veterinarian examination prior to the fourth month of confinement, and every ninety (90) days thereafter. Dogs not maintained on a heartworm preventative program shall be given an occult heartworm test and started on preventative or treated forsame. 3) Each week a minimum of fifty (50) minutes for play, interaction, grooming and/or training. This may be done by volunteers, however, dogs with medical conditions prohibiting play or training sessions shall be excluded from this requirement upon written certification of the medical condition by a licensed veterinarian. 4) Records shall be kept at the boarding facility evidencing compliance with the above. 5) Failure to comply with any of these requirements or defeating the requirements for these protective measures is a violation of this Ordinance. Transferring a dog among boarding facilities or veterinary offices in excess of a total of three (3) months consecutively or cumulatively within a twelve (12) month period or by transferring ownership or control of the dog to another person or entity is a violation of this Ordinance. 3. Physical Facility Requirements -- Kennels/Excess Animal Habitats a. Floors and kennel/cage walls of all animal enclosures shall be made of non-porous material impervious to fecal matter and urine and which can be easily disinfected. The floors shall slope toward the drains or troughs. b. The premise shall have drainage and plumbing adequate to handle the heavy load of daily cleaning. c. Indoor/Outdoor Housing Facilities 1) Heating, cooling and temperature: a) The indoor part of indoor/outdoor housing facilities for dogs and cats must be sufficiently heated and cooled to protect the dogs and cats from cold and hot temperatures and to provide for their health, comfort and well-being. b) When animals are present, the ambient temperature in the facility must not fall below 40E degrees F (4.5E degrees C) for animals not acclimated to lower temperatures. Such animals would include those species which cannot tolerate lower temperatures without stress or discomfort (i.e., short-haired breeds, sick, aged, young, infirm dogs and cats, and small domestic animals). 2) Ventilation: a) The enclosed or sheltered part of housing facilities for dogs and cats must be sufficiently ventilated when dogs or cats are present to provide for their health, comfort and well-being, and to minimize odors, drafts, ammonia levels and moisture condensation. b) Air, preferably fresh air, must be provided through windows, doors, vents, fans or air-conditioning. c) Auxiliary ventilation, such as exhaust fans or air-conditioning, must be provided when the ambient temperature is 90E degrees F (32.5E degrees C) or higher. d. Outdoor Housing Facilities 1) Shelter From The Elements -- Shelters in outdoor facilities for dogs and cats shall: a) Provide the dogs and cats with adequate protection and shelter from the cold and heat; b) Provide the dogs and cats with protection from the direct rays of the sun and the direct effect of wind and rain; c) Be provided with a wind break and rain break at the entrance; d) Contain clean, dry, bedding material; e) When the outdoor temperature falls below 40E degrees F (4.5E degrees C), all cats, small domestic animals and those dogs which cannot tolerate such temperatures without stress or discomfort (i.e., short-haired breeds, sick, aged, young and infirm), must be either moved indoors or adequate heating must be provided to maintain the temperature above the 40E degree F (4.5E degrees C) range. f) Animals must be protected from the elements at all times. e. Individual beds or an appropriate platform is recommended to prevent animals from lying directly on the floor. This requirement is optional whenever the animal rejects the bed or platform. f. Animal Enclosures 1) General Requirements a) Animal enclosures must be designed and constructed of suitable materials so they are structurally sound. The animal enclosures must be kept in good repair. b) Animal enclosures must be constructed and maintained so they: (1) Have no sharp points or edges which could injure the dogs and cats; (2) Protect the dogs and cats from injury; (3) Keep predators and unauthorized individuals from accessing the enclosure; (4) Enable the dogs and cats to remain dry and clean; (5) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs and cats; (6) Are shaded to shelter all the dogs and cats housed in the animal enclosure; (7) Provide the dogs and cats with easy and convenient access to clean food and water; (8) Enable all surfaces in contact with the dogs and cats to be readily cleaned and disinfected; and (9) Have