Agenda Item 8A - Ban on Retail Sales of PetsCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
COMMISSIONER’S REPORT
AGENDA ITEM: Discussion to consider either a Resolution or perhaps an Ordinance
regulating retail sales of pets, in particular dogs or cats, raised in what
any reasonable person would consider a “puppy mill”.
SUBMITTED BY: John M. Stinson, Commissioner, Seat No. 2
REPORT DATE: 6th of December 2017
BACKGROUND: The City of Atlantic Beach is perhaps the most pet friendly beach
community in Duval County. The City of Atlantic Beach has the least
restrictive beach pet regulations of neighboring cities and currently
enjoys as one of its assets a “dog” park that rivals any in nearby
proximity.
On the agenda of the City Commission meeting of the 14
th of September
2015, then Commissioner Maria Mark proposed for discussion an
agenda item titled “Requirements for the Sale of Dogs and Cats”.
Citing the City of Jacksonville’s recently adopted Ordinance No. 2015‐
8063 “establishing the requirements for the sale of dogs and cats and
to help ensure the humane treatment of animals”; Commissioner Mark
presented her recommendation to the City Commission.
There was insufficient support among Commissioner Mark’s colle agues
to move this agenda item forward for consideration.
There may be other historical information, not presented in this
chronology and not available at the time of the drafting of this report.
JUSTIFICATION: Since Commissioner Mark’s recommendation was presented and
rejected due to a lack of consensus by the Commission the City of
Neptune Beach has also passed similar legislation to the City of
Jacksonville Beach.
The City of Neptune Beach adopted Ordinance No. 2015‐20 on or about
the 4
th of January 2016. This Ordinance was entitled “Commercial
Animal Establishments” and was codified as Article III, Section 6‐34.
To the best of the preparer’s knowledge, there currently is no such
retail or commercial pet sale establishment operating within the City of
Atlantic Beach. Thus to adopt either a Resolution or an Ordinance
related to the humane treatment of animals being raised for sal e as pets
would not affect any current business enterprise.
Agenda Item 8A
December 11, 2017
The language for such legislation would require detailed specificity to
address “puppy mill” type operations and those retailers who would
choose a “puppy mill” as the source of their offerings to the public for
sale. Further, language in such legislation should include incentivizing
retailers to choose pet adoptions from rescue and shelter operations
instead.
BUDGET: Budgetary impact is expected to be minimal, the cost of hosting a
workshop and drafting the necessary language by the City Attorney
being the primary cost drivers in such action.
RECOMMENDATION: Place this Recommendation on the City Commission Agenda for the 8th
of January 2018 for consideration, debate and action.
ATTACHMENTS: 1. Commissioner Mark’s staff report dated the 3
rd of September
2015 and included as Agenda Item No. 8E on the 14
th of
September 2015.
2. Page number 9, of the minutes of the City Commission
meeting of the 14
th of September 2015 and approved on the
28th of September 2015 related to Agenda Item No. 8E.
3. Copy of the City of Jacksonville Beach, FL. Ordinance No.
2015‐8063, adopted on the 17
th of August 2015.
4. Section 5‐35 of the City of Jacksonville Beach, Fl. Code of
Ordinances regulating Commercial Animal Establishments.
5. Copy of the City of Neptune Beach, Fl. Ordinance No. 2015‐20
adopted on or about the 4
th of January 2016.
6. Article III, Section 6‐34 of the City of Neptune Beach, Fl. Code
of Ordinances regulating COMMERCIAL ANIMAL
ESTABLISHMENTS
PRESENTATIONS: None at this time.
APPROVAL:
Approved by:
John M. Stinson, City Commission, Seat No. 2
Agenda Item 8A
December 11, 2017
Agenda Item 8A
December 11, 2017
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM #8E
SEPTEMBER 14,2015
AGENDA ITEM: Discussion of creating an Article in Atlantic Beach's Code entitled
"Requirements for the Sale of Dogs and Cats".
SUBMITTED BY: Commissioner Maria Mark
DATE September 3, 2015
BACKGROUND: The City of Jacksonville Beach recently approved Ordinance No. 2015-8063
establishing the requirements for the sale of dogs and cats and to help ensure
the humane treatment of animals.
