Chapter 6.05
PET SHOPS
Sections:
6.05.012 Prohibition on retail sale of dogs and cats.
6.05.050 Facility requirements.
6.05.060 Operational requirements.
6.05.065 Record keeping and disclosure.
6.05.070 Right of entry for inspection and enforcement.
6.05.100 Revocation or nonrenewal of license.
6.05.110 Abatement of nuisance.
6.05.010 Definitions.
The following words and phrases shall have the following meanings for purposes of this chapter:
A. “Animal shelter” means a municipal or related public agency animal shelter devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals.
B. “Dog” means an animal of the Canidae family of the order Carnivora.
C. “Cat” means an animal of the Felidae family of the order Carnivora.
D. “Certificate of source” shall mean a document declaring the source of the dog or cat sold or transferred by the pet store. The certificate shall include the name and address of the source of the dog or cat.
E. “Existing pet store” means any pet store or pet store operator that displayed, sold, delivered, offered for sale, offered for adoption, bartered, auctioned, gave away, or otherwise transferred dogs or cats in the city of Tumwater prior to March 6, 2021, and complied with all applicable provisions of the Tumwater Municipal Code.
F. “Pet animal” means dogs, cats, monkeys and primates, rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles, fish and any other species of animal sold or retained for the purpose of being kept as a household pet.
G. “Pet shop” or “pet store” means any store, place or establishment within the city of Tumwater where pet animals, including dogs and cats, are held for sale either at wholesale or retail with the intent of making a profit. The term shall not include kennels as defined by this code.
H. “Pet store operator” means a person or legal entity who owns or operates a retail pet store, or both.
I. “Rescue organization” means any nonprofit organization that has tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of dogs and cats.
(Ord. O2021-002, Amended, 02/02/2021; Ord. O2017-022, Amended, 12/05/2017; Ord. 1263, Added, 05/19/1992)
6.05.012 Prohibition on retail sale of dogs and cats.
A. Notwithstanding any provision in the Tumwater Municipal Code to the contrary, no pet store shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the city of Tumwater on or after March 6, 2021.
B. Exemptions. This section does not apply to:
1. A person or establishment that sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers or disposes of animals that were bred and reared on the premises of the retail establishment;
2. A publicly operated animal control facility or animal shelter;
3. A charitable, nonprofit animal humane society or animal rescue organization which does not acquire or sell dogs or cats for profit;
4. A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet shop.
C. Adoption of Shelter and Rescue Animals. Nothing in this section shall prevent a pet shop or its owner or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization and maintained at the pet shop for the purposes of adopting those animals to the public.
(Ord. O2021-002, Added, 02/02/2021)
6.05.014 Existing pet stores.
An existing pet store may continue to display, offer for sale, offer for adoption, barter, auction, give away, or otherwise transfer dogs and cats until June 30, 2021.
(Ord. O2021-002, Added, 02/02/2021)
6.05.020 License required.
A. No person, firm, partnership, corporation or other entity shall own, maintain or operate a pet shop without first obtaining a pet shop license issued pursuant to this chapter.
B. Applications for pet shop licenses shall be made to the finance department. An application for a pet shop license shall contain the following information:
1. The name, address, telephone number and emergency telephone number of the person, firm or corporation owning the pet shop.
2. The name, address, phone number and emergency phone number of the person managing, operating or otherwise having supervision of the pet shop.
3. The business name, address and location of the pet shop.
4. The name and address of a licensed veterinarian who will care for any animals which become sick or injured while at the pet shop.
5. The applicant must attach to the application any necessary approvals from the county health department, which is required to assure that adequate provisions for sanitary facilities will be provided.
6. The applicant shall be required to pay a nonrefundable business license fee upon filing the application.
7. Within five days after receipt of an application for a pet shop license, the department receiving the application shall transmit copies of such application to the community development department and to the director of animal services.
8. Within thirty days of receipt of an application for a pet shop license, the license shall be issued unless the community development department has advised that the use or proposed use of the premises is not in conformity with TMC Title 18, Zoning, or other applicable land use laws and regulations or that the buildings upon the subject premises fail to meet the requirements of the building, fire, mechanical or plumbing codes applicable to the proposed use or the director of animal services has determined that the applicant has previously been convicted of neglect or cruelty toanimals or that a pet shop or other similar license held by such applicant has been revoked or renewal refused either pursuant to the terms of this chapter or by any other licensing jurisdiction.
9. The pet shop license shall expire on December 31 each year and must be renewed annually.
(Ord. O2011-002, Amended, 03/01/2011; Ord. 1263, Added, 05/19/1992)
6.05.030 License renewal.
Pet shop licenses must be renewed annually. All license renewals shall be processed in the same manner as the original application except that the written statement from the health department and referral to the community development department shall not be necessary. The renewal fee shall be the same as a regular business license.
(Ord. O2011-002, Amended, 03/01/2011; Ord. 1263, Added, 05/19/1992)
6.05.040 Transfer of license.
If there is a change in ownership of any pet shop, the new owner may have the current license transferred into the name of such new owner upon proof that the new owner meets the requirements of this chapter and upon a payment of a transfer fee which will be the same as a regular business license.
(Ord. 1263, Added, 05/19/1992)
6.05.050 Facility requirements.
Any building used for pet shop shall meet the following requirements:
A. Animal housing shall be structurally sound and designed to prevent the pet animals from injury and shall provide sufficient security to contain the pet animals while preventing entry of unwanted pets.
