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Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees
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Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees
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10/25/2023 3:10:09 PM
Creation date
6/21/2023 9:49:08 AM
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City Clerk - Document
Ordinances
City Clerk - Type
Approving
Number
2022-96
Date
3/21/2023
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(6) Nothing in this subsection shall prevent a pet store from offering for adoption(but not sale)dogs,cats, <br /> rabbits or ferrets owned by a government operated animal shelter or an animal welfare organization <br /> and collecting an adoption fee.The adoption fee must only be collected by the government operated <br /> animal shelter or animal welfare organization. <br /> (m) Suspension, revocation,and appeal. <br /> (1) Suspension of permit.The supervisor of animal services is entitled to,without warning, notice or <br /> hearing,suspend a permit required by this subsection if the operation of a pet store constitutes an <br /> imminent hazard to public or animal health,safety or welfare and/or for interference with animal <br /> services or other law enforcement officers in the performance of their duties.Suspension is effective <br /> upon service of notice.A pet store inspection report may serve as notice.Animal services shall post <br /> and maintain at the entrance of the pet store notice of the conditions therein, including the care and <br /> provision of animals while the suspension or revocation process is ongoing.Animal services may also <br /> require the pet store operator to post and maintain at the entrance of the pet store notice that the <br /> pet store is prohibited from selling or offering to sell animals, but may still sell supplies if applicable. <br /> Whenever a permit is suspended,the holder of the permit or the pet store operator shall be notified <br /> in writing that the permit is, upon service of the notice, immediately suspended and that an <br /> opportunity for an appeal hearing will be provided if a written request for a hearing is filed with <br /> animal services by the holder of the permit within ten (10)days from the date the notice is received. <br /> If a written request for an appeal hearing is filed within the required time period,animal services <br /> shall hold a hearing on the appeal and either affirm or rescind the suspension within ten(10) days of <br /> the notice of appeal being received.At least two(2)days before the appeal hearing occurs,animal <br /> services shall provide the permit holder with notice of the time and place of the hearing.The permit <br /> holder shall be permitted to attend and be heard at the hearing. If animal services affirms the <br /> suspension,the suspension shall be a final suspension. If no written request for an appeal hearing is <br /> filed within ten (10)days,the suspension is sustained until compliance with this subsection is met. It <br /> is the responsibility of the permit holder to request a reinspection once full compliance with this <br /> subsection (e)has been met.A reinspection must be performed by animal services to ensure <br /> compliance prior to ending the suspension.Additional reinspections may be required if compliance <br /> is not met.The request for each reinspection must be made to animal services and a reinspection <br /> fee shall be paid before each inspection is performed.Animal services may end the suspension at <br /> any time if the reasons for suspension no longer exist and all fees have been paid. <br /> (2) Revocation of permit.The supervisor of animal services is entitled to,after providing an opportunity <br /> for an appeal hearing, revoke a permit required by this subsection for serious or repeated violations <br /> of any of the requirements of this subsection,for violations of other applicable law affecting public <br /> or animal health,safety or welfare and/or for interference with animal services or other law <br /> enforcement officers in the performance of their duties. Prior to revocation,animal services shall <br /> notify the holder of the permit or the pet store operator, in writing, of the reason for which the <br /> permit is subject to revocation and that the permit shall be revoked at the end of the ten(10) <br /> business days following service of such notice unless a written request for an appeal hearing is filed <br /> with animal services by the holder of the permit within such ten(10) business day period referred to <br /> in the notice. If a written request for an appeal hearing is filed within the required time period, <br /> (i) the pet store is prohibited from selling or offering to sell animals;and <br /> (ii) the revocation shall not take effect unless and until animal services determines to do so in its <br /> ruling at the conclusion of the appeal hearing;and <br /> (iii) animal services shall hold a hearing on the appeal and either enact or reject the revocation.At <br /> least two(2) business days before the appeal hearing occurs,animal services shall provide the <br /> permit holder with notice of the time and place of the hearing.The permit holder shall be <br /> permitted to attend and be heard at the hearing. If no request for an appeal hearing is filed <br /> Created: 2022-03-03 11:27:12 [EST] <br /> (Supp.No.34,Update 4) <br /> Page 32 of 40 <br />
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