BUDGET: No budget impact
RECOMMENDATION: Direct the City Attorney to prepare an Ordinance similar to the City of
Jacksonville Beach's that establishes requirements for the sale of dogs
and cats in Atlantic Beach.
ATTACHMENT: (1) City of Jacksonville Beach Ordinance No. 2015-8063
Agenda Item 8A
December 11, 2017
September 14, 2015 REGULAR COMMlSSION MEETING
AGENDA ITEM #lA
SEPTEMBER 28, 2015
Page9
Director of Human Resources Cathy Berry stated the rate stayed the same on our general liability coverages
as well as our Workers' Comp coverage, which went down $5. She stated her recommendation is to approve
renewal of all the Liability and Workers' Comp insurances and authorize the City Manager to sign the
renewal documents.
It was the consensus of the Commission to move this forward to the next agenda for action.
C. LIUNA Local 630 "Blue Collar" Union Contract extension.
Ms. Berry stated the 3-year contract was up this year but with Commission approval they have agreed to
extend it for one year, except for wages and then negotiate a new contract next year for a 2-year term which
will keep it on the same 3-year calendar.
It was the consensus of the Commission to move this forward to the next agenda for action.
D. Coastal Florida PBA Negotiations 2015-2018 Contract.
Ms . Berry stated they negotiated with the PBA to come up with a new 3-year contract. She explained the
changes.
It was the consensus of the Commission to move this forward to the next agenda for action.
Ms. Beny stated our employee Health Fair is next Thursday, September 24, and she hopes to see the
Commission there.
E. Ordi nance Banning the Retai l Sale of Dogs and Cats.
Com missioner Mark explained recently the City of Jacksonville Beach approved an ordinance outlawing the
sale of puppies and kitties which come from Puppy/Kitty Mills and she was asked to bring th is before the
Commission to see if this is something they would want to enact an ordinance for. S he stated since we do not
have those businesses in our City now, this would be the time to enact an ordinance, particularly with the
redevelopment planning for Mayport Road. She asked if there is consensus in passing a similar ord i nance for
the Ci ty of Atlantic Beach.
Discussion ensued.
There was no consensus of the Commission to move this forward to the next agenda.
F. Proposed Resolution on Banning Fracking Statewide.
Commissioner Mark explained the proposed resolution.
Discussion ensued. Commissioner Mark suggested that they bring this back again for discussion and then the
Commission can do research on the fracking issue before it comes back.
It was the consensus of the Commission to keep this on the next agenda under Miscellaneous Business for
further discussion.
Agenda Item 8A
December 11, 2017
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Introduced By: £oum:jl Manber Jeanr:ll Wilson
1st Reading: Augustl 201s
2nd Reading: August!7 20!S
ORDINANCE NO. 2015-8663
AN ORDINANCE AMENDING CHAPTER 5, "ANIMALS", OF THE CODE OF
ORDINANCES OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, BY
CREATING ARTICLE II, DIVISION 1, "COMMERICAL ANIMAL
ESTABUSHMENTS," BY CREATING SECTION 5-35, TO BE ENTITLED
"REQUIREMENTS FOR SALES OF DOGS AND CATS"; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PERMITTED SOURCES; PROVIDING
FOR CERTIFICATE OF SOURCE; AND PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT HEREWim; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the humane treatment of animals is an important public purpose; and
WHEREAS, puppy and kitten mills are inhumane and unsanitary commercial breeding facilities
for dogs and cats in which the health of the dogs and cats is disregarded to maintain a low
overhead and maximize profits; for example, by keeping parent dogs and cats in cages for their
entire lives without adequate food, water, veterinary care, or socialization; breeding females
multiple times per year with little to no recovery time between litters; and breeding dogs and cats
regardless of whether they carry congenital or hereditary diseases; and
WHEREAS, according to United States Department of Agricultul"e reports, documented
problems found at puppy and kitten mills include: 1) sanitation problems leading to infectious
diseases; 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 S) lack of
adequate food and water; and
WHEREAS, the Humane Society of the United States estimates that each year two to four
