(formerly § 5-67) ANIMAL BUSINESS LICENSING - REGULATIONS

The following standards for Pet Shops and Commercial Kennels are adopted under Section 5-404 (a)(1 and 2); Animal Business Licensing; Chapter 5, Animal Control; Montgomery County Code, 1999, as amended.

A. License Requirements:

1. A person, association or corporation must not provide services for a fee without an annual license from the Division.

2. A license issued shall expire on June 30 of each year unless earlier suspended or revoked. A license issued shall be prominently displayed at all times in the establishment for which it is issued.

3. The holder of any expiring license desiring a new annual license to be effective on the expiration of the existing license must, not less than 30 days nor more than 60 days before the expiration of the existing license, file a written application for renewal with the animal control officer. The applicant must complete the form provided and pay the annual renewal fee. The animal control officer must notify the license holder at least 60 days before a license expires. Before a license is issued, the applicant must be inspected and approved for the following:

B. Minimum Standards for the Housing and Care of Animals Generally.

1 . Bedding. There shall be sufficient clean, dry bedding to meet the needs of each individual animal.

2. Cages. All cages are to be constructed of a non-absorbent, nonporous material. All cages, except bird cages, shall have floors of either solid construction or woven wire mesh construction or any combination thereof. Cages having woven or wire mesh floors may be used to confine or display animals, provided that the spaces between the wire mesh or weave are smaller than the pads of the feet of the animals confined therein. Cages having wire construction shall be constructed of wire which is of sufficient height to permit every animal confined therein to stand normally to its full height and to turn.

3. Death Records. Every licensed facility shall keep a permanent record of the deaths of any warm blooded animals, excluding rodents, under its control. Such record shall state the species of the deceased animal, the date and cause of death, if known (this standard does not apply to Commercial Kennels).

4. Disease or illness. Any animal which exhibits symptoms of disease or illness shall be separated to the greatest extent possible from other healthy animals. Any animal confined for either diagnostic observation or treatment of disease or illness shall likewise be separated from healthy animals. No animal which is known to have or may reasonably be suspected of having a disease contagious or communicable to humans may be offered for sale by any duly licensed pet shop or kennel.

5. Drinking water. Fresh water shall be available to all animals and replaced whenever necessary during each day, including Sundays and holidays.

6. Feeding. All animals requiring the daily intake of food shall be fed at least once each twenty-four hour period, including Sundays and holidays. The type of food provided shall be appropriate for each particular species and shall be of sufficient nutritive content for the health and well-being of the species.

7. Hot water. There shall be available for cleaning and sanitation, at pet shops and commercial kennels, a sufficient supply of hot running water at a minimum temperature of one hundred sixty (160) degrees Fahrenheit.

8. Sanitation. All areas of confinement, display areas, storage areas and sales areas shall be maintained in a rodent-proof and sanitary condition. These areas shall be cleaned and disinfected regularly as conditions warrant it. All cages shall be cleaned and disinfected daily. Feed and water dishes shall be emptied and sanitized at least once daily, including Sundays and holidays.

9. Separation of animals by species. Animals except fish of different species may not be confined or displayed in the same cage.

10. Surgery. No employee or keeper or other person who is not a licensed veterinarian may crop ears, dock tails or perform any type of animal surgery.

11. Temperature control. Room temperature shall be maintained at a level which is appropriate and healthful for each particular species of animal contained therein. It shall be unlawful for any establishment to harbor any animal, bird, or other creature requiring for its health special atmospheric conditions or air temperature unless the appropriate conditions or temperature is maintained in the room in which the animal, bird or other creature is confined.

12. Treatment. All animals exhibiting symptoms of illness or disease shall be examined and appropriately treated by a licensed veterinarian. If required, diseased animals shall be humanely destroyed under the supervision of a licensed veterinarian.

13. Ventilation. All rooms in which animals are displayed or confined shall either be connected to an outside ventilating system or some other appropriate means of ventilation and air filtration shall be provided.

