§ 5-13. Kennel, breeder, pet dealer, pet care center, and hobby breeder license requirements; appeal procedures.  


Latest version.
  • (a)

    No person shall act as or perform services as a kennel, breeder, pet dealer, pet care center, or hobby breeder in Miami-Dade County without first obtaining the applicable license from the Department. No person may keep, maintain, or otherwise harbor the number of dogs set forth in Section 5-1(17) of this chapter without first obtaining a kennel license as provided in this section; hobby breeders shall be subject to this requirement. Hobby breeders who sell more than two litters per year per household shall be deemed to be pet dealers and shall be regulated as such for purposes of this chapter.

    (b)

    A separate license shall be required for each location that the services of a kennel, breeder, pet dealer, pet care center, or hobby breeder are being performed. It is provided that, if multiple services are offered at the same location, only one license shall be required for that location, but the licensee shall pay the highest applicable license fee among the offered services. No license shall be issued unless the subject location is zoned or approved for that use by Chapter 33 of this Code or by the applicable municipal zoning code.

    (c)

    Application for a license shall be on a form prescribed by the Director for a kennel, breeder, pet dealer, pet care center, or hobby breeder, respectively.

    (d)

    Terms of licenses. Each license for a kennel, breeder, pet dealer, pet care center, or hobby breeder shall be renewed annually. All licenses shall expire on September 30 of each year. Each licensee shall be responsible for renewing his license on or before October first of each year as long as the kennel, breeder, pet dealer, pet care center, or hobby breeder operates in Miami-Dade County. Notwithstanding the foregoing, a person who validly registered as a hobby breeder with Miami-Dade County prior to February 21, 2008 shall not be required to pay any additional license fee; it is provided, however, that such person shall otherwise comply with the requirements of this section and that the failure to annually renew the hobby breeder license within 60 days of the renewal deadline shall be deemed an abandonment of that license.

    (e)

    Licenses shall not be transferable.

    (f)

    The license fee for each type of license shall be established by implementing order approved by the Board of the County Commissioners. Animal control agencies operated by a municipality that are subject to this section shall be registered with the Department but shall be exempt from license fees.

    (g)

    Premises on which animals are kept and records required to be maintained shall be subject to inspection by the Department for compliance with this chapter.

    (1)

    Hobby breeders shall not be subject to the requirements of Section 5-9 of this chapter. It is provided, however, that upon request from the Department, hobby breeders shall provide records demonstrating that they have not exceeded the sales limit of two litters per year per household and the limit on how often each female dog may be bred. In addition, upon receipt of a complaint, the Department may inspect the premises on which a hobby breeder maintains animals for compliance with Section 5-4 of this chapter.

    (h)

    License number required on written advertisements.

    (a)

    No person may knowingly publish an advertisement identifying a business offering kennel, breeder, pet dealer, pet care center, or hobby breeder services regulated by this chapter, unless the advertisement includes the number of the license issued pursuant to this chapter.

    (b)

    For purposes of this section, advertisement includes, without limitation, announcements, listings, displays, entries, or other written statements containing the name of the licensee or identifying the services offered by the licensee or by a person regulated by this chapter, and that are placed in a magazine or periodical, newspaper or inserts, audio broadcasting or telephone directory, on the internet, or on vehicles or equipment, when such written statement describes or encompasses services regulated by this chapter.

    (i)

    Denial, suspension, or revocation. The Director may deny, suspend, or revoke a license or renewal where the applicant/licensee:

    (1)

    Has refused to allow the Department to inspect the premises on which animals are kept, the mobile unit in which services are provided to animals, or the records required to be maintained by this chapter or by state law, provided that the first such refusal shall result in suspension of the license until inspection is allowed;

    (2)

    Has outstanding unpaid fines for violations of this chapter;

    (3)

    Has been found guilty of repeat violations of this chapter;

    (4)

    Has been found guilty of animal cruelty or neglect under this chapter, Chapter 828, Florida Statutes, or the laws of any other state;

    (5)

    Has been an officer, principal, director, partner, division, shareholder owning or controlling ten (10) percent or more of the stock, or other organizational element of a business organization recognized by the State of Florida that meets any of the criteria specified in subsections (1) through (4) above; or

    (6)

    Is a business organization recognized by the State of Florida, and any of its officers, principals, directors, partners, divisions, shareholders owning or controlling ten (10) percent or more of the stock, or other organizational elements meet any of the criteria specified in subsections (1) through (5) above.

    (j)

    Appeals. The applicant/licensee shall receive written notice of the Director's determination to deny, suspend, or revoke a license or renewal. The Director's determination may be appealed by providing, within seven (7) calendar days of receipt of the written notice, a written request for an administrative hearing; the request shall be delivered to the address provided on the written notice. If a request for a hearing is received more than seven (7) calendar days from the date of the written notice, the hearing officer shall be precluded from exercising jurisdiction, and the appeal shall be dismissed as untimely. An administrative hearing shall be conducted in accordance with the provisions set forth in Chapter 8CC of this Code. No person aggrieved by a determination of the Director may apply to the Court for relief unless they have first exhausted the remedies provided for herein and taken all available steps provided in this section. While an appeal is pending, the Director's determination shall be stayed.

    (k)

    Operating as a kennel, breeder, pet dealer, pet care center, or hobby breeder after suspension, revocation, or denial of a license or renewal is a violation of this section.

(Ord. No. 08-10, § 1, 1-22-08; Ord. No. 12-80, § 4, 10-2-12; Ord. No. 14-76, § 4, 9-3-14)