§ 4-12. Regulation of commercial animal establishments

(a) Permit—Required. A permit is required in order to operate a commercial animal establishment within the corporate limits of the city.

(b) Same—Application. An application on a form provided by the city shall be accompanied by the permit fee set out in subsection (c) of this section.

(c) Same—Fee.

(1) The fees related to a commercial animal establishment permit are as follows:

a. The owner of a commercial animal establishment must pay an annual permit fee of $75.00 to operate the commercial animal establishment; however, the fee for permit applications made during the second half of a fiscal year is $37.50;

b. A permit transfer fee of $75.00 must be paid to transfer a permit for a commercial animal establishment to a new owner or operator; and

c. A reapplication fee of $100.00 must be paid if reapplication is made as a result of a permit denial.

(2) All fees paid under this section are nonrefundable.

(3) No permit fees are required of any government-operated zoological park or any veterinary hospital or clinic; however, facilities exempt from permit fees are not exempt from the requirement to obtain a permit.

(4) A receipt for all fees paid under this chapter shall be furnished to the person paying the fee.

(5) All fees collected under this chapter shall be turned over to the director of finance.

(d) Term of permit.

(1) Permits expire on September 30 of the year in which they are issued.

(2) Upon the change of ownership or operation of a commercial animal establishment, the new owner or operator must have an existing current permit transferred to the new owner or operator's name. The transferred permit expires on September 30 of the year in which it is issued.

(3) Renewal of existing permits must be issued on or before October 1, subject to compliance with applicable provisions of this chapter.

(e) Minimum standards. All commercial animal establishments within the city shall meet and maintain the following minimum standards:

(1) Except for a fully enclosed indoor pet store or fully enclosed pet grooming facility, an establishment that has the capacity to house 20 or more animals may not be located closer than 200 feet from any:

a. Building used for residential purposes by anyone other than the person maintaining the commercial establishment or the person's immediate family; or

b. School, hospital, church, public park, restaurant or food store.

(2) Maintain premises and surrounding grounds in a clean and sanitary manner, in order to keep them free from accumulations of manure, decaying food, and refuse.

(3) Utilize airtight receptacles or containers for the storage of manure, decaying food, and refuse.

(4) Dispose of solid waste in a manner that is not offensive or unsanitary.

(5) Be constructed and maintained in order to prevent infestation by rats or other rodents or vermin. The presence of such infestation in a commercial animal establishment is prima facie evidence that the establishment is maintained in violation of this chapter.

(6) In addition to the requirements of this section, all commercial animal establishments must comply with chapter 40, zoning, and all other applicable ordinances, laws and governmental rules and regulations.

(f) Inspections. It is a condition of the issuance of any permits authorized by this chapter that the animal control officer is permitted, at any time, to inspect the commercial animal establishment, its animals, and the property on which such establishment is located.

(g) Permit refusal or revocation. A new or renewed permit may be refused, or an existing permit revoked if:

(1) Permission for an inspection in accordance with the provisions of subsection (f) of this section, is refused.

(2) Upon inspection, the premises of a commercial animal establishment are found:

a. Not to be compliance with the minimum standards establishment in subsection (e) of this section; or

b. To be in an unsanitary or offensive condition or in any condition affecting the health, safety or general welfare of the public or the animals being maintained on the premises.

(3) The person has falsified any information on the application for a permit.

(4) The person has been convicted in a court having jurisdiction over these matters of:

a. The offense of cruelty to animals;

b. Any violation of this chapter;

c. Any other law governing the protection and keeping of animals.

(h) Notice of refusal or revocation.

(1) Any person who is denied a permit or whose permit is revoked must be given notice of the denial or revocation.

(2) The notice must:

a. Be dated and in writing;

b. State the reason for denial or revocation;

c. Advise that a written request for an informal hearing to show cause why the permit should not have been denied or revoked must be made within five working days of the date of the notice by posting the request to:

Municipal Judge

City of Granite Shoals

2221 N. Phillips Ranch Rd.

Granite Shoals, Texas 78654

(3) Advise, if applicable, that the person must remove all animals within five days from the date of the notice.

(i) Hearing.

(1) Timely filing of a written request for an informal hearing stays the denial or revocation of a permit until final action is taken by the municipal judge.

(2) A permit will not be denied or revoked if after a hearing by the municipal judge it is determined that the owner was not in violation of this chapter.

(3) Upon the written request of an addressee of a notice in this section, the municipal judge shall conduct an informal hearing.

(4) Written notice of the place, date and time of such hearing shall be given to the person requesting the hearing, and the person must be given the opportunity to present any evidence that may be pertinent to the hearing.

(5) The municipal judge must determine, after reviewing the evidence presented, whether the addressee was in fact in violation of this chapter, and make his ruling as set out in this subsection (i).

(j) Records required. The animal control officer shall maintain for each commercial animal establishment coming under the purview of this chapter:

(1) A file that includes but is not limited to:

a. A record of all pertinent names, addresses and dates;

b. Copies of all correspondence, notices, applications, permits and certificates; and

c. A record of all other related activities;

(2) An accurate accounting of all fees and charges and of the funds and payments collected, including date of payment and identification of payee.

(Ord. No. 590, § XIII, 7-10-2012)