§ 5-9. Standards of care for kennels, breeders, pet dealers, and pet care centers.

In addition to complying with the provisions of Section 5-4 of this Code regarding cruelty to animals, all kennels, breeders, pet dealers, and pet care centers, including providers of mobile grooming services, located in or engaging in business in Miami-Dade County shall comply with the following minimum standards for the care of animals:

(a)

Housing facilities. Indoor and outdoor housing facilities for animals shall be maintained so as to contain the animal on the property at all times and to protect the animal from injury.

(b)

Storage of food. Supplies of food shall be stored in sealed containers or other containers which protect the food against insect and vermin infestation and contamination. Refrigeration shall be provided where necessary to prevent the spoiling of food.

(c)

Ventilation. Indoor housing facilities for animals shall be ventilated with fresh air by means of windows, doors, vents, fans, or air-conditioning to provide for the animals' health, comfort and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation. Ambient temperature in an indoor housing facility shall be maintained between fifty (50) degrees and eighty-five (85) degrees Fahrenheit.

(d)

Primary enclosures. All primary enclosures for animals shall conform to the following minimum requirements, except where indicated otherwise in writing by a licensed veterinarian for medical reasons.

(1)

Primary enclosures shall be structurally sound and constructed so as to permit the animal within them to remain dry.

(2)

The floors of the primary enclosure shall be a solid surface that is impervious to moisture, does not sag to the weight of a dog or cat, and protects each animal's feet and toes from injury; and newspaper or a receptacle containing litter shall be provided to contain excreta.

(3)

Primary enclosures shall be maintained in good repair and shall not have sharp points or edges that could injure an animal.

(4)

Separation. The following restrictions apply to primary enclosures that house multiple dogs and cats:

(i)

Intact females in heat (estrus) shall not be housed in the same primary enclosure with males, except for breeding purposes.

(ii)

Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams or surrogate dams.

(iii)

Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animal.

(5)

Primary enclosures shall not be placed on top of or below another animal's primary enclosure; it is provided, however, that primary enclosures manufactured in stacked units may be utilized, provided that each individual unit complies with the requirements of this section.

(e)

Sanitation. Housing facilities shall be cleaned at least daily. Primary enclosures, including top, sides, floor, grate, and door, shall be cleaned with soap and disinfectant at least daily. Pet care centers shall clean each primary enclosure after each animal occupant departs for the day.

(f)

Breeding. Each female dog or cat that is used for breeding shall be microchipped. No female dog or cat shall be bred to cause the birth of more than one (1) litter once every twelve (12) months unless certified in writing by a licensed veterinarian to be necessary and in the best medical interest of the animal. Animals shall not be bred while they are injured or ill, and animals that have known or obvious congenital or hereditary diseases shall not be used for breeding.

(1)

Exercise. In addition to a primary enclosure that complies with the requirements of this section, each dog used for breeding shall have access to an outdoor, ground-level exercise area.

(g)

Quarantine. Animals under quarantine or treatment for a communicable disease shall be housed according to generally accepted veterinary medical requirements, except that a pet care center shall not accept any animal that has a known or suspected communicable or infectious disease.

(h)

USDA License. If a breeder or pet dealer is subject to the licensing requirements of the United States Department of Agriculture (USDA), the breeder or pet dealer shall be prohibited from selling, or supplying for sale, dogs or cats in Miami-Dade County if, within the preceding three (3) years, the breeder or pet dealer has received a final inspection report documenting, or has otherwise been found to have committed: a "direct noncompliance" of the Animal Welfare Act. 7 U.S.C. Ch. 54, or regulations promulgated pursuant thereto, 9 C.F.R. Ch. I, Subch. A.; or a "refusal of inspection." A "direct" noncompliance means a noncompliance, as defined in the USDA Animal and Plant Health Inspection Service, Animal Welfare Inspection Guide at 2-5 (2013), that is currently adversely affecting the health and well-being of the animal, or has the high potential to adversely affect the health and well-being of the animal in the near or immediate future. A "refusal of inspection" means, as defined in the Animal Welfare Inspection Guide at 2-11, a refusal to allow a USDA inspector to inspect the premises, as required pursuant to 9 C.F.R. § 2.126.

(i)

Records and medical release forms.

(1)

For all animals currently on the premises, records identifying the animal, including any license tag and microchip information, and containing the owner's name, address, and emergency telephone number shall be maintained.

(2)

Breeders shall maintain records of each instance in which a female dog or cat is bred. Each female dog or cat shall be identified by microchip, and records of each date the animal gave birth and the number of offspring produced shall be maintained.

(3)

Pet care centers, kennels, and pet dealers keeping an animal that is the property of a third party shall also obtain from the owner of each animal a medical emergency release form providing that emergency treatment may be provided if the animal shows signs of illness or is injured while in the care and custody of the pet care center, kennel, or pet dealer. The medical release form shall include the owner's name, address, emergency telephone number, veterinarian, and veterinarian's telephone number.

(j)

Grooming. Where grooming services are provided:

(1)

Clippers, combs, brushes and any other grooming equipment shall be disinfected after each animal.

(2)

Clean, separate drying towels shall be used for each animal.

(3)

Grooming bathtubs shall be cleaned with soap and disinfectant and rinsed after each animal and shall be maintained free of mold and mildew.

(4)

All grooming equipment shall be maintained in good repair.

(k)

Exemptions. Public animal shelters, animal rescue organizations that do not operate kennels, and hobby breeders as provided in Section 5-13 of this chapter, shall be exempt from this section. It is provided, however, that a hobby breeder shall not use a female dog for breeding more than once every 12 months.

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