Chapter 55.455 Commercial Animal Permit  (see attached Ordinance)

Background

Animal Services, in conjunction with the City of Reno developed this new Code language to address welfare concerns and to establish a welfare permit to coincide with business licensing or special use permits for commercial animal establishments, retail, animal exhibits, circuses and 501(c)(3) groups who utilize animals as part of an educational group.  Currently, there are no regulations within Chapter 55 that address commercial animal sales or exhibits.  The goal is to improve the oversight of the health, safety and welfare of the animals in commercial environments through an internal permit process in conjunction with business licensing.

Summary of proposed ordinance for changes to WCAS Chapter 55.455:

• Establishes permit durations and renewals to accommodate establishments as well as exhibits and circuses
• Establishes welfare requirements in accordance with NRS 574
  • Walls/floors constructed of nonabsorbent, nonporous materials and of adequate support to animals
  • Dogs/cats kept in isolation rooms for 120 hrs prior to being released for sale
  • Any dog/cat presenting signs of illness or injury shall be kept in an isolation area and treated by a veterinarian
  • Operators that do not have a full-time veterinarian must a have a written Program of Veterinary Care (PVC) which outlines a veterinarian’s oversight of animals and methods of euthanasia for animals which should be consistent with the American Veterinary Medical Association Guidelines for Euthanasia.
  • Operators to provide hand sanitizer for public use to decrease the transmission of disease
  • Disposal of carcasses in accordance with NRS 571.200
• A commercial establishment is prohibited from selling dogs/cats not obtained from an Acceptable Procurement Source
  • Humane groups organized as legal entities in accordance with NRS 571.200 and NAC 571200
  • USDA licensed breeders
• Establishes suspension or revocation of welfare permit process and reporting to Business Licensing
• Due process if a welfare permit is revoked
  • 14 days to file an appeal with the Washoe County Administrative Hearing Office
  • Aggrieved permittee may appeal the Hearing Officer’s decision through a petition for judicial review within 30 days.
  • Welfare permit remains in place until a decision is rendered.

Community Concerns

• Potential negative affect on local economy
• Discriminating against pet stores
• Clarification on the revocation of welfare permits for commercial animal establishments
• Support of regulation of animal sources for retail establishments, specifically sourced from puppy mills
• Purebred animals can be obtained from responsible breeders and subjecting animals to the caged retail environment is inhumane
• Delete USDA breeders as an Acceptable Procurement Source

Chapter 55.795 Commercial Breeding Permit (see attached Ordinance)

Background

In the 2009 legislative session, SB 299 made amendments to NRS 574 Cruelty to Animals, which requires ACO’s to inspect and permit commercial breeding operations. This is a new proposed ordinance to Chapter 55 as legislatively required in current NRS 574.  Currently in WCC 25 a commercial breeder is someone who engages in breeding five or more litters of dogs or cats in a calendar year, to sell, trade or give away to others.  We are proposing to lower the number of litters to 3 in a calendar year.

Summary of proposed ordinance for changes to WCAS Chapter 55.795:

• Required by legislation NRS 574 (see attached NRS 299).
• *Decrease from five to three litters per year.*
• Requires ACO to inspect and permit commercial breeding operations for welfare and report to Business Licensing.
  • Each permit number must be displayed in all advertising in which the breeder offers a dog or cat for sale and on all receipts.
  • Animal Control Officer may enter and inspect premises (NRS 574.360,574.440)

•  Suspension or revocation of welfare permit
  • Due process applies
    • Permittee can file for an appeal within 14 days to the Washoe County Administrative Hearing Office.
    • Permittee may appeal the Hearing Officer’s decision by filing a petition of judicial review within 30 days.
    • The welfare permit remains in place until decision is rendered.
  • Notification to Business Licensing

• Regulation on breeding sales criteria
  • Microchipping required
  • Vaccination required
  • Sales contract
  • Breeding limitation on age of breeding animal and on number of litters/yr.

Community Concerns

• Confusion between Commercial Breeding Permit and Commercial Animal Permit.
• Commercial Breeding Permits established through NRS 574 -- Commercial Animal Permit refers to commercial establishments, retail, circuses, animal exhibits, performing sideshows, etc.