million dogs and cats are born in the United States in puppy and kitten mills; and
WHEREAS, the most effective way to stop puppy, and kitten miUs is to discourage the purchase
and sale of puppies and kittens produced at these inhumane facilities; and
WHEREAS, according to the Humane Society of the United States, although American
conswners pUIChase dogs and cats believing the pets to be healthy and genetically sound, in
reality, the animals that come from mills often face an array of health problems; including not
only communicable diseases or genetic disorders that present immediately after sale, but also
diseases or disorders that do not surface until several years later, all of which lead to costly
veterinary bills and distress to consumers; and
Ordinance No. 20 I S-8063 Page I of4
12/6/17, 10:30 AM
Page 1 of 5
Agenda Item 8A
December 11, 2017
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WHEREAS, numerous alternatives exist for people to fmd pets, including adoption of animals
from public and private animal rescue organi7.ations or purchase from reputable and
conscientious breeders; and
WHEREAS, across the country, thousands of independent pet stores and large chain stores
operate profitably with a business model focused on the sale of pet services and supplies and not
on the sale of dogs and cats, oflen collaborating with local animal shelters and rescue
organizations to offer space and support fur showcasing adoptable, homeless pets on their
premises; and
WHEREAS. the adoption of regulations governing the sale of dogs and cats in the City will
promote community awareness of anima! wel.fure and foster a more humane environment and
encourage pet consumers to adopt dogs and cots from shelters, thereby saving animals' lives and
reducing the costs to the public of sheltering animals.
NOW, THEREFORE, BE IT ORDAINED BV THE Cff\' OF JACKSONVILLE BEACH,
FLORIDA:
SECTION 1. That the Code of Ordinances, City of Jacksonville Beach, f'lorida Article II,
Division 1, is hereby amended by adding Section 5-3 5, ''Commercial Animal Establishments,."
which section reads as follows:
DIVISION 1. -GENERALLY
Sec. 5-35. Commercial Animal Establishments-Reguircment, for sales of dogs and eats;
definitions; permitted source~; certificate of sour£ei eeoaltics.
(a) Definitions. For puQJ9ses. of.this Seclion._!h .. ti>Unwi,ng word5-tenns. and phrases shall
have the following meanings:
(I) Animal Rescue Orga~jzalion means a humane society. anijD.8] welfare society.
socie1;Y for the prevention of cr:u~.l!y to animals .. or other such not-for-prpfit
corporation or other legal entity devoted t,o the welf~~rotection. and humane
treatment of dogs. cats, or other animals that is duly registered with the Florida
Department of S~ and the Florid~ Degartment of Agriculture and Comumer
Services. as mmlicable. and with the appropriate authori..!l! in the jurisdiction in
which the not-for-profit legal.!.mli~ headquartered.
(2) Breeder means any person or entity that causes dogs gr cats to reproduce.
regardless of the s.ize or number of litt~rs produced. However. this definition
shall not apply to a pet owner who breeds his or her own pet and keeps all of
the offspring. so long as the total nwnber of anima1s does not exceed the
maximum number set forth in Section 34-392(2).
(3) Cal me!llls an PDimal of any age oftbe genus Felis catus.
(4) Dog means an animal of any age of the genus Canis lupus familiaris 01:
resultant hybrids.
Ordinance No. 2015-8063 Page 2 of4
12/6/17, 10:30 AM
Page 2 of 5
Agenda Item 8A
December 11, 2017
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(5) Pet dealer means anY Person that. in the ordinary course of business. engages
in the sale to the public of more than two litters. or 20 dogs or eats· regardless
of number per year. whichever is greater. Animal rescue organizations and
breeders shall be exempt from this classification ..
(6) Pet shop means a retail establishment that. in the ordinary course of business.
engages in the sale of dogs OT cats.
(7) Public animal shelter means a facmtv that is used for housing or containing
dogs or cats or othe~ animals. and that is operated by or on behalf of a state.
coun.J4_municipality. or o_ther_gQ.Y~ental entitx,.
(8) Sale means the transfer of ownership in exchange for compensation or profit,
including money, goods, and services. This definition shall not include
!!@P-tion f~.s chn~d bv..m_aniffi!l} res~_grgl)Ilization.
