§ 6.12.060. Selling mice, rats, gerbils, guinea pigs or hamsters.

It is unlawful for any person, firm or corporation to sell, offer for sale, harbor, raise or give away mice, rats, gerbils, guinea pigs, or hamsters as pets, toys, premiums, novelties, or for any other purpose except as hereinafter set forth:

A.

This section shall not be construed to prohibit the keeping of rats or mice in proper facilities by people engaged in a legitimate scientific research project.

B.

This section shall not prohibit any household from having three mice, gerbils, guinea pigs, hamsters or rats as pets.

C.

This section shall not apply to any licensed pet store doing business in the city-county of Butte-Silver Bow, Montana subject to the following conditions:

1.

Each pet store shall maintain enclosures sufficient to allow space for each pet animal to exercise normal postural movements. Adequate space shall be provided to prevent crowding and to allow freedom of postural movement and comfort to all animals. An enclosure is deemed overcrowded unless its area is at least the square of the following sum for each animal confined therein; the sum of the length of the animal in inches (tip of nose to base of tail) plus six inches), with the following requirements:

Animal	Size of animal	Minimum Floor Space Per Animal (in square inches)
Guinea pig
	Weaning to 350 g	60
	350 g or more	101
	Breeders	180
Hamsters/gerbils
	Less than 60 g	10
	60 to 80 g	13
	80 to 100 g	16
	greater than 100 g	19
Mice
	Less than 10 g	6
	10 to 15 g	8
	15 to 25 g	12
	greater than 25 g	15
Rats
	Less than 100 g	17
	100 to 200 g	23
	200 to 300 g	29
	300 to 400 g	40
	400 to 500 g	60
	greater than 500 g	70

 

2.

Each pet store shall maintain enclosures of sufficient height to permit every animal to stand and stretch normally to its full height and to turn.

3.

Each enclosure shall be structurally sound and maintained in good repair to protect the animals from injury, to contain them and to keep predators out. Enclosures shall provide the animals contained within them adequate ventilation to avoid any discomfort associated with lack of proper air circulation and shall be constructed of nonabsorbent, nonporous material. Enclosures shall be constructed of materials that do not have a toxic or deleterious effect on the animals. Any enclosures having woven or wire mesh floors to confine or display animals must be constructed in a manner that protects the animals' feet and legs from injury and do not allow the animals' feet to pass through any openings in the floor. If the floor of the primary enclosure is constructed of woven or wire mesh, a solid nonporous resting surface or surfaces that, in the aggregate, are large enough to hold all the occupants of the primary enclosure comfortably at the same time must be provided. Enclosures shall be maintained to enable the animals to remain dry and clean and to provide convenient access to clean food and water.

(Ord. 47, § 6, 1977)

( Ord. No. 14-3, § 1, 4-19-2014 )