C. Special provisions as to dogs and cats.

1. No more than two (2) adult dogs or cats may be confined or displayed in the same cage.

2. Infant animals may not be confined or displayed in the same cage with adult animals other than their dam.

3. Pugnacious or vicious animals shall be isolated from other animals.

4. Dogs which have been weaned shall be taken from cages and allowed to exercise at least twice daily, including Sundays and holidays.

5. Dogs and cats under four (4) months old shall be fed at least twice each twenty-four hour period, including Sundays and holidays.

6. Dogs and cats under the age of eight (8) weeks may not be displayed or offered for sale.

7. Unaltered animals of different sex shall not be housed in the same cage.

D. Pet Shops — Special provisions as to simians, birds, fish and turtles.

1. Simians. All cages in which simians are confined or displayed shall be at least twice the height of the simians confined therein.

2. Birds.

a. Each bird cage shall contain at least two (2) horizontal perches and provide sufficient perch space for every bird confined therein. Perches shall not be aligned vertically.

b. In addition to birdseed and water, each bird cage shall contain an amount of fresh gravel needed for digestion sufficient for the number of birds contained therein.

c. Parrots and other large birds shall not be confined or displayed in a cage with smaller birds.

3. Fish. The water temperature in a fish tank shall be maintained at a constant level appropriate for the fish confined therein. If necessary, for purposes of health or sanitation, fish tanks shall be equipped with an efficient circulating pump and filter.

4. Turtles.

a. Cages or tanks in which turtles of the amphibious type are confined must contain an amount of water sufficient for each turtle to eat and moisten itself.

b. The floor area of tanks in which turtles are confined must contain a dry area sufficient for each turtle contained therein.

c. The shells of turtles shall not be painted or carved nor shall decals be affixed thereto.

The following standards for Dog and Cat Fanciers are adopted under Section 5-404(a)(3); Animal Business Licensing; Chapter 5, Animal Control; Montgomery County Code, 1999, as amended.

Requirements:

A. A fancier must obtain from the Division an annual license for the fancier's kennel and must observe certain practices in the care and sale or transfer of animals. The fancier must include the license number in any advertisement to sell or otherwise transfer ownership of a dog or cat. The license fee must be based on the number of adult dogs or cats kept in the kennel. Dogs and cats kept in a fancier's kennel are exempt from the individual license requirements of this Chapter. Any dog or cat that leaves the fancier's kennel must have identifying tags with the fancier's name and address.

B. A license issued shall expire on June 30 of each year, unless earlier suspended or revoked. Each license issued under this article shall be prominently displayed at all times in the establishment for which it is issued. The holder of any expiring license desiring a new annual license to be effective on the expiration of the existing license must, no less than 30 nor more than 60 days before the expiration of the existing license, file a written application for renewal with the animal control officer. The applicant must complete the form provided and pay the annual renewal fee. Licensees must be notified by the animal control officer at least 60 days before a license expires.

C. All animals shall be kept current on annual vaccinations for diseases, shall be tested and kept current on preventative treatment of heartworm, and shall have fecal tests and treatment as needed. Fanciers shall provide these records to the Department upon request.

D. All offspring shall be up to date on shots and wormings as recommended by the fancier's veterinarian when placed in a new home, and a medical record shall be provided to the new owner. Offspring must be a least 8 weeks of age before being placed in a new home.

E. Fanciers shall complete a Juvenile License Registration form, provided by the Department, for all offspring placed in Montgomery County. The registration form consists of four copies. The fancier shall return the completed original (top) copy to the Department within a month of the offspring's placement. The fancier shall retain the completed second copy, and the bottom two completed copies shall be given to the new owner, along with the Juvenile License Explanation Sheet provided by the Department. Information on the Department's Low-Cost Altering Program, provided by the Department, shall also be given to any new owner residing in Montgomery County.