(b) Permitled sources. After August 17, 2015, pet dealers and pet shops shall not display.
sell, trade, deliver, bjg"ter .. leas~rnL,..auction. Lransfer. pffer for sale or transfer. or
otherwise dispose of dogs or cats in the Citv. unless the pet dealer !>r.Z1shop certifies
that the dog or cat c-ome~ from on~_Qfth~ follov.:ing sources:
(1) Ananjmal_resC~Q!lmtlLZ&t.Lion,_as ddin!!d in this SCL'tion; or
(2) A public animal shelter, as defined in this section.
(c) Certificil(e o( source. A pet dealer or pet shop that obtains __ @gs_..m:. .cats from a
permitted source shaU post conspicuously on the cage of each dog_ and cat, the
fo llowin_g infom1.at iQ.!l;.
(1) ~.QID: of a notari.lCd aflidavit of verification from the .~ce from which the
dog or cat was obtained. A copy of the certificate of source shall also b~
provided to the.Jlli!'Cha~t.!nt~r~of a.Jl):' dO.&..Q!$J!h
(2) The~rne and address of the source from which the dog or cauvas obtained
and the date thereof:
(3) A description of lhe . ..9Qg_Qr .. ~ includiQg_ species, breed, sex, color, and
distinctiv~ markings. physical condition and health. and.~~(ifknown); and
(4) For each dog or cat receiving medical care while in the custody or control of
the pet dealer or pet shop, the 1YQe of s~;:rvice rendered, date, and veterinarian's
name.
(d) This section does not apply to an animal shelter or animal rescue organization that operates
out of or in connection "ith a retail stQ{e,
(e) This section shall not §pply to the.Q.W>.illv, ofrer fq~l~.elivcrrv._bart~ring. auction. giving
away. transfer, or sale of dogs_or cats_frorn th~ises_on \Yhich they were bred and
~
(f) Special mqgistrate. A notice of violation shall be taken before the citv's special magistrate
for consideration of the applicable fmes. The stS<ial magistrate shall el';ercise jurisdiction
Ordinance No. 2015-8063 Page3 of4
12/6/17, 10:30 AM
Page 3 of 5
Agenda Item 8A
December 11, 2017
over such matters as set forth in Article VI. Section 2-170 of the Code of Ordinances of the
City of Jacksonville Beach.
(g) Penalties. Any person who violates this section shall be subject to a fine of $250.00 per
day per dog and/or cat for the frrst violation within a 12-month period. and a fme of
$500.00 per day per dog and/or cat for any subsequent violation within a 12-month
period. The Jacksonville Beach Police ~artment I Jacksonville Beach Animal Control
shall enforce the provisions set forth within this Section.
SECfiON 2. That all ordinances or parts of ordinances in conflict with this ordinance are, to
the extent that the same may conflict, hereby repealed.
SECTION 3. This ordinance shall take effect upon its adoption in accordance with the law.
'~""
DONE IN OPEN MEETING THIS 1'7 DAY OF (UUj tc;C'" , A.D. lOIS.
~~,,
William . am, YOR
I
/! j
.... ···Jau·lA.4. -~-~./ ~ c-t6-
'Laurie Scott, CITY CLERK
Ordinance No. 2015-8063 Page4 of4
12/6/17, 10:30 AM
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Agenda Item 8A
December 11, 2017
Jacksonville Beach, FL Code of Ordinances 12/6/17, 10:30 AM
Sec. 5-35.-Commercial animal establishments-Requirements for sales of dogs and cats; definitions;
permitted sources; certificate of source; penalties.
(a) Definitions. For purposes of this section, the following words, terms, and phrases shall have
the following meanings:
(b)
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(1) Animal rescue organization means a humane society, animal welfare society,
society for the prevention of cruelty to animals, or other such not-for-profit
corporation or other legal entity devoted to the welfare, protection, and humane
treatment of dogs, cats, or other animals that is duly registered with the Florida
Department of State and the Florida Department of Agriculture and Consumer
Services, as applicable, and with the appropriate authority in the jurisdiction in
which the not-for-profit legal entity is headquartered.