floors which are constructed in a manner that protects the dogs' and cats' appendages from injury, and that if of mesh or slatted construction, will not allow the dogs' and cats' appendages to pass through any openings in the floor. c) Airline type containers normally used for shipping and transporting animals shall not be used to permanently house animals, except for training and sleeping purposes. Such containers shall allow sufficient space for each animal, appropriate to its species, breed and size to stand erect, lie down in a comfortable, normal position, stretch out and to turn about freely. Those dogs housed for training shall not be kept longer than eight (8) hours unless space requirements are met as required in paragraph d) herein. These containers may be used in temporary situations for animals with medical, mental or behavioral problems stipulated and certified by a State of Florida licensed veterinarian. All requirements of this section and Section 24 - ANIMALS CARE; MANNER OF KEEPING must be met. d) Space Requirements for Dogs Housed More Than Eight (8) Hours: (1) Guidelines for minimum sizes for indoor/outdoor dog runs for large dogs over fifty (50) pounds shall be twenty-four (24) square feet. (2) Guidelines for minimum sizes for indoor/outdoor dog runs for medium dogs thirty-six (36) to fifty (50) pounds shall be twenty (20) square feet. (3) Guidelines for minimum sizes for indoor/outdoor dog runs for small dogs twenty-one (21) to thirty-five (35) pounds shall be twelve (12) square feet. (4) Guidelines for minimum sizes for indoor/outdoor dog runs for dogs eleven (11) to twenty (20) pounds shall be eight (8) square feet. (5) Guidelines for minimum sizes for indoor/outdoor dog runs for dogs ten (10) pounds and under shall be six (6) square feet. (6) The interior height of an indoor/outdoor dog run must be at least six (6) inches higher than the highest point of the body (normally the ears) of the dog in the enclosure when it is in a normal standing position. (7) The provisions of this Ordinance and any amendments hereto, relating to kennel/run sizes, shall not affect the validity of any existing permitted kennel prior to the effective date of this Ordinance. e) Space Requirements for Cats (1) Each cat (including weaned kittens) that is housed in any animal enclosure must be provided minimum vertical space and floor space as follows: (a) Each animal enclosure housing cats must be at least twenty-four (24) inches high; (b) Cats up to and including nine (9) pounds must be provided with at least three (3) square feet; and (c) Cats over nine (9) pounds must be provided with at least four (4) square feet. (2) Compatibility (a) All cats housed in the same animal enclosure must be compatible and have the same owner. (b) No more than twelve (12) adult cats may be housed in the same animal enclosure. (c) Queens in heat may not be housed in the same animal enclosure with any mature males, except for breeding purposes. (d) Queens with litters may not be housed in the same animal enclosure with other adult cats. (e) Kittens under four (4) months of age may not be housed in the same animal enclosure with adult cats. (f) Cats with a vicious or aggressive disposition must be housed separately. (3) Cat Litter (a) In all animal enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes. (b) Litter pans shall be cleaned and changed daily or more often when necessary. (4) Resting Surfaces (Perches) (a) Each animal enclosure housing cats should contain a solid resting surface or surfaces that, in the aggregate, are large enough to hold all the occupants of the animal enclosure at the same time comfortably. (b) The resting surfaces must be elevated, impervious to moisture and able to be easily cleaned and disinfected, or easily replaced when soiled or worn. (c) The resting surfaces shall not be considered part of the minimum floor space. 4. Food and Water Requirements: Dogs and Cats -- Kennels/Excess Animal Habitats a. Food shall be stored in rodent, pest and moisture proof containers with lids. Containers shall be clearly and properly labeled as to contents. b. Fresh water shall be available to all animals at all times and shall be maintained in a container in such a manner that animals cannot turn container over. c. Food and water shall be fresh, appropriate and free from contamination. 