F. The fancier must keep records of the total number of offspring placed. The fancier's records shall include the number of offspring placed out of County, such out of County placement exempting them from the requirements of Section E, above. The records shall be made available to the Department on request.

G. The keeping of animals under a fancier's license is for the continuation of the hobbies of showing, hunting, and obedience training.

H. A license for a Fancier will not be issued or renewed by the animal control officer until an inspection is completed by the Division of the areas where animals are housed.

The following standards for Riding Schools or Stables are adopted under Section 5-404 (a)(4); Animal Business Licensing; Chapter 5, Animal Control, Montgomery County Code, 1999, as amended.

A. License requirements:

1. A person, association or corporation must not provide services for a fee without an annual license from the Division.

2. A license issued shall expire on June 30 of each year unless earlier suspended or revoked. A license issued shall be prominently displayed at all times in the establishment for which it is issued.

3. The holder of any expiring license desiring a new annual license to be effective on the expiration of the existing license must, not less than 30 days nor more than 60 days before the expiration of the existing license, file a written application for renewal with the animal control officer. The applicant must complete the form provided and pay the annual renewal fee. The animal control officer must notify the license holder at least 60 days before a license expires.

4. A license to operate a riding school or stable will not be issued or renewed by the animal control officer unless the following certificates have been filed with the Division not more than 30 days before the animal control officer issues or renews the license:

a. A certificate from a doctor of veterinary medicine stating that each individual horse or pony available for hire is physically sound for riding purposes.

b. A certificate from the Fire Marshall stating that the stable and stable area used by the riding school or stable are in compliance with Chapter 22.

c. A certificate from the health officer stating that the stable and stable area are in compliance with the sanitary regulations set forth.

d. Before a license is issued the applicant must be inspected and approved for the following:

B. Special provisions for horses and ponies.

Any licensee operating a riding school or stable shall provide suitable food, water and shelter for the horses and ponies under his control. Such licensee shall also comply with the following standards:

1. All building and sheds used for stabling horses and ponies shall be well lighted and ventilated and shall be provided with sufficient feed troughs or boxes.

2. All buildings and sheds used for stabling horses or ponies shall be kept clean and in good repair at all times and all manure shall be removed therefrom daily. A manure pile shall not be allowed to stand for a period longer than one (1) month from October 15 through April 30 or for four (4) days from May 1 through October 14.

3. Any enclosure where horses or ponies are kept shall be graded and drained so as to keep the surface reasonably dry. No garbage, fecal matter or similar matter shall be placed or allowed to remain in such enclosure for a period not to exceed one (1) month from October 15 through April 30 or for four (4) days from May 1 through October 14. No open drain shall be allowed to run through such enclosure.

4. No horse or pony shall be let for riding purposes which has not been certified by a doctor of veterinary medicine as physically sound for riding purposes.

5. The animal control officer may at any time require that a particular horse or pony owned by or under the control of a licensee and available for hire for riding purposes not be let for hire until the licensee gives the animal control officer a certificate of examination as of the date the certificate is requested, signed by a doctor of veterinary medicine, that the horse or pony is physically sound for riding purposes.

The following standards for Groomers, Trainers and Guard Dog Operators are adopted under Section 5-404 (a)(6); Animal Business Licensing; Chapter 5, Animal Control; Montgomery County Code, 1999, as amended.

A. License Requirements:

1. A person must not provide Groomer, Trainer or Guard Dog services for a fee without an annual license from the Division.

2. A license issued shall expire on June 30 of each year unless earlier suspended or revoked. A license issued shall be prominently displayed at all times and the license number must be contained in any advertisement.

3. The holder of any expiring license desiring a new annual license to be effective on the expiration of the existing license must, not less than 30 nor more than 60 days before the expiration of the existing license, file a written application for renewal with the animal control officer. The applicant must complete the form provided and pay the annual renewal fee. The animal control officer must notify licensees at least 60 days before a license expires.