(2) Breeder means any person or entity that causes dogs or cats to reproduce,
regardless of the size or number of litters produced. However, this definition shall
not apply to a pet owner who breeds his or her own pet and keeps all of the
offspring, so long as the total number of animals does not exceed the maximum
number set forth in section 34-392(2).
(3) Cat means an animal of any age of the genus Felis catus.
(4) Dog means an animal of any age of the genus Canis lupus familiaris or resultant
hybrids.
(5) Pet dealer means any person that, in the ordinary course of business, engages in
the sale to the public of more than two (2) litters, or twenty (20) dogs or cats,
regardless of number per year, whichever is greater. Animal rescue organizations
and breeders shall be exempt from this classification.
(6) Pet shop means a retail establishment that, in the ordinary course of business,
engages in the sale of dogs or cats.
(7) Public animal shelter means a facility that is used for housing or containing dogs
or cats or other animals, and that is operated by or on behalf of a state, county,
municipality, or other governmental entity.
(8) Sale means the transfer of ownership in exchange for compensation or profit,
including money, goods, and services. This definition shall not include adoption
fees charged by an animal rescue organization.
Permitted sources. After August 17, 2015, pet dealers and pet shops shall not display, sell,
Page 1 of 3
Agenda Item 8A
December 11, 2017
Jacksonville Beach, FL Code of Ordinances 12/6/17, 10:30 AM
trade, deliver, barter, lease, rent, auction, transfer, offer for sale or transfer, or otherwise
dispose of dogs or cats in the city, unless the pet dealer or pet shop certifies that the dog or
cat comes from one of the following sources:
(1) An animal rescue organization, as defined in this section; or
(2) A public animal shelter, as defined in this section.
(c) Certificate of source. A pet dealer or pet shop that obtains dogs or cats from a permitted
source shall post conspicuously on the cage of each dog and cat, the following information:
(1) Copy of a notarized affidavit of verification from the source from which the dog or
cat was obtained. A copy of the certificate of source shall also be provided to the
purchaser or transferee of any dog or cat;
(2) The name and address of the source from which the dog or cat was obtained and
the date thereof;
(3) A description of the dog or cat, including species, breed, sex, color, and distinctive
markings, physical condition and health, and age (if known); and
(4) For each dog or cat receiving medical care while in the custody or control of the
pet dealer or pet shop, the type of service rendered, date, and veterinarian's
name.
(d) This section does not apply to an animal shelter or animal rescue organization that operates
out of or in connection with a retail store.
(e) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving
away, transfer, or sale of dogs or cats from the premises on which they were bred and
reared.
(f) Special magistrate. A notice of violation shall be taken before the city's special magistrate for
consideration ofthe applicable fines. The special magistrate shall exercise jurisdiction over
such matters as set forth in Article VI, section 2-170 of the Code of Ordinances of the City of
jacksonville Beach.
(g) Penalties. Any person who violates this section shall be subject to a fine of two hundred fifty
dollars ($250.00) per day per dog and/or cat for the first violation within a twelve-month
period, and a fine of five hundred dollars ($500.00) per day per dog and/or cat for any
subsequent violation within a twelve-month period. The jacksonville Beach Police
Department/jacksonville Beach Animal Control shall enforce the provisions set forth within
this section.