5. Cleaning Procedures: Kennels/Runs and Cages (Animal Enclosures) -- Kennels/Excess Animal Habitats a. Kennels/runs/cages including floors, walls and doors shall be cleaned, disinfected and dried daily. b. Dogs and Cats shall not be directly exposed to water or disinfectant and shall be removed from animal enclosures during cleaning procedures. c. Drains and walkways adjacent to kennels/runs/cages shall be hosed and disinfected daily. d. Kennels/runs/cages shall be spot cleaned as necessary to remove animal excrement throughout the day. e. Food dishes and water bowls shall be cleaned and disinfected daily. f. Cleaning shall insure that fumes from excreta and urine do not adversely affect the lungs of animals or humans. I. Minimum Operational Standards for Pet Shops 1. Record Keeping -- Pet Shops a. Pet shops shall maintain a reference file on all dogs and cats currently in the pet shop. The records in this file shall be maintained on each animal individually and shall include the animal's "Certificate of Veterinary Inspection" (hereinafter, "Certificate") pursuant to Florida Statute Chapter 828.29, signed by the examining veterinarian licensed by the State of Florida, showing the age, sex, color and health record of the dog or cat. b. For animals which are transported into the State of Florida, the Certificate shall show the official assigned United States Department of Agriculture (USDA) number. c. The Certificate shall list the printed or typed names and addresses of the person(s) or business from whom the animal was obtained, the consignor or seller, the consignee or purchaser, and the examining veterinarian and his/her license number. All dogs and cats must be examined by the pet shop=s veterinarian after their arrival in Palm Beach County. d. The Certificate shall list all vaccines and deworming medications administered to the dog or cat, including the manufacturer, vaccine, type, lot number, expiration date and the dates of administration thereof, and shall state that the examining veterinarian warrants that to the best of his/her knowledge, the dog or cat has no contagious or infectious diseases and has no internal or external parasites, including coccidiosis, ticks and ear mites, but excluding fleas. e. Palm Beach County requires that this Certificate be revalidated every thirty (30) days by a State of Florida licensed veterinarian. This revalidation shall include the signature of the examining veterinarian and date. f. Any dog or cat offered for sale within Palm Beach County shall be accompanied by the Certificate at all times while being offered for sale within the county. The examining veterinarian shall retain one copy of the Certificate on file for at least one (1) year after the date of the last examination. g. Pet shops shall also include on the Certificate the medical diagnosis and/or required medical treatment as determined by the pet shop=s veterinarian. The veterinarian may authorize designated personnel to administer medications and/or treatments. All medications and treatments must be logged on the Certificate. h. At the time of sale of the dog or cat, one (1) copy of the Certificate shall be given to the buyer. The pet shop shall retain one (1) copy of the Certificate for at least one (1) year after the date of sale. i. Certificates of all deceased dogs and cats shall be kept for at least one (1) year from the date of death. The known or suspected cause of death shall be noted by the pet shop's veterinarian and the veterinarian's signature shall be affixed to the Certificate. j. All records shall be kept on the premises and made available to the inspecting officer upon request. 2. Animal Housing Requirements -- Pet Shops a. Animals having a known or suspected communicable animal-to-human or animal-to-animal disease shall be maintained in individual cages in an isolated location where they cannot directly or indirectly come into contact with other animals or the public. b. Animals with diseases which can be airborne must be isolated in an area with independent ventilation. c. No animal shall be housed which cannot stand on its own or which has a life threatening disease. Such animals must be housed under the direct care of a veterinary hospital/clinic or humanely euthanized. d. State and county health regulations must be followed when caring for any animal harboring an animal-to-human disease. 