Boone County, Kentucky

§ 91.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, boarding or breeding kennel, grooming facility, pet auction, petting zoo, zoological park, circus, performing animal exhibit, or any person engaged in the business of breeding, buying, or selling at retail or wholesale, any species of animal for profit. Farms and agricultural establishments solely engaged in the breeding, raising and/or selling of livestock and poultry for food, fiber, agricultural research or any other agricultural endeavor shall not be considered a commercial animal establishment.

§ 91.16 ADOPTION AND MANDATORY SPAY/NEUTER.

(C)   All dogs and cats adopted from the animal shelter or a licensed humane society or rescue must be surgically altered to prevent breeding. The surgical alteration must occur within 30 days after obtaining the dog or cat. If the animal is a puppy or kitten it must be surgically altered within 30 days after reaching five months of age. For the purpose of this section “obtained” does not include any animal reclaimed by its owner.

§ 91.36 LICENSING PROVISIONS.

(A)   All commercial animal establishments shall obtain and maintain a valid commercial animal establishment license in order to operate a commercial animal establishment within the county.

(B)   The commercial animal establishment licenses shall be issued by the Director of Animal Services.

(C)   The commercial animal establishment license shall be valid for a period of one year, effective July 1 through June 30 of each year.

(D)   The commercial animal establishment license shall be renewed annually.

§ 91.37 MINIMUM STANDARDS.

(A)   All commercial animal establishments shall provide an adequate environment for each animal which is compatible with the general health and welfare of the animal.

(B)   All commercial animal establishments shall provide adequate space for each animal. Each cage or enclosure shall be large enough for the animal to stand, sit, lie and turn around without touching the walls or ceiling of the cage or enclosure, or another animal.

(C)   All commercial animal establishments shall provide adequate sanitation. Each cage or enclosure shall be maintained as follows:

(1)   Cages or enclosures containing dogs or cats, of any age, shall be cleaned with hot water, disinfectant and detergent daily (including holidays), or more if conditions require additional cleaning or disinfecting to keep animals out of contact with feces or urine. Litter boxes shall be cleaned daily (including holidays) and the litter changed as needed.

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(D)   All commercial animal establishments shall provide adequate nourishment and water for each animal as follows:

(1)   Each animal shall be given fresh food and water daily, including holidays.

(2)   Soft food shall be available to those animals unable to chew standard dry food.

(3)   Potable water shall be available to each animal at all times.

(4)   Food and water containers shall be washed and disinfected daily.

(E)   All commercial animal establishments shall provide proper medical treatment from a veterinarian for sick or injured animals.

(F)   All commercial animal establishments shall provide an adequate room (cage) temperature for the general health and welfare of the animal.

(G)   All commercial animal establishments shall provide for general cleanliness of the establishment, and shall not permit an insect or rodent infestation.

(H)   All commercial animal establishments shall possess proof of origin for any animal to be offered for sale and such documentation shall be kept on the premises and available for inspection by officers of the Animal Services Department.

(I)   All commercial animal establishments shall have both a medical examination and stool test completed by a licensed veterinarian for every dog, cat, puppy or kitten prior to being offered for sale. No dog, cat, puppy or kitten showing any signs of intestinal parasites, including but not limited to, giardia, coccidian or campylobacter, may be offered for sale until receiving a negative stool test.

(J)   All commercial animal establishments that have a puppy(s) test positive for parvovirus, canine coronavirus, distemper, intestinal parasites, Bordetella, giardia and/or campylobacter disease must post a public notice in the store warning consumers to the risk of transmission of such diseases to other pets or humans for two weeks following a positive test and shall notify the Animal Services Department within 24 hours of the positive test.

(K)   All commercial animal establishments shall disclose to the prospective buyer in writing, prior to purchase of a dog or cat, puppy or kitten, the following information: purchase price; interest rate associated with any financing or credit card offered to the purchaser; full medical history of the animal (including results of the stool test, any additional tests, treatments, surgical procedures, vaccinations, medications and veterinary records for the life of the animal); name, city and state of the breeder; and any applicable federal and state license numbers of the dog or cat breeder, broker or transporter.

§ 91.38 INSPECTIONS.

The Director of Animal Services or any Animal Control Officer shall be permitted and empowered to make an inspection of any commercial animal establishment within the county, and shall further be permitted to take photographs of commercial animal establishment during the inspection. The inspection shall take place upon the verbal request of the Director of Animal Services or any Animal Control Officer, during regular business hours of the commercial animal establishment.

§ 91.39 LICENSE REVOCATION.

The Director of Animal Services may revoke any license issued under §§ 91.22 or 91.36. Grounds for such revocation include, but are not limited to, conviction pursuant to any violation of this chapter or conviction pursuant to any related state or federal law. Failure to adhere to the standards set forth in this chapter or failure to permit the Department of Animal Services to inspect any establishment, business, or person regulated by this chapter during regular business hours shall be grounds for revocation of any said license. License revocation notices shall be in writing, specify the number of days for animal removal, not to exceed seven days, and shall state the grounds therefore. Any person who receives such license revocation notice issued pursuant to this section may appeal such notice to the Advisory Board within ten days following the receipt of such notice. Any such appeal shall be in writing, shall state the grounds therefore and shall be signed by the person bringing the appeal or his or her authorized representative. Failure to file a timely appeal to a license revocation notice shall result in license revocation. A hearing for an appeal shall be held within 30 days of receipt of the notice of appeal before an Advisory Board appointed by the Fiscal Court, which shall be the sole arbiter of the appeal.