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Agenda Item 8A
December 11, 2017
Jacksonville Beach, FL Code of Ordinances 12/6/17, 10:30 AM
( Ord. No. 2015-8063, § 1, 8-17-15)
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Agenda Item 8A
December 11, 2017
INTRODUCED BY: ORDINANCE NO. 2015-20
MAYOR PRUETTE
A BILL TO BE ENTITLED
AN ORDINANCE OF THE CITY OF NEPTUNE BEACH, FLORIDA,
AMENDING CHAPTER 6, ANIMALS, CREATING ARTICLE Ill,
"COMMERCIAL ANIMAL ESTABLISHMENTS," ADDING SECTION 6-34,
REQUIREMENTS FOR SALES OF DOGS AND CATS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PERMITTED SOURCES; PROVIDING
FOR CERTIFICATE OF SOURCE; AND PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Whereas, the humane treatment of animals is an important public purpose; and
Whereas, puppy and kitten mills are inhumane and unsanitary commercial breeding facilities for
dogs and cats in which the health of the dogs and cats is disregarded to maintain a low
overhead and maximize profits ; for example, by keeping parent dogs and cats in cages for their
entire lives without adequate food, water, veterinary care, or socializations; breeding females
multiple times per year with little to no recovery time between litters; and breeding dogs and
cats regardless of whether they carry congenital or hereditary diseases; and
Whereas, according to United States Department of Agriculture reports, documented problems
found at puppy and kitten mills include; 1) sanitation problems leading to infectious diseases; 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, the Humane Society of the United States estimates that each year two to four million
dogs and cats are born in the United States in puppy and kitten mills; and
Whereas, the most effective away to stop puppy and kitten mills is to discourage the purchase
and sale of puppies and kittens produced at these inhumane facilities; and
Whereas, according to the Humane Society of the United States, although American
consumers purchase dogs and cats believing the pets to be healthy and genetically sound, in
reality, the animals that come from mills often face an array of health problems; including not
only communicable diseases or genetic disorders that present immediately after sale, but also
diseases or disorders that do not surface until several years later, all of which lead to costly
veterinary bills and distress to consumers; and
Whereas, numerous alternatives exist for people to find pets, including adoption of animals from
public and private animal rescue organizations or purchase from reputable and conscientious
breeders; and
Whereas, across the country, thousands of independent pet stores and large chain stores
operate profitably with a business model focused on the sale of pet services and supplies and
not on the sale of dogs and cats, often collaborating with local animal shelters and rescue
Agenda Item 8A
December 11, 2017
Page 2 of 4 Ordinance No 2015-20
organizations to offer space an d support for showcasing adoptable, homeless pets on their
premises; and
Whereas, the adoption of regulations governing the sale of dogs and cats in the City will
promote community awareness of animal welfare and foster a more humane environment and
encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives
and reducing the costs to the public of sheltering animals.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF NEPTUNE BEACH,
FLORIDA,
Section 1. Chapter 6, Article Ill, Section 6-34. Requirements for Sales of Dogs and Cats shall
be crea ted as follows:
Sec. 6-34. Requirements for Sales of Dogs and Cats. Requirements for sale of dogs
and cats; definitions; permitted sources; certificate of source; penalties.
(a) Definitions. For purposes of this Section, the following words , terms , and phrases
shall have the following meanings:
(1) Animal Rescue Organization means a humane society , animal welfare
society, for the prevention of cruelty to animals, or other such not-for-profit
corporations or other legal entity devoted to the welfare , protection, and
humane treatment of dogs , cats , or other animals that is duly registered
with the Florida Department of State and the Florida Department of
Agriculture and Consumer Services , as applicable, and with the
appropriate authority in the jurisdiction in which the not-for-profit legal entity
is headquartered.
f2t Breeder means any person or entity that causes animals dogs or cats to
reproduce . regardless of the size or number of litters produced . However.
this definition shall not apply to a pet owner who breeds his or her own pet
and keeps all of the offspring . . 1\n establishment used for breeEling,
except for a hobby breeder as provided herein, shall be regulated as a
kennel.
(3) Hobby Breeder means a person or entity that is an active member of a
national. state or local breeder organization and that houses or breeds
dogs or cats at or adjoining a private residence for the purpose(s) of:
improving the breed; exhibiting dogs or cats at shows operated by a
national, state. or local breeder organization; or raising service anima ls or
animals used for law enforcement or other types of work. A hobby breeder
may sell two (2) litters of puppies or kittens per year. per household . ,se
long as the total number of dogs and.tor cats kept on the premises does not
constitute a kennel as defined herein . A hobby breeder that sells more
than two litters per year. per household shall be deemed to be a pet dealer.
as defined herein.
(4) Cat means an animal of any age of the genus Felis catus.
(5) Dog means an animal of any age of the genus Canis lupus familiaris or
resultant hybrids.
Agenda Item 8A
December 11, 2017
Page 3 of 4 Ordinance No 2015-20
(6) Pet dealer means any person that , in the ordinary course of busi ness.
engages in the sale to the public of more than two (2) litters, or 20 dogs or
cats . per 'lear regardless of number per year. whichever is greater. +A-is
classification shall include pet shops as well as breeders who sell directl'l
to the consumer. Animal rescue organizations and ~ breeders,...as
defined herein. shall be exempt from this classification .