3. Animal Care -- Pet Shops a. Each animal shall be examined daily by store personnel for signs of illness or injury. Any suspected illness or injury shall be reported to the store owner or manager immediately. Any sick animal shall be immediately isolated and bedding material and feces shall be removed and discarded. Display areas, holding crates, cages or animal enclosures, trays and feeding equipment used by the sick animal shall be disinfected immediately after every diagnosed/suspected sick or injured animal has been isolated. A veterinarian shall be consulted immediately for sick or injured dogs and cats, and if possible, said animals shall be removed from the premises or placed in isolation. b. Any dog or cat having a suspected injury or communicable or infectious disease must be examined by a veterinarian within twenty-four (24) hours. c. Failure to obtain adequate, timely care from a licensed veterinarian for any diseased or injured dog or cat found in the custody of any establishment shall be a violation of this Ordinance and/or Florida Statute Chapter 828, "Cruelty to Animals." Proof of adequate and timely veterinary care must be provided to the inspecting officer upon request. d. All dogs and cats shall be seen, within two (2) business days of arrival into Palm Beach County, by a veterinarian licensed and practicing within the State of Florida. All animals which show signs or symptoms of injury, contagious or infectious disease shall be seen by a veterinarian within twenty-four (24) hours and at least one (1) other time prior to being sold to certify that they are free from illness or injury. e. All other small domestic animals (i.e., rabbits, gerbils, hamsters, guinea pigs and all other rodents) shall be cared for pursuant to general guidelines and accepted animal husbandry standards as set forth for rodent care. Individual record keeping and veterinary consultation are not required. Every animal housed in any animal enclosure, cage, aquarium, cubical or hutch shall be able to stand, sit up, turn around or stretch without touching the sides or each other. Sick animals must be removed/isolated from the other animals or humanely euthanized. 4. Physical Facility Requirements -- Pet Shops a. All animals shall be contained in appropriate animal enclosures and shall not be permitted to be at large in the facility. b. All cages and animal enclosures shall be constructed in such a way that they can be maintained in a clean, dry and sanitary manner. All cages and animal enclosures shall be made of non-porous material, impervious to fecal matter and urine, which can be easily disinfected. c. Heating, Cooling and Temperature 1) Indoor housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from cold and hot temperatures and to provide for their health, comfort and well-being. 2) When animals are present, the ambient temperature in the facility must not fall below 50E degrees F (10E degrees C) for animals not acclimated to lower temperatures. Such animals would include short-haired breeds, sick, aged, young, infirm dogs and cats, and small domestic animals. 3) The ambient temperature must not fall below 50E degrees F (10E degrees C) or must not rise above 85E degrees F (35E degrees C) at any time. d. Ventilation 1) Indoor housing facilities for animals must be sufficiently ventilated at all times when animals are present to provide for their health, comfort and well-being, and to minimize odors, drafts, ammonia levels and moisture condensation. 2) Air, preferably fresh air, must be provided through windows, vents, fans (exterior) or air-conditioning. 3) Auxiliary ventilation or air-conditioning must be provided when the ambient temperature is 85E degrees F(30E degrees C) or higher. e. Cages/Animal Enclosures 1) Animal enclosures must be designed and constructed of suitable materials so they are structurally sound. Animal enclosures must be maintained in good repair. 2) Animal enclosures must be constructed and maintained so that they: a) Have no sharp points or edges that could injure animals; b) Protect animals from injury; c) Keep predators and unauthorized individuals from accessing the enclosure(s); d) Provide animals with easy and convenient access to clean food and water; e) Enable all surfaces in contact with animals to be readily cleaned and disinfected. f) Have floors which are constructed in a manner that protects the animals' appendages from injury, and that if of mesh or slatted construction, will not allow the animals' appendages to pass through any openings in the floor. 3) Space Requirements for Dogs a) The guideline for minimum size for an animal enclosure for a dog ten (10) pounds and under shall be three and one half (3.5) square feet. b) The guideline for minimum size for an animal enclosure for a dog from eleven (11) to twenty (20) pounds shall be six (6) square feet. c) The guideline for minimum size for an animal enclosure for a dog from twenty-one (21) to thirty-five (35) pounds shall be eight (8) square feet. d) The guideline for minimum size for an animal enclosure for a dog from thirty-six (36) to fifty (50) pounds shall be twenty (20) square feet. e) The guideline for minimum size for an animal enclosure for a dog over fifty (50) pounds shall be twenty-four (24) square feet. f) The interior height of each animal enclosure for a dog must be at least six (6) inches higher than the highest point of the body (normally the ears) of the dog in the enclosure when it is in a normal standing position. g) All dogs over thirty-five (35) pounds shall be required to be exercised on a leash three (3) times per day for a minimum of ten (10) minutes per exercise period. 