Montgomery County                               2433

Pet Shops—Any establishment maintained separately or in connection
with another commercial enterprise which offers to sell any species of
live animals, with the intent that they be kept as pets.

Rodent proof is a state or condition not conducive to the entry,
feeding, harboring or breeding of rodents.

Sanitary means a condition of good order and cleanliness which pre-
cludes the probability of disease transmission.

76-54. Applicability of Article.

The provisions of this Article shall apply throughout the County,
but shall not apply within the corporate limits of any incorporated city,
village or town within the County which by law has been given express
authority to regulate and license pet shops and commercial kennels; pro-
vided, however, that if any such city, village or town shall adopt this
Article and request the County to enforce its provisions within the cor-
porate limits of such city, village or town, the County Executive is hereby
authorized to conclude arrangements with the municipality for such en-
forcement and administration and for reimbursement to the County
through the collection of license fees as he may deem advisable.

76-55. Administration of Article.

The Director of the Department of Inspection and Licenses is hereby
authorized and directed to administer this Article. The County Executive
may designate any other office or agency, public or private, to act as the
Animal Control Authority to assist or act in place of the Director of the
Department of Inspection and Licenses in the administration of any or all
of the provisions of this Article.

76-56. Penalty for violation of Article.

Any person violating any of the provisions of this Article shall be
guilty of a misdemeanor and upon conviction thereof shall be fined a sum
of not more than five hundred dollars ($500.00) or shall be imprisoned in
the Detention Center for not more than sixty (60) days, or both.

Division II—Licensing

76-57. License required; Fee, issuance.

(a)    It shall be unlawful for any person, association or corporation
to operate, establish or maintain a pet shop either independently or as
part of another commercial enterprise without first obtaining an annual
license therefor from the Department of Inspection and Licenses. The
license fee for pet shops shall be fixed by the County Executive who may
from time to time increase or diminish such fee to an amount not to
exceed the cost of administering this Article. Dogs harbored by a licensed
pet shop for breeding purposes or sale may be taken under close supervision
from the pet shop for exercise and returned to the pet shop in like manner
but no dog harbored at a licensed pet shop may otherwise be permitted
to leave the establishment without wearing an individual dog license tag
if such a license is required under the provisions of this Chapter.

(b)    It shall be unlawful for any person, association or corporation
to operate, establish or maintain a commercial kennel without first obtaining
an annual license therefore from the Department of Inspection and Licenses.
The license fee for commercial kennels owning or keeping not more
than twenty-five (25) animals shall be twenty-five dollars ($25.00) and for