(7) Pet shop means a retail establishment that , in the ordinary course of
business , engages in the sale of dogs or cats.
(8) Public animal shelter means a facility that is used for housing or containing
dogs or cats or other animals , and that is operated by or on behalf of a
state , county , municipality , or other governmental entity.
(9) Sale means the transfer of ownership in exchange for compensation or
profit , including money, goods. and services. This definition shall not
include adoption fees charged by an animal rescue organization .
(b) Permitted sources, After February 1. 2016 , pet dealers and pet shops shall not
display , sell , trade , deliver, barter, lease , rent, auction, transfer, offer for sale or
transfer , or otherwise dispose of dogs or cats in the City, unless the pet dealer or pet
shop certifies that the dog or cat comes from one of the following sources:
(1) An animal rescue organization, as defined in this section; or
(2) A public animal shelter, as defined in this section.
(c) Certificate of source . A pet dealer or pet shop that obtains dogs or cats from a
permitted source shall post conspicuously on the cage of each dog and cat, the
following information:
(1) Copy of a notarized affidavit of verification form the source from which the dog or
cat was obtained. A copy of the certificate of source shall also be provided to the
purchaser or transferee of any dog or cat;
(2) The name and address of the source from which the dog or cat was obtained and
the date thereof;
(3) A description of the dog or cat , including species , breed, sex , color, and distinctive
markings , physical condition and health , and age (if known); and
(4) For each dog or cat receiving medical care while in the custody or control of the
pet dealer or pet shop , the type of service rendered , date, and veterinarian's
name.
(d) This section shall not apply to the display , offer for sale , delivery, bartering, auction,
giving away, transfer, or sale of dogs, cats , or rabbits from the premises on which they
were bred and reared.
(e) Special magistrate. A notice of violation shall be taken before the City's special
magistrate for consideration of the applicable fines. The special magistrate shall
exercise jurisdiction over such matters as set forth in Section 2-439 of the Code of
Ordinances of the City of Neptune Beach.
Agenda Item 8A
December 11, 2017
Page 4 of 4 Ordinance No 2015-20
(f) Penalties. Any person who violates this section shall be subject to a fine of $250.00
per day per dog and I or cat for the first violation within a 12-month period, and a fine
of $500.00 per day per dog and /or cat for any subsequent violation within a 12-month
period. The Neptune Beach Police Department I Neptune Beach Animal Control shall
enforce the provision set forth within this Section.
Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are, to
the extent that the same may conflict, hereby repealed.
Section 3. This Ordinance shall become effective upon its adoption in accordance with the
law.
VOTE RESULTS OF FIRST READING:
Mayor Harriet Pruette
Vice Mayor Richard Arthur
Councilor John Jolly
Councilor Kara Tucker
Councilor Scott Wiley
Yes
Yes
Yes
Yes
Yes
Passed on First Reading this 2nd day of November, 2015.
VOTE RESULTS OF SECOND AND FINAL READING:
Mayor Harriet Pruette
Vice Mayor Richard Arthur
Councilor John Jolly
Councilor Kara Tucker
Councilor Scott Wiley
Yes
Yes
Yes
Yes
Yes
Adopted on Second and Final Reading this day 41h of January, 2016.
Harriet Pruette, Mayor
ATTEST:
Karla Strait, CMC, City Clerk
Approved as to form and correctness:
Patrick Krechowski, City Attorney
Agenda Item 8A
December 11, 2017
Neptune Beach, FL Code of Ordinances 12/6/17, 10:26 AM
ARTICLE Ill.-COMMERCIAL ANIMAL ESTABLISHMENTS
Sec. 6-34.-Requirements for sales of dogs and cats. requirements for sale of dogs and cats; definitions;
permitted sources; certificate of source; penalties.