4) Space and Other Requirements for Cats a) Each cat that is housed in any animal enclosure must be provided minimum vertical space and floor space as follows: (1) Each animal enclosure housing cats must be at least twenty-two (22) inches in interior height. (2) Cats up to and including nine (9) pounds must be provided with at least three (3) square feet. (3) Cats over nine (9) pounds must be provided with at least four (4) square feet. b) Compatibility (1) All cats housed in the same animal enclosure must be compatible, as determined by observation. (2) Kittens under four (4) months of age may not be housed in the same animal enclosure with adult cats. c) Litter (1) In all cat enclosures, a receptacle containing sufficient clean litter must be provided to collect excreta and body wastes. (2) Litter pans shall be cleaned and changed daily or more often if necessary. d) Resting Surfaces (1) Each animal enclosure housing cats should contain a solid resting surface or surfaces that, in the aggregate, are large enough to hold all the occupants of the animal enclosure at the same time comfortably. (2) The resting surfaces must be elevated, impervious to moisture and able to be easily cleaned and disinfected, or easily replaced when soiled or worn. (3) The resting surfaces shall not be considered part of the minimum floor space. 5. Food and Water Requirements -- Pet Shops a. Food shall be stored in rodent, pest and moisture proof containers with lids. Containers shall be clearly and properly labeled as to contents. b. Fresh water shall be available to all animals at all times and shall be maintained in a container in such a manner that animals cannot turn container over. c. Food and water shall be fresh, appropriate and free from contamination. 6. Cleaning Procedures: Dogs and Cats -- Pet Shops a. Dogs and cats shall not be directly exposed to water or disinfectant and shall be removed from animal enclosures during cleaning procedures. b. The entire cage including top, sides, floor, grate, wall and door shall be cleaned with soap and disinfected, rinsed and dried daily. c. Drains and walkways adjacent to cages shall be cleaned with soap and disinfected daily. d. Runs and cages shall be spot cleaned as necessary to remove animal excrement throughout the day. e. Food dishes and water bowls/containers shall be cleaned and disinfected daily. f. Cleaning shall insure that fumes from excreta and urine do not adversely affect the lungs of animals or humans. J. Minimum Operational Standards for Grooming Parlors and Mobile Grooming Units 1. Record Keeping -- Groomers a. All grooming parlors and mobile grooming units shall maintain a record of all animals currently on premises or being groomed. b. A medical emergency release form must be obtained from the owner of each animal so that emergency treatment can be given if an animal shows signs of illness or is injured while in the care and custody of the grooming parlor/unit. c. The information on this medical release form shall include, but not be limited to: the owner's name, address, emergency telephone number, owner's veterinarian and veterinarian's telephone number. This information shall be provided to the inspecting officer upon request. 2. Physical Facility Requirements -- Groomers a. All animals shall be contained in appropriate animal enclosures and shall not be permitted to be at large in the facility. b. All cages and animal enclosures shall be constructed in such a way that they can be maintained in a clean, dry and sanitary manner. All cages and animal enclosures shall be made of non-porous material, impervious to fecal matter and urine, which can be easily disinfected. c. Heating, Cooling and Temperature 1) Indoor facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the dogs and cats from cold and hot temperatures and to provide for their health, comfort and well-being. 2) When dogs and cats are present, the ambient temperature in the facility must not fall below 50E degrees F (10E degrees C) for dogs and cats not acclimated to lower temperatures and for those breeds that cannot tolerate lower temperatures without stress or discomfort (such as short-haired breeds). 