Concerns about over managing the sales of puppies and kittens in Washoe County.      

Chapter 55.455 Commercial Animal Permit  (see attached Ordinance)

Summary of proposed ordinance for changes to WCAS Chapter 55.455:

• Establishes permit durations and renewals to accommodate establishments as well as exhibits and circuses
• Establishes welfare requirements in accordance with NRS 574
  • Walls/floors constructed of nonabsorbent, nonporous materials and of adequate support to animals
  • Dogs/cats kept in isolation rooms for 120 hrs prior to being released for sale
  • Any dog/cat presenting signs of illness or injury shall be kept in an isolation area and treated by a veterinarian
  • Operators that do not have a full-time veterinarian must a have a written Program of Veterinary Care (PVC) which outlines a veterinarian’s oversight of animals and methods of euthanasia for animals which should be consistent with the American Veterinary Medical Association Guidelines for Euthanasia.
  • Operators to provide hand sanitizer for public use to decrease the transmission of disease
  • Disposal of carcasses in accordance with NRS 571.200
• A commercial establishment is prohibited from selling dogs/cats not obtained from an Acceptable Procurement Source
  • Humane groups organized as legal entities in accordance with NRS 571.200 and NAC 571200
  • USDA licensed breeders
• Establishes suspension or revocation of welfare permit process and reporting to Business Licensing
• Due process if a welfare permit is revoked
  • 14 days to file an appeal with the Washoe County Administrative Hearing Office
  • Aggrieved permittee may appeal the Hearing Officer’s decision through a petition for judicial review within 30 days.
  • Welfare permit remains in place until a decision is rendered.

Community Concerns

• Potential negative affect on local economy
• Discriminating against pet stores
• Clarification on the revocation of welfare permits for commercial animal establishments
• Support of regulation of animal sources for retail establishments, specifically sourced from puppy mills
• Purebred animals can be obtained from responsible breeders and subjecting animals to the caged retail environment is inhumane
• Delete USDA breeders as an Acceptable Procurement Source

Chapter 55.795 Commercial Breeding Permit (see attached Ordinance)

Summary of proposed ordinance for changes to WCAS Chapter 55.795:

• Required by legislation NRS 574 (see attached NRS 299).
• *Decrease from five to three litters per year.*
• Requires ACO to inspect and permit commercial breeding operations for welfare and report to Business Licensing.
  • Each permit number must be displayed in all advertising in which the breeder offers a dog or cat for sale and on all receipts.
  • Animal Control Officer may enter and inspect premises (NRS 574.360,574.440)

•  Suspension or revocation of welfare permit
  • Due process applies
    • Permittee can file for an appeal within 14 days to the Washoe County Administrative Hearing Office.
    • Permittee may appeal the Hearing Officer’s decision by filing a petition of judicial review within 30 days.
    • The welfare permit remains in place until decision is rendered.
  • Notification to Business Licensing

• Regulation on breeding sales criteria
  • Microchipping required
  • Vaccination required
  • Sales contract
  • Breeding limitation on age of breeding animal and on number of litters/yr.

Community Concerns

• Confusion between Commercial Breeding Permit and Commercial Animal Permit.
• Commercial Breeding Permits established through NRS 574--Commercial Animal Permit refers to commercial establishments, retail, circuses, animal exhibits, performing sideshows, etc.
• Concerns about over managing the sales of puppies and kittens in Washoe County.

1. The Council can accept the proposed changes to Washoe County Code Chapter 55 changes to Chapter 55.455-Commercial Breeding Permits and Chapter 55.795-Commercial Animal Permits as presented by the Washoe County staff.

2. The Council cannot accept the proposed changes to Washoe County Code Chapter 55 changes to Chapter 55.455-Commercial Breeder Permits and Chapter 55.795-Commercial Animal Permits as presented by the Washoe County staff.

3. The Council cannot accept the proposed changes to Washoe County Code Chapter 55 changes to Chapter 55.455-Commercial Breeder Permits and Chapter 55.795-Commercial Animal Permits as presented and provide other direction to the Washoe County staff through the City Manager.

The motion from the Council will depend on the conversation and/or direction desired related to ordinance changes to Washoe County Code Chapter 55.455 and 55.795 changes.