(a) Definitions. For purposes of this section, the following words, terms, and phrases shall have
the following meanings:
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(1) Animal rescue organization means a humane society, animal welfare society, for
the prevention of cruelty to animals, or other such not-for-profit corporations or
other legal entity devoted to the welfare, protection, and humane treatment of
dogs, cats, or other animals that is duly registered with the Florida Department of
State and the Florida Department of Agriculture and Consumer Services, as
applicable, and with the appropriate authority in the jurisdiction in which the not-
for-profit legal entity is headquartered.
(2) Breeder means any person or entity that causes dogs or cats to reproduce,
regardless of the size or number of litters produced. However, this definition shall
not apply to a pet owner who breeds his or her own pet and keeps all of the
offspring.
(3) Hobby breeder means a person or entity that is an active member of a national,
state or local breeder organization and that houses or breeds dogs or cats at or
adjoining a private residence for the purpose(s) of: improving the breed;
exhibiting dogs or cats at shows operated by a national, state or local breeder
organization; or raising service animals or animals used for law enforcement or
other types of work. A hobby breeder may sell two (2) litters of puppies or kittens
per year, per household. A hobby breeder that sells more than two (2) litters per
year, per household shall be deemed to be a pet dealer, as defined herein.
(4) Cat means an animal of any age of the genus Felis catus.
(5) Dog means an animal of any age of the genus Canis lupus familiaris or resultant
hybrids.
(6) Pet dealer means any person that, in the ordinary course of business, engages in
the sale to the public of more than two (2) litters, or twenty (20) dogs or cats,
regardless of number per year, whichever is greater. Animal rescue organizations
and breeders shall be exempt from this classification.
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Agenda Item 8A
December 11, 2017
' Neptune Beach, FL Code of Ordinances 12/6/17, 10:26 AM
(7) Pet shop means a retail establishment that, in the ordinary course of business,
engages in the sale of dogs or cats.
(8) Public animal shelter means a facility that is used for housing or containing dogs
or cats or other animals, and that is operated by or on behalf of a state, county,
municipality, or other governmental entity.
(9) Sale means the transfer of ownership in exchange for compensation or profit,
including money, goods and services. This definition shall not include adoption
fees charged by an animal rescue organization.
(b) Permitted sources, After February 1, 2016, pet dealers and pet shops shall not display, sell,
trade, deliver, barter, lease, rent, auction, transfer, offer for sale or transfer, or otherwise
dispose of dogs or cats in the city, unless the pet dealer or pet shop certifies that the dog or
cat comes from one (1) of the following sources:
(1) An animal rescue organization, as defined in this section; or
(2) A public animal shelter, as defined in this section.
(c) Certificate of source. A pet dealer or pet shop that obtains dogs or cats from a permitted
source shall post conspicuously on the cage of each dog and cat, the following information:
(1) Copy of a notarized affidavit of verification form the source from which the dog or
cat was obtained. A copy of the certificate of source shall also be provided to the
purchaser or transferee of any dog or cat;
(2) The name and address of the source from which the dog or cat was obtained and
the date thereof;
(3) A description of the dog or cat, including species, breed, sex, color, and distinctive
markings, physical condition and health and age (if known); and
(4) For each dog or cat receiving medical care while in the custody or control of the
pet dealer or pet shop, the type of service rendered, date, and veterinarian's
name.
(d) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving
away, transfer, or sale of dogs, cats, or rabbits from the premises on which they were bred
and reared.
(e) Special magistrate. A notice of violation shall be taken before the city's special magistrate for
consideration of the applicable fines. The special magistrate shall exercise jurisdiction over
such matters as set forth in section 2-439 of the Code of Ordinances of the City of Neptune
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Agenda Item 8A
December 11, 2017
Neptune Beach, FL Code of Ordinances 12/6/17, 10:26 AM
Beach.
(f) Penalties. Any person who violates this section shall be subject to a fine of two hundred fifty
dollars ($250.00) per day, per dog and/or cat for the first violation within a twelve-month
period, and a fine of five hundred dollars ($500.00) per day, per dog and/or cat for any
subsequent violation within a twelve-month period. The Neptune Beach Police
Department/Neptune Beach Animal Control shall enforce the provision set forth within this
section.
(Ord. No. 2015-20 , § 1, 1-4-16)
Sees. 6-35-6-50. -Reserved.
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