3) The ambient temperature must not fall below 50E degrees F (10E degrees C) and must not rise above 85E degrees F (30E degrees C) at any time. d. Ventilation 1) Indoor facilities for dogs and cats must be sufficiently ventilated at all times when dogs and cats are present to provide for their health, comfort and well-being, and to minimize odors, drafts, ammonia levels and moisture condensation. 2) Air, preferably fresh air, must be provided through windows, vents, fans or air-conditioning. 3) Auxiliary ventilation or air-conditioning must be provided when the ambient temperature is 85E degrees F (29.5E degrees C) or higher. 4) Proper ventilation shall insure that the fumes from urine do not adversely affect the lungs of the animals or humans. e. Cages/Animal Enclosures 1) Animal enclosures must be designed and constructed of suitable materials so they are structurally sound. Animal enclosures must be maintained in good repair. 2) Animal enclosures must be constructed and maintained so that they: a) Have no sharp points or edges that could injure dogs and cats; b) Protect dogs and cats from injury; c) Keep predators and unauthorized individuals from accessing the enclosure; d) Provide dogs and cats with easy and convenient access to clean water as needed; e) Enable all surfaces in contact with dogs and cats to be readily cleaned and disinfected. f) Have floors which are constructed in a manner that protects the dogs' and cats' appendages from injury, and that if of mesh or slatted construction, will not allow the dogs' and cats' appendages to pass through any openings in the floor. 3) Animal enclosures for dogs and cats which are housed for less than twelve (12) hours must provide sufficient space for each dog and cat, appropriate to its species, breed and size to stand erect, lie down in a comfortable, normal position, stretch out, and to turn about freely. 4) In order to house animals for more than twelve (12) hours, a kennel permit must be obtained from the Division. 3. Animal Care -- Groomers a. Each cage and animal enclosure including top, sides, floor, grate and door shall be cleaned with soap and disinfected, rinsed and dried after each animal occupant. b. Clippers, combs, brushes and any other equipment shall be disinfected after each animal grooming. c. Clean, separate drying towels shall be used for each individual animal groomed. d. Every grooming facility must use tepid water for the purpose of washing dogs and cats. Cold water is not acceptable. e. Grooming bathtubs shall be cleaned with soap and disinfected and rinsed after each animal grooming. Grooming bathtubs shall be maintained free of mold and mildew. f. Clippers, dryers, combs, brushes and any other grooming equipment shall be maintained in good repair so that they are appropriate for the intended safe use per the manufacturers' or suppliers' instructions. g. No animal having a known or suspected communicable or infectious disease, shall be accepted for grooming care by a grooming business. h. No animal is to be housed overnight at any grooming parlor/unit unless the premise is also permitted as a kennel. K. Minimum Operational Standards for Commercial Stables 1. Record Keeping Requirements -- Commercial Stables a. Commercial stables shall keep a reference file on all animals. These files shall be maintained on each animal individually. The information in these files shall include but not be limited to vaccination records, medical treatment administered at the facility, owner's name, address, emergency telephone number, proof of owner=s identification, and name and telephone number of owner's veterinarian. b. A medical release must be obtained from the owner or his designee, for each animal and shall become part of the animal's record so that emergency treatment may be given if the animal shows signs of illness or injury while in the care and custody of the commercial stable. c. A copy of a current (within the previous twelve (12) months) negative Coggins test (equine infectious anemia) shall be on record for each equine (except nursing foals) boarded or kept at a commercial stable. No equine shall be accepted for board unless a current (within the past twelve (12) months) negative Coggins test record is produced by the owner. d. All records shall be made available to the inspecting officer upon request. 2. Physical Facility Requirements -- Commercial Stables a. Barn 1) All barns shall be well ventilated so as to have free flow of air or forced ventilation. 