00-011-O

ORDINANCE NO. __________

AN ORDINANCE PERTAINING TO LICENSES AND APPLICATIONS WHEREIN VETERINARY HOSPITALS WILL NOT NEED TO PROVIDE A CORPORATE SURETY BOND; AMENDING SECTION 6-83 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

BY COUNCILOR EDWARDS:

The city of Duluth does ordain:

Section 1. That Section 6-83 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 6-83. License; application.

No person shall establish, operate or maintain a pet shop, grooming shop, dog or cat breeding kennel, boarding kennel, animal shelter, veterinary hospital, or nuisance wildlife removal business without first obtaining an annual license therefor. Licenses shall be applied for at the office of the city clerk on forms provided by the clerk's office. Each application shall be accompanied by an annual license fee as set by the city council by resolution.

Applications for license renewals shall be made at least 30 days before the license term expires. In addition, any license application or renewal thereof, except any for a veterinary hospital, shall be accompanied by a corporate surety bond to the city of Duluth in the amount of $3,000, which shall be maintained in that amount throughout the license period to ensure payment of veterinary or other care for animals ordered by the animal control officer and to ensure the licensee's compliance with all laws pertaining to its operation. Pet shops shall also file with the city clerk a commercial general liability insurance policy covering applicant's pet shop operations in the amount of $300,000 for bodily injury in any year and $50,000 for property damage in any year.

Prior to the issuance of any first time license thereof under this Article, the animal control authority shall conduct an inspection of the licensee to determine compliance with this Article. Prior to the issuance of any license renewal thereof under this Article, the animal control authority may conduct an inspection of the licensee to determine compliance with this Article. The animal control authority, for all application of license and renewal of license, shall make a written report of such investigation to the animal humane board. A license shall not be issued or renewed without full compliance with the terms of this Article. License issued under this Article shall expire one year from the date of issuance, unless earlier suspended or revoked as provided in this Article. Each license issued under this Article shall be prominently displayed at all times in the establishment for which it is issued. A licensee shall be responsible for all actions and conduct of any employee or agent of the licensee and any violation of this Article by an employee or agent shall be deemed to be the actions and conduct of the licensee.

Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.

STATEMENT OF PURPOSE: Veterinarians are licensed and regulated by the State of Minnesota. The State Board of Veterinary Medicine monitors all State licensed veterinarians to assure a high level of professional conduct and compliance with all laws pertaining to their veterinary practice.

It is the recommendation of the animal humane board that since the state governmental regulatory agency already exists for veterinarians, it is not necessary for veterinarians to be further regulated with the corporate surety bond provision in Section 6-83.