Pet Shops shall meet the following conditions:

(a)   Pet Shops must maintain a current and valid Pet Shop Operator License as issued by the State of Kansas.

(b)   Pet Shops shall be maintained to provide the Animals with a safe environment and shall be structurally sound and in good repair.

(c)   Electrical power shall supply adequate heating, ventilation, and lighting.

(d)   Water shall be supplied at sufficient pressure and quantity to clean facilities and enclosures of debris and excrete.

(e)   Adequate food, water and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects and rodents. Refrigeration shall be provided for perishable foods or substances.

(f)   Provisions shall be made for the removal and disposal of Animal and food waste, bedding, dead Animals, and debris.

(g)   Washroom facilities, including sinks with hot and cold water and toilets, shall be conveniently available to maintain cleanliness among Animal caretakers and for the purpose of washing equipment.

(h)   Sick, diseased or injured Animals shall be quarantined from those appearing healthy. These Animals shall be removed from display and sale quarters with adequate ventilation to keep them from contaminating other Animals.

(i)    No Pet Shop shall misrepresent an Animal to a consumer in any way nor shall they sell a sick or injured Animal.

(j)    Adequate care, feeding and licensing instructions must be given in writing to each purchaser.

(k)   Caged Animals that are closely confined or restrained shall be permitted daily, and for an appropriate length of time as determined by their size, age, and species to exercise in an area suitable for that purpose.

(l)    No Pet Shop shall cause or allow garbage, waste, debris, offensive material, or Animal feces to gather or collect on the premises in such a manner as to be offensive or injurious to the public health.

(m)  Dogs and cats for sale or resale shall be held in quarantine for a minimum of five (5) days from the date the Animals are obtained by the Pet Shop.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

Pet Shops shall adhere to and be in compliance with the following requirements:

(a)   Sufficient heating or cooling to protect the Animals from temperatures they are not accustomed to by taking into consideration their age, size and species.

(b)   Adequate ventilation to provide for the health of the Animals and to remove foul odors therefrom.

(c)   Supply ample lighting either natural or artificial of good quality and well distributed to provide for such illumination as is necessary to inspect and clean the premises. Such facilities shall be in place as to protect Animals from excessive illumination.

(d)   Cleaned regularly and not have offensive odor omitted to be offensive or injurious to public health.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

All Pet Shops are required to obtain a revocable Pet Shop permit from the City, which shall be valid for a period of one year and shall not be transferable. The fee for this permit shall be set by resolution. All facilities may be inspected by the City for compliance with this Ordinance prior to granting the permit and whenever the City has observed or been given reason to believe there has been a violation of this code. 

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

The holder of a Pet Shop permit from the City shall be exempt from the maximum number of Animals allowed by this Article.  Upon the issuance of a City Pet Shop Permit, the Animal Control Officer should establish the maximum number of Animals allowed based upon the size and amenities of the Pet Shop.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

Any Pet Shop permit issued by the City shall be subject to revocation upon any violation of this Article.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

It shall be unlawful to operate a Pet Shop in violation of this Article.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)

Any Person who shall be convicted of violating any provisions of this Article shall be deemed guilty of a Class “B” violation and shall be punished by a fine as hereinafter provided or by confinement in the county jail for a period not exceeding one hundred eighty (180) days or by both such fine and confinement. Each day that a violation of this Article occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation. The fine prescribed above for the first conviction for a violation of a provision of this Article shall be an amount not less than $100 nor more than $200; and for the second conviction for a violation of the same provision shall be an amount not less than $200 nor more than $500; and for the third or any subsequent conviction for a violation of the same provision shall be an amount not less than $500 nor more than $1,000.  For the purposes of this subsection, prior convictions shall include any past conviction of the same offense with a conviction date that is within five (5) years prior to the offense date of the offense prosecuted as a second, third or subsequent offense.

(Ord. 4987-19; Ord. 4998-19; Ord. 5038-21)