2) All feed and tack rooms shall be kept clean and orderly, clear of litter and refuse. Aisles shall be kept clear to provide free exit of stabled animals. 3) All barns or structures shall be in good repair with no water leaks. The floor of all stalls shall be free of standing water. There shall be sufficient drainage on the property to prevent accumulation of persistent standing water in paddock areas. 4) Manure which has been removed from stalls and paddocks shall be maintained at least seventy-five (75) feet from the nearest animal stall. Manure shall be situated so as to assure that there shall be no run-off into canals or retention ponds. b. Pasturing 1) Every owner or manager of any commercial stable shall make daily observation of all animals housed or boarded on the property. 2) Adequate water containers shall be available in all pasture areas sufficient to supplement all equine during dry periods when retention ponds lack sufficient clean water. Stagnant water with floating algae is unacceptable for drinking. 3) Separate feed buckets for each equine shall be used when feeding. When a feed trough or bunker is used, there shall be two (2) lineal feet per head or a two (2) foot feed box for each animal. 4) Every commercial stable shall have sufficient drainage in order to provide sufficient dry land for all animals pastured and to prevent accumulation of persistent standing water over the entire pasture. 5) As necessary, all pasture areas shall be dragged to spread and remove manure. Pasture rotation is recommended if sufficient pasture area is available. c. Exercise Area 1) A designated safe exercise area, which is a minimum of two thousand five hundred (2,500) square feet, shall be provided for all equine. 2) This exercise area shall be appropriately fenced. 3) Equine shall be provided appropriate exercise as recognized by accepted animal husbandry practices. d. Paddock Area 1) Paddock areas are not required. 2) If an optional paddock area is provided, the area provided shall be a minimum of one hundred (100) square feet up to a maximum of two thousand five hundred (2,500) square feet. 3. Food and Water Supplies -- Commercial Stables a. Opened food bags shall be stored in rodent, pest and moisture resistant containers with lids and properly labeled as to content. b. Unopened food bags shall be stored off the ground and kept clean and dry. c. Stored hay shall be kept clean and dry. d. Fresh water, free of algae, shall be available to all animals at all times. e. Hay provided to equine must be distributed to prevent contamination from manure, urine and stagnant water. 4. Animal Housing Requirements -- Commercial Stables a. Any animal having a known or contagious disease or suspected of having a contagious disease, shall be contained in an area away from other animals. This area shall be clearly and visibly posted with signage stating: "CONTAINS QUARANTINED ANIMALS." b. The owner or manager of any commercial stable that has an animal with a known or suspected contagious or infectious disease must seek immediate veterinary care for that animal and follow veterinary instructions. c. Stalls which are used to house animals shall be large enough to allow the animal to stand in an erect position, turn without touching the sides or move about without restriction. d. All animals must be securely confined and not permitted to run at large. e. All fences must be secure and safe to prevent injury (i.e., no broken rails, exposed nails, etc.; barbed (where permitted) or any other kind of wire must be taut and sufficiently marked to be visible to livestock). 5. Cleaning Procedures -- Commercial Stables a. Stalls shall be cleaned daily. Paddocks shall be cleaned as often as necessary. Manure, urine soaked hay, shavings, straw or bedding must be removed daily and replaced with clean dry hay, shavings, straw or bedding. b. All stalls and paddock areas shall be free of safety hazards (i.e., nails, wire, rocks, wood, other debris or loose fencing upon which animals may become injured). c. All water containers, buckets, troughs and the like, shall be maintained in such a manner as to be kept free of floating algae. d. All owners or managers of any commercial stable shall check for and remove any poisonous plants growing in or near where horses are being housed or boarded. e. All chemicals, pesticides, cleaning solutions and disinfectants shall be stored in accordance with manufacturers= instructions, properly labeled as to content and away from contact with animals.
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Main Facility Shelter Hours: Main Phone: West County Pahokee Facility |
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