B. The facilities shall include a washroom with sinks for hot and cold running water.
C. Heating, air-cooling and shade shall be provided to protect the pet animals from temperatures to which they are not acclimated.
D. Adequate ventilation shall be provided.
(Ord. 1263, Added, 05/19/1992)
6.05.060 Operational requirements.
Any person, firm, or corporation owning, operating or maintaining a pet shop shall do so in accordance with the following requirements:
A. The license issued in accordance with this chapter shall be prominently displayed on the premises at all times.
B. Nutrition and care information for all pets offered for sale shall be available on the premises.
C. No species of pet animals shall be sold on the premises if such sale is in violation of state or federal law. No pet animal shall be maintained on the premises if such possession is in violation of state or federal law.
D. Suitable food and bedding and adequate potable water shall be provided. The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition, age and size of the animal.
E. Food shall be stored in a manner which prevents contamination or infestation.
F. Provision shall be made for the timely removal of animal excreta, food wastes, soiled bedding, dead animals and debris. Disposal facilities shall be maintained so as not to be a health hazard.
G. Sick animals shall be separated from those appearing healthy and normal and shall be removed from display and sale and kept in isolation quarters with adequate ventilation to keep from contaminating well animals. Timely veterinary care shall be provided for sick or injured animals.
H. There shall be an employee on duty at all times during any hours a pet shop is open whose responsibilities shall include the care and welfare of the animals in the facility. An employee or owner shall feed, water and perform the necessary cleaning of pet animals on each day that the pet shop is closed.
I. Pet animals shall be immunized from disease as is usual and customary for the animal’s age and species. Records of vaccination shall be subject to inspection and shall be provided to a buyer.
J. Reasonable care shall be taken not to place for sale, trade or adoption any pet animal which is diseased or injured.
(Ord. 1263, Added, 05/19/1992)
6.05.065 Record keeping and disclosure.
A pet shop shall maintain records stating the name and address of the publicly operated animal shelter, nonprofit animal humane society or animal rescue organization that each dog or cat was obtained from for at least three years following the date of acquisition. Such records shall be made available upon request to a city code enforcement officer or animal control authority. Each pet shop shall display on each cage or pen containing a dog or cat a label stating the certificate of source, including the name and address of the animal shelter or nonprofit humane society or animal rescue organization which is the source for each dog or cat in the cage or pen.
(Ord. O2021-002, Added, 02/02/2021)
6.05.070 Right of entry for inspection and enforcement.
It shall be a condition of the issuance of a license that the city or its animal services officers shall have the right of entry into any pet shop as allowed by any law, code, constitutional provision, common law, or any other legal authority for the purposes of inspection of all animals and the premises where the animals are kept, at reasonable intervals to protect the health and safety of the animals and the community and enforcement of this chapter. Such right of inspection shall extend not only to the pet shop, but to any place where pet animals held for sale through said pet shop are located or kept. If permission for such inspection is refused, the license may be revoked or denied.
(Ord. O2021-002, Amended, 02/02/2021; Ord. 1263, Added, 05/19/1992)
6.05.080 Impoundment.
An animal services officer may impound any animal in the possession or under the control of a pet shop if such officer deems the animal to be disabled or diseased due to neglect, abuse or improper care, or any animal whose condition constitutes a threat or danger to the public health or safety. The animal being impounded shall be taken to or seen by a veterinarian for treatment as soon as possible after impoundment.
(Ord. 1263, Added, 05/19/1992)
6.05.090 Violation.
It shall be a civil infraction for any person or corporation to violate or fail to comply with any of the provisions of this chapter. Each day shall be a separate infraction. A person or corporation found to have committed a civil infraction shall be assessed a monetary penalty as provided in TMC Chapter 1.10.
A. First offense: Class 3 civil infraction.
B. Second offense arising out of the same facts as the first offense: Class 2 civil infraction.
C. Third offense arising out of the same facts as the first offense and all further offenses arising out of the same facts as the first offense: Class 1 civil infraction.
(Ord. O2021-002, Amended, 02/02/2021; Ord. 1263, Added, 05/19/1992)
6.05.100 Revocation or nonrenewal of license.
If the director of animal services determines that a licensee has violated the terms of this chapter either after conviction as set forth in TMC 6.05.090 or upon other competent evidence, the director may petition the mayor’s office of the city of Tumwater to revoke said license or deny an application to renew said license. The nature of said petition, its processing and determination shall be as follows:
A. The petition shall set forth the specific violations upon which it is based.
B. If the mayor determines upon the basis of the evidence presented that it is necessary in order to provide for humane care and treatment of animals or to protect the public health and safety that such license either be revoked or an application for a renewal of said license be denied, the mayor shall direct that the license be revoked or deny the renewal of such license. If the mayor finds that there have been violations of this chapter, but that such violations do not warrant the revocation or nonrenewal of the license, the mayor may set forth such lesser conditions for continued operation as shall be appropriate in order to promote humane care and treatment of animals or to better protect the public health and safety. The decision of the mayor shall be final.
(Ord. 1263, Added, 05/19/1992)
6.05.110 Abatement of nuisance.
The city retains the right to enforce the provisions of this chapter in superior court by any and all legal means in its sole discretion, including but not limited to pursuing abatement of any nuisance through injunctive relief and warrant of abatement.
(Ord. O2021-002, Added, 02/02/2021)