B. Special provisions for Groomers, Trainers and Guard Dog Operators:

1. Groomers. A license to provide grooming services for a fee will not be issued or renewed by the animal control officer unless the applicant provides documentation of completion from a certified grooming school. The Director of animal control may make special exemptions or waivers. A license to provide grooming services for a fee will not be issued until the animal control officer inspects and passes the facility and or equipment used to provide the grooming services.

2. Trainers. A license to provide animal behavior modification services or classes for a fee will not be issued or renewed by the animal control officer unless the applicant provides documentation of experience and a minimum of three (3) references. The Director of animal control may make special exceptions or waivers.

3. Guard Dog Operators. A license will not be issued or renewed by the animal control officer until the premises where the dog is kept for hire is inspected for compliance of Montgomery County Code Section 5-202(f).

The following standards for Benevolent Organizations are adopted under Section 5-404 (a) (5); Animal Business Licensing; Chapter 5, Animal Control; Montgomery County Code, 1999, as amended.

Requirements:

A. A Benevolent Organization must obtain an annual license from the Division.

B. A license issued shall expire on June 30 of each year unless earlier suspended or revoked.

C. The holder of any expiring license desiring a new annual license to be effective on the expiration of the existing license must, not less than 30 days nor more than 60 days before the expiration of the existing license, file a written application for renewal with the animal control officer. The applicant must complete the form provided and pay the annual renewal fee. The animal control officer must notify licensees at least 60 days before a license expires.

D. A license for a benevolent organization will not be issued or renewed by the animal control officer unless the following have been filed with the Division not more than 30 days before the animal control officer issues or renews the license:

1. Verification of the organization's non-profit status through one of the following:

a. Proof of current tax-exempt status under the Internal Revenue Code section 501 (c)(3);

b. An affidavit signed under oath by an authorized officer of the organization attesting that the organization does not receive any financial consideration in return for animals, services or products; or

c. A current agreement with the County, or a County contractor, for the organization to provide temporary care for impounded animals.

The Division may require additional documentation to verify that information provided in items a through c above is accurate.

2. An inventory of animals housed by the organization for the previous year.

3. Verification of rabies vaccinations for animals previously and currently housed by the organization.

E. A license for a Benevolent Organization will not be issued or renewed by the animal control officer until an inspection is completed by the Division of the areas animals are housed. For purposes of this subsection, the Division may accept the results of an inspection conducted by a County contractor applying the Division's inspection standards if the Benevolent Organization is a subcontractor to the County contractor. The Division may inspect a licensed organization at any time and should inspect each organization at least once every three years.

F. If an organization can be defined as both benevolent and one or more other licensing categories, then the organization must meet the requirements for both licenses.

An annual Riding School or Stable License fee of $50.00 is adopted under Section 5-67(d), Chapter 5, Animal Control, of the Montgomery County Code, 1984, as amended.

The following annual Commercial Kennel License fees are adopted under Section 5-67(b); Required, fee, issuance; Article VII; Pet Shops, Kennels and Riding Facilities; Chapter 5, Animal Control; Montgomery County Code, 1992, as amended:

Kennels owning or keeping 25 or fewer animals $ 75.00

Kennels owning or keeping 26 or more animals $125.00

The following annual Dog and Cat Fanciers' License fees are adopted under Section 5-67(c); Required, fee, issuance; Article VII; Pet Shops, Kennels and Riding Facilities; Chapter 5, Animal Control; Montgomery County Code, 1992, as amended:

Fanciers owning up to 5 dogs or cats $25.00

6 - 10 dogs or cats $40.00

over 10 dogs or cats $65.00

An annual Pet Shop License fee is adopted under Section 5-67(a); Required, fee, issuance; Article VII; Pet Shops, Kennels and Riding Facilities; Chapter 5, Animal Control; Montgomery County Code, 1992, as amended:

Annual fee $125.00

Surcharge for dogs or cats sold or given away, based on prior year's numbers 1 - 10 $ 25.00

11 - 20 $ 40.00

21 + $ 75.00