§ 4-10. Retail sales of dogs and cats.

(a)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal rescue organization means a humane society or other duly incorporated nonprofit organization registered with the Florida Department of State and operated as a bona fide charitable organization under Section 501(c)3 of the Internal Revenue Code, which organization is devoted to the rescue, care and/or adoption of stray, abandoned or surrendered animals and which does not breed animals.

Animal shelter means a public animal shelter or duly incorporated nonprofit organization registered with the Florida Department of State and operated as a bona fide charitable organization under Section 501(c) 3 of the Internal Revenue Code devoted to the rescue, care and/or adoption of stray, abandoned or surrendered animals, and which does not breed animals.

Cat means an animal of any age of the Felidae family of the order Carnivora.

Certificate of source means a document from a public animal shelter or animal control agency, animal humane society or non-profit animal rescue organization declaring the source of the dog or cat on the premises to be sold or transferred or offered for sale or transfer by the pet store. A certificate of source shall include at a minimum: (a) a brief description of the dog or cat, the name, address, telephone number, and e-mail address of the source of the dog or cat; (b) shall be signed by the pet store certifying the accuracy of the certificate; and (c) shall be signed by the purchaser or transferee of the dog or cat acknowledging receipt of the certificate of source.

Dog means an animal of any age of the Canidae family of the Carnivora.

Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of the dog or cat.

Pet store operator means a person who owns or operates a pet store.

(b)

No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the city on or after the effective date of this section.

(c)

Exemptions. This section does not to apply to:

(1)

A publicly operated animal control facility or animal shelter.

(2)

An animal rescue organization.

(3)

A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store.

(d)

Certificate of source.

(1)

A pet store shall post and maintain in a conspicuous place, on or within three (3) feet of each animals' kennel, cage or enclosure, a certificate of source for each dog or cat offered for sale or transfer, and the pet store shall provide a copy of such certificate of source to the purchaser or transferee of any dog or cat sold or transferred.

(2)

Any law enforcement officer or employee of a county animal shelter may, at anytime, request to review copies of such certificates and, upon such request, the pet store operator must present such certificates at that time and without delay.

(3)

Falsification of a certificate of source by a pet store, pet store operator, or any other person shall be deemed a violation of this section.

(e)

Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store or its owner, operator, or employees, from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet store for the purpose of adopting those animals to the public.

(f)

Amortization. Pet stores that possess an active city local business tax receipt on the adoption date of this ordinance shall be permitted to continue its sales of dogs and cats even if it is not in compliance with this section for a period of time not to exceed three (3) months from the date of adoption of the ordinance creating this section.

(g)

Violations. A violation of this section for which a citation is issued is a civil infraction subject to the enforcement procedures set forth in section 24-234 of the city's Code of Ordinances.

( Ord. No. O-2017-018 , § 2, 12-6-17)