Handout- Ordinance- BDurden 1-22-18 %z/r8 " ; 610.4m1".4.--)
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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
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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
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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
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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'�
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SECTION 1. Findings. The foregoing recitals are true and correct.
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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 `\ •'\
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/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.
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,(2) _._Pet Mills•.Rrohibited.\No,pet mills shall be permitted to operate in the
/,''City of.AtlanticBeaeh.
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(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;
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(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;
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(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: .
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2.
(1) The name and address of the source from which the4og or cat was
obtained and date thereof; N
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(2) A copy of the certificate of source.shall -:also be provided to the
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purchaser or transferee of any pet ',,,„i-7
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(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:
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(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.
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(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.
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(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
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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.
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(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;•.,
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/•_ .�\ b. __ No_genetic or heredity health testing appropriate for the breed is
�` \,. conducted;~`\';F
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\ . .N long term (over one [1] year) guarantees are honored;
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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.
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(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. \ , `
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SECTION 3. Conflict',,, `� �_.�
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All ordinances-previously adopted by t1,e>City and in conflict with this ordinance are
repealed to thee extent inconsistent herewith./
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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.
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CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
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Approved as to form and correctness: / /
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Brenna M. Durden, City Attorney „/„ •
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