Agenda Item 8B- Regulating Retail Sales of PetsAGENDA ITEM:
SUBMITTED BY:
REPORT DATE:
BACKGROUND:
JUSTIFICATION:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
COMMISSIONER'S REPORT
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".
John M. Stinson, Commissioner, Seat No. 2
6th of December 2017
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 14th 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 colleagues
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.
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 4th 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 sale as pets
would not affect any current business enterprise.
Agenda Item 8B
January 8, 2018
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM 118E
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 8B
January 8, 2018
September 14, 2015 REGULAR COMMISSION MEETING
AGENDA ITEM 1/IA
SEPTEMBER 28,2015
Page9
Director of Hmnan 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. Betry 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 Conuuission to move this f01ward to the next agenda for action.
Ms. Berry stated our employee Health Fair is next Thursday, September 24, and she hopes to see the
Commission there.
E. Ordinance Banning the Retail Sale of Dogs and Cats.
Commissioner Mark explained recently the City of Jacksonville Beach approved an or inance outlawing the
sale of puppies and kitties which come from Puppy/Kitty Mills and she was asked to bring this before the
Commission to see if thjs is something they would want to enact an ordinance for. She stated since we do not
have those btlsinesses in our City now, tllis 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 ordinance for
the City 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.
Discussjon ensued. Commissioner Mark suggested that they bring tlus 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 tmder Miscellaneous Business for
further discussion.
Agenda Item 8B
January 8, 2018
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Introduced By: .Qoum:jl Mquber leanell Wilwn
1st Reading: August3.20!S
2nd Reading: .Au!AA1 17 2015
ORDINANCE NO. 2015-8063
AN ORDINANCE AMENDING CHAPTER 5, "ANIMALS", OF THE CODE OF
ORDINANCES OF THE CITY OF JACKSONVILLE BEACH, FLORIDA, BY
CREATING ARTICLE ll, 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 HEREWITH; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, 1he 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 tow
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 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 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
consumers 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 lbat do not surface until several years later, all of which lead to costly
veterinary bills and distress to consumers; and
Ordinance No. 2015-8063 Page 1 of4
12/6/17, 10:30 AM
Page 1 of 5
Agenda Item 8B
January 8, 2018
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WHEREAS, numerous alternatives exist for people to fmd pets, including adoption of animals
from public and private animal rescue organi:~.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, ofien 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 tbe City will
promote community awareness of animal welfure 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 Cff\' OF JACKSONVILLE BEACH,
FLORIDA:
SECTION 1. That the Code or Ordinances, City of Jacksonville Beach. Florida Article II,
Division l, is hereby amended by adding Section 5-35, "Commercial Animal Establishments,,.,
which section reads as follows:
DIVISION 1. -GENERALLY
~£. 5-35. Commerdal Animal Est!..blisJ~f!!Snt!i-Requirement~ for sales of dogs and cats;
definitions; permitted souncs; certificate ofsollr£ei nenaltics.
(a) De{jnitions. For puQJQses. of,this Scction •. Jh.e..Jl>l.lnwing words, tenns, and phrases shall
have the following meanings:
(l) An;mal Rescue Organizalion means a humane society. animal welfare society.
society for the prevention of CJ:U.tlb' to animals. or other such not-for-pr,ofit
corporation or other legal entity devoted to the wclfaf!!...:...llrotection, and humane
treatment of dogs, cats, or other animals that is duly registered with the Florida
Department of State and the Florid~ Degartment of Agriculture and Consumer
Services, as applicable. and with the aP.Propriate authority in the jurisdiction in
which the not-for-profi~_~.J;yj§ headquartered.
(2) Breeder means any persw 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 num®r of animals does not exceed the
maximum number set forth in Section 34-392(2).
(3) Cat means M animal of any Dg{l of the genus Felis catus.
( 4) Dog means an animal of any age of the genus Canis lupus familiaris or
resultant hybrids.
Ordinance No. 2015-8063 Pagc2 of4
12/6/17, 10:30 AM
Page 2 of 5
Agenda Item 8B
January 8, 2018
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(5) Pet dealer means any person that. in the ordinary oome of business. engages
in the sale to the public of more than two litters. or 20 dogs or cat§, regardless
of number per year, whichever is greater. Animal rescue organi:mtions 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 animaJs, and that is operated by or on behalf of a state,
£QY!l~munici11ality. or o.ther.gQyffi!!!lenlal entitx,.
(8) Sale means the transfer of ownership in exchange for compensation or profit,
inclttding money, goods, and services. This definition shall not include
adoJ!tion f~.s chl!rg_~d bvJll._animal res~.Qigl)Ilization.
(b) Permitted sources. After August 17, 2015, pet dealers and pet shops shall not display,
sell, trade, deliver, barter, lease. rent. .auclion, Lransfer. pffer for sale or transfer. or
otherwise dispose of dogs or cats in the Citv. unless the pet dealer yr..lli;1, shop certifies
that the dog or cat C{)mes from on~_ill. th~. following sources:
( 1) An animal resC.m=_QUl:!!niza.tion,.as qdin!;:d in this section; or
(2) A public animal shelter, as defined in this section.
