Loading...
Handout- Ordinance- BDurden 1-22-18 %z/r8 " ; 610.4m1".4.--) DRAFT 1/22/2018 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE ATLANTIC BEACH CODE OF ORDINANCES; ADDING SECTION 4-16, REQUIREMENTS FOR SALES OF DOGS AND CATS; PROVIDING FOR DEFINITIONS; PERMITTED SOURCES; CERTIFICATE OF SOURCE; AND PENALTIES; PROVIDING FOR CONFLICT; 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,\yetermary care, or socializations; breeding females multiple times,•per year yith 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 p-uppy and kitten mills include: 1) sanitation problems leading to infectious diseases; large numbers ofanimals in cages; 3) lack of proper veterinary care f ro Ksevere illnesses a`dpi juries;'4) lack of protection from harsh weather conditions; and 5)lack of adequate food'and water; and WHEREAS,_the Humane Soc ety of the United States estimates that each year two to four million dogs and--catsare born in the United States in puppy and kitten mills; and ,,a WHEREAS, thejmost effective way to stop puppy and kitten mills is to discourage the purchase.and'-sale of puppies andkittens 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 riot 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 00918792-1 DRAFT 1/22/2018 supplies and not on the sale of dogs and cats, often collaborating with local animal shelters and rescue organizations to offer space and 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 ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ,�`f'� /f ( SECTION 1. Findings. The foregoing recitals are true and correct. r' o' `, SECTION 2. The Code of Ordinances of the Cityy,of Atlantic..3each,`F,lorida, is hereby amended by adding a new section to be numbered--Sec. 4-16, which section shall read as follows: ffr `\ •'\ / /, /Sec. 4-16. Requirements for Sales of Dogs and'Cats. Requirements for sales of dogs and cats; definitions: permitted sources;ertificate,of.source; penalties. (a) Prohibition. \ �. (1) Retail Pet Sales Restricted( No.-petstore shall display, sell, deliver, offer-"for sale;. barter, auction, give away or otherwise transfer or dispose of'pets)in the City o.or after the effective date of this Section. ,„ \-",(---\, \\,).,-) ,(2) _._Pet Mills•.Rrohibited.\No,pet mills shall be permitted to operate in the /,''City of.AtlanticBeaeh. \ (b)\: Exemptions:.This Section shall not apply to: (1),'._._An anin al'shelter; (2} Ani al rescue organization; (3) An animal shelter or animal rescue organization which operates out of or in connection with a pet store., (4) An animal hospital or veterinarian's office; 00918792-1 2 DRAFT 1/22/2018 (5) A pet store engaged in the display, sale, deliver, offer of sale, barter, auction, gifting or transfer of pets other than cats or dogs; (6) A pet store or its owner, operator or employees that provide 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 a pet store for the purpose of adopting those animals to the public; /F f (7) Hobby breeders. /'/< (c) Certificate of Source. A pet store, animal/fescue organization or animal shelter that obtains dogs or cats from` a permitted 'source shall post conspicuously on the cage of each dog or/cat: . `f ' 2. (1) The name and address of the source from which the4og or cat was obtained and date thereof; N g. (2) A copy of the certificate of source.shall -:also be provided to the 1 purchaser or transferee of any pet ',,,„i-7 •` e '/, (3) A descr tion of the do .or cat, including species breed, sex, color and distinctive markings:,, physical condition and health, and age (if known); arid ~' ,(4) For each'dog.or Cate receiving medical care while in the custody or / '\ control of the or pet shop, the type of service rendered, \ date,and vejterinarian's name. (d) Definitions. For/purposes of this Section, the following words, terms, and phrases shall'have the/following meanings: \1\J (1) Animal Rescue Organization means 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, injured or surrendered animals and which does not breed animals and which obtains its animals through donation only. 00918792-1 3 DRAFT 1/22/2018 (2) Animal Shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals. (3) Cat means an animal of the Felidae family of the order Carnivora. (4) Certificate of Source means a copy of a notarized affidavit of verification from the source from which the pet was obtained. <f (5) Dog means an animal of the Canidae family of the order of Carnivora. (6) Hobby Breeder means any person or entitY\that causes or allows the breeding or studding of a dog,dr:cat resulting in"no more_than a total of one litter per adult female a imal`per calendar year-.whether or not the • animals in such litter are offered for-sale or other transfer from the premises on which thewere br yed. This'does not include a breeder that sells to a retail store. \ - (7) Pet Mill means a facility where pets are bred for the purpose of selling them and where any two of the'fol.lowing conditions are found to exist: a. 4 More.tha twenty.(20) dogs under the age of 12 weeks or more than twenty--(20) cats.under the age of 16 weeks are kept at a `� ` single time;•., 1 rf `moi /•_ .�\ b. __ No_genetic or heredity health testing appropriate for the breed is �` \,. conducted;~`\';F • \ . .N long term (over one [1] year) guarantees are honored; d _,A• single female is bred every cycle; e. A single female is bred more than five (5) times; f. There are no records of the dog or cat's parents: g. More than eight (8) dogs or cats are kept in a single cage or kennel area. 00918792-1 4 DRAFT 1/22/2018 (8) Pet Store means a pet shop, pet groomer, pet beauty parlor or other retail establishment open to the public and engaging in the business of selling pet supplies and/or services and/or offering for sale and/or selling animals at retail. (9) Pet Store Operator means a person who owns or operates a pet store or both. (10) Retail Sale includes display, offer for sale, offer for adoption, barter, auction, give away or other transfer of any.cato dog. (e) Penalties. Any person who violates this section shall be subject to a fine of $250.00 per day per animal for the first violation within/a twelve (12) month period, and a fine of$500.00 per day per animal for any subsequent violation within a twelve (12) month period. The Atlantic Beach Police Department/Atlantic Beach Animal•Control'shall enforce the provisions set forth within this Section. Each daysany violation of any provision of this Section shall continue constitutes a separate offense. (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.�Section of the Code of Ordinances of the City of Atlantic fleach. \ , ` ;f •V SECTION 3. Conflict',,, `� �_.� 4 `\�' All ordinances-previously adopted by t1,e>City and in conflict with this ordinance are repealed to thee extent inconsistent herewith./ / \. � \N• SECTION4. Severability If ay section .subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed\a/separate, distinct and independent provision and such holding shall not be construed to'render the remaining provisions of this Ordinance invalid or unconstitutional. \~� SECTION 5. Effective Date. This ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2018. PASSED by the City Commission on second and final reading this _ day of , 2018. 00918792-1 5 DRAFT 1/22/2018 CITY OF ATLANTIC BEACH Ellen Glasser, Mayor Attest: Donna L. Bartle, City Clerk " / > Approved as to form and correctness: / / , \ \ Brenna M. Durden, City Attorney „/„ • .„ ' / / \ \ \,,, // / .., / \ \ \ < \ N• " / , • \ / \/7 ..,, "-- \ \ • , , N . ,. 1/4 • \ , / , ,-------„, . • \ . ,,-, \ \ \ / ./ --, / \., / -/ // \„‘ \N ) \ / \ ‹' \ -• , • • ) N \ \ ',.. ,------- N., ‘,,, • -,. ''',-/ \ / / ,.. r` -,„ -,., ., , /• . , . „, /7----'--, • . ,„ \ / \ , \ • ) / \ '• ,,,- -\ ,. \ \ \\ i- „ \ \ ) / \ "\,,/ , 00918792-1 6