HomeMy WebLinkAboutO-2014-008 Retail Sale of Dogs and Cats ORDINANCE NO. 2014-008
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 5, ENTITLED "ANIMALS AND
FOWL" OF THE CITY CODE OF ORDINANCES OF THE CITY OF DANIA
BEACH, BY CREATING SECTION 5-14, TO BE ENTITLED "RETAIL SALE
OF DOGS AND CATS"; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, existing state and federal laws regulate dog and cat breeders, as well as pet
stores that sell dogs and cats, which laws include the Animal Welfare Act ("AWA")(7 U.S.C.
Section 2131 et seq.); and
WHEREAS, the AWA requires, among other things, the licensing of certain breeders of
dogs and cats and specifies that such breeders must maintain minimum health, safety and welfare
standards for animals in their care with enforcement of these requirements by the United States
Department of Agriculture ("USDA"); and
WHEREAS, according to The Humane Society of the United States, American
consumers purchase dogs and cats from pet stores that consumers believe to be healthy and
genetically sound, but in reality, the animals often face an array of health problems including
communicable diseases, genetic disorders or both that present themselves immediately or soon
after sale or that do not surface until several years later, all of which lead to costly veterinary
bills and distress to consumers; and
WHEREAS, according to The Humane Society of the United States, hundreds of
thousands of dogs and cats in the United States have been housed and bred at substandard
breeding facilities known as "puppy mills" and "kitten factories", which mass-produce animals
for sale to the public, and many of these animals are sold at retail in pet stores; and
WHEREAS, according to USDA inspection reports, documented problems found at
puppy mills include: (1) sanitation problems leading to infectious disease; (2) large numbers of
animals overcrowded in cages; (3) lack of proper veterinary care for severe illnesses and injuries;
(4) lack of protection from harsh weather conditions; and (5) lack of adequate food and water;
and
WHEREAS, from April 2011 to April 2012, 10,821 dogs and cats were euthanized at
Broward County animal shelters; and
WHEREAS, on April 3, 2012, the Board of County Commissioners of Broward County
unanimously approved Broward County Resolution No. 2012-271, with the goal of becoming a
"no-kill"community; and
WHEREAS, while there has been a reduction of euthanized animals since Broward
County embraced a "no-kill" goal, 11,900 dogs and cats have still been euthanized at its animal
shelters; and
WHEREAS, across the country, thousands of independent pet stores as well as large
chains operate profitably with a business model focused on the sale of pet services and supplies
and not on the sale of dogs and cats; many of these stores collaborate with local animal
sheltering and rescue organizations to offer space and support for showcasing adoptable
homeless pets on their premises; and
WHEREAS, while the City Commission recognizes that not all dogs and cats retailed in
pet stores are products of inhumane breeding conditions and would not classify every
commercial breeder selling dogs or cats to pet stores as the operator of a"puppy mill" or"kitten
factory", it is the belief of the City Commission that puppy mills and kitten factories continue to
exist in part because of public demand for dogs and cats offered for sale in pet stores; and
WHEREAS, the City Commission believes that eliminating the retail sale of dogs and
cats in pet stores in the City will promote community awareness of animal welfare and, in turn,
will foster a more humane environment as well as encourage consumers to adopt dogs and cats
from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering
animals;
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and incorporated as the
legislative intent of this Ordinance.
Section 2. That Chapter 5 entitled "Animals and Fowl" of the City's Code of
Ordinances is amended by creating a new Section 5-14,to read as follows:
Sec. 5-14. Retail Sale of Dogs and Cats.
(a) Definitions. For purposes in this Section, the following definitions shall
apply:
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(1) "Animal shelter" means a public animal shelter or duly
incorporated nonprofit organization devoted to the rescue, care and
adoption of stray, abandoned or surrendered animals, which does
not breed animals.
(2) "Cat" means an animal of the Felidae family of the order
Carnivora.
(3) "Dog" means an animal of the Canidae family of the order
Carnivora.
(4) "Pet store" means a pet shop, dog beauty parlor, dog or pet
hospital or other retail establishment open to the public and
engaging in the business of selling or offering for sale pet supplies,
or services, or dogs or cats or any combination of dogs and cats at
retail.
(5) "Pet store operator" means a person who or entity that owns a pet
store or operates a pet store, or both.
(6) "Retail sale" includes display, offer for sale, offer for adoption,
barter, auction, give away, or other transfer of any dog or cat.
(b) Prohibition. No pet store shall display, sell, deliver, offer for retail sale,
barter, auction, give away, or otherwise transfer or dispose of dogs,
cats or both in the City on or after the effective date of this Ordinance.
(c) Exemptions. This Section shall not apply to:
(1) A person who or establishment that sells, delivers, offers for sale,
barters, auctions, gives away, or otherwise transfers or disposes of
only dogs, cats or both that were bred and reared on the premises
of the person or establishment, which premises are not retail in
nature;
(2) A publicly operated animal control facility or animal shelter;
(3) A private, charitable, nonprofit humane society or animal rescue
organization; or
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(4) 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) 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 dogs, cats or both, 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 providing those animals to the public for adoption.
Section 3. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or part of ordinances or all resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on May 27, 2014.
PASSED AND ADOPTED on second reading on June 10, 2 4
ATTEST:
LOUISE STILSON, tmd WALTER B. DUKE, III
CITY CLERK MAYOR
APPROVED AS FORM AND CORRECTNESS: ��o�A�'s F1��,c�ri-
ZI
THOMAS . ANS RO
CITY ATTORNEY l `
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