(c) Certifica(e o( source. A pet dt:aler or pet shop that obtains _<llgs . ..m:. .cals from a
pennittcd source shall post conspicuously on the cage of each doJUtnd cat, the
following infomwticm.;,
(1) ~..QID'_Qf a notariled aflidavit of verili£gJiml..fr.Q.m..JM..Sill!fCS: frQm which the
dog or cat was obtained. A copy of the certificate of source shall also bt<
provided to .the [!Urcha~.t.l!:ll~r~lf an).' d(~_!!h
(2) The name and address of the source from which the dog or cat -~vas obtaineyj
and the date thereof;
(3) A description of the ,J:!Qg__Qr_,gfu incllli!i:Qg_ suecies, breed, sex, color, and
distinctiv~ markings, physical condition and health, and.!l~{ifknown): and
(4) For each dog or cat receiving medical care while in the custody or control of
the pet dealer or pel shop, the we of service rendered, date, and veterinarian's
name.
(d) This section docs not apply to an animal shelter or anim...al rescue organization that operates
out of or in connection ~ith a retail stQEe ..
(e) This section shall not apply to the.Q!.ru:J_!gy, offer fqr s~~.eliv~bart<;ring. auction. giv.i!Jg
away. transfer, or sale of dogs . .QL cats __ frorn lhSL.P!!lli.lises . .Qll . .'Whic~ they were bred and
~
(f) Special magistrate. A notice of violation shall be taken before the city's special magistrate
for consideration of the applicable fmes. The special magistrate shall exe&:Cise jurisdictiog
Ordinance No. 2015-8063 Page3 of4
12/6/17, 10:30 AM
Page 3 of 5
Agenda Item 8B
January 8, 2018
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)
about:blank
(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 ofthe 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 8B
January 8, 2018
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 of the 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 8B
January 8, 2018
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 8B
January 8, 2018
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 PENAL TIES;
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 8B
January 8, 2018
Page 2 of 4 Ordinance No 2015-20
organizations to offer space and support for showcasing adoptable, homeless pets on their
premises; and
Whereas, the adoption of regula ions 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 created 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 .
f2} Breeder means any person or entity that causes afl-imats do gs or cat s to
reproduce , rega rdle ss of the si ze or numb er of li tte rs produ ce d. However.
this de fi ni tion sha ll not apply to a pe t owne r w ho breed s his or he r own pet
and kee ps all of the off spring. ~ent used fur breeding ,
except for a hobby breeder as previded herein, shall be regulated as a
kennel.
(3) Hobby Breeder means a person or en t ity th at is an acti ve mem ber of a
national, state or local breeder organ iza t ion and that houses or b reeds
dogs or cats at or ad joinin g a pr ivate residence for t he purp ose(s 'l of:
improv ing the bree d; exhib iting dogs or cat s at shows operated by a
nat ional. state. or local breede r organizat ion ; or raising service ani mals or
animals used fo r law en forcemen t or oth er ty pes of w ork. A hobby b reede r
may sell tw o {2) litte rs of puppies or kittens pe r yea r. pe r househo ld. ,-sa
lena as tho total n~:~mbor of doas and/or cats keet en tho prem ises does not
constitute a kennel as defined herein . A abb y breeder t hat sells more
than two litte rs per ye ar. per household sha ll be de emed to be a pe t dealer .
as defined here in.
(4) Cat means an anima l of any age of the gen s Felis catus .
(5) Dog means an animal of any age of the genus Canis lupus familiaris or
resultant hybrids.
Agenda Item 8B
January 8, 2018
Page 3 of 4 Ordinance No 2015-20
(6) Pet dea ler mea ns a ny pe rson t hat , in the ord i nary c ourse of b usiness ,
eng a ges in t he s ale to the pu bl ic of more th a n two (2 ) l itters , o r 2 0 dog s o r
9ats. f re a rd le ss o f numb e r e r ear wh ichev er is reate r. +ftiB
Gtassmca t ion s ha ll i nc lud e pe t sh op s as •Nell a s breeders •Nl=l o se ll dire c tly
to the co nsu m er. A nimal rescue o rgan izati ons and Ae9by-breeders,as
define d here in-,. shall be exem pt fro m t hi s cl as si ficat io n .
(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 Fe bruary 1, 2 0 16 , pet dealers and pet shops shall not
display, sell, trade, deliver, barte r, lease, rent, auction, transfer, offer for sale or
t ransfer, 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, b reed, sex, color. and distinctive
markings, physical cond ition 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 8B
January 8, 2018
Page 4 of4 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 lor 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 8B
January 8, 2018
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:
about: blank
(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 ofthe 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 8B
January 8, 2018
' ' 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 8B
January 8, 2018
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 offive 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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Agenda Item 8B
January 8, 2018