3-12-18 Handout- Ordinance 95-18-115- BDurdenDRAFT 3/8/2018
ORDINANCE NO. 95-18-115
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, CERTIFICATES OF SOURCE, PENALTIES AND
ENFORCEMENT BY SPECIAL MAGISTRATE; AMENDING SECTION 2-
146.1 OF THE ATLANTIC BEACH CODE OF ORDINANCES,
JURISDICTION OR SPECIAL MAGISTRATE; 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, 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 way 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
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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 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:
SECTION 1. Findings. The foregoing recitals are true and correct.
SECTION 2. New Section 4-16. The Code of Ordinances of the City of Atlantic
Beach, Florida, is hereby amended by adding a new section to be numbered Sec. 4-16,
which section shall read as follows:
Sec. 4-16. Requirements for Sales of Dogs and Cats. Requirements for sales of dogs and
cats: definitions: permitted sources: certificate of source• penalties
(a) Prohibition.
(1) Retail Sales Restricted No pet store nor pet store operator shall
display, sell, deliver, offer for sale, barter, auction, give away or
otherwise transfer or dispose of dogs and cats in the City except as
provided in this Section on or after the effective date of this Section.
(2) Pet Mills Prohibited. No pet mills shall be permitted to operate in the
City of Atlantic Beach.
(b) Exemptions. This Section shall not apply to:
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(1) An animal shelters
(2) Animal 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:
(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 that provides space and appropriate care for cats and/or
dogs that are owned by an animal shelter or an animal rescue
organization and maintained at a pet store for the purpose of adopting
those dogs and cats to the public:
(7) Hobby breeders.
(c) Certificate ofSource. A pet store that houses and adopts dogs or cats to the
public from an animal shelter or animal rescue organization shall post
conspicuously on the cage of each dog or cat:
(1) The name and address of the source from which the dog or cat was
obtained and date thereof:
(2) A copy of the certificate of source shall also be provided to the
purchaser or transferee of any pet:
(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 cate receiving medical care while in the custody or
control of the pet store, the type of service rendered, date and
veterinarian's name.
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(d) Definitions. For purposes of this Section, the following words, terms, and
phrases shall have the following meanings.
(1) Animal Rescue Organization means humane society or other du1X
incorporated nonprofit organization lawfully authorized to conduct
business in the State of Florida 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.
(2) Animal Shelter means a municipal or related public animal shelter or
duly incorporated nonprofit organization lawfully authorized to
conduct business in the State of Florida that is devoted to the rescue,
care and adoption of stray, abandoned or surrendered animals, and
which does not breed animals.
(3) Breeder means any person or entity that has more than a total of three
(3) but less than nine (9) intact dogs and cats over the age of six (6)
months on the premises at any one time and causes or allows the
breeding or studding of such dog or cat. A breeder must be lawfullX
authorized to conduct business in the State of Florida and shall be
subject to inspection on an annual basis by the Atlantic Beach Animal
Control.
(4) Cat means an animal of the Felidae family of the order Carnivora.
(5) Certificate of Source means a copy of a notarized affidavit of verification
from the source from which the cat or dog was obtained.
(6) Dog means an animal of the Canidae family of the order of Carnivora.
(7) Hobby Breeder means any person or entity that has not more than a
total of three (3) intact dogs and cats over the age of six (6l months on
the premises at any one time and causes or allows the breeding or
studding of such dog or cat.
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(8) Intact dog or cat means a dog or cat that has not been spayed or
neutered.
(9) Pet Mill means a facility where cats and/or dogs are bred for the
purpose of selling them and where any one of the following conditions
is found to exist:
a. More than twenty (20) dogs under the age of twelve (12) weeks or
more than twenty (20) cats under the age of sixteen (16) weeks
are kept at the facility at a single time:
b. No genetic or heredity health testing appropriate for the breed is
conducted:
C. Two or more long term Cover one [1] year) guarantees are not
honored:
d. A single female is bred every cycle:
e. A single female is bred more than five (5) times in her lifetime:
f. There are no records of the dog or cat's parents: or
g. More than a total of eight (8) intact dogs and cats are kept at the
facility over the age of six (6) months.
(10) 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.
(11) Pet Store Operator means a person who owns or operates a pet store or
both.
(12) Retail Sale includes display, offer for sale, offer for adoption, barter,
auction, give away or other transfer of any cat or dog.
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(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 day any violation of any provision of this
Section shall continue constitutes a separate offense.
(fl Special magistrate. A notice of violation shall be taken before the City's
special magistrate for consideration of the alleged violations of this section and applicable
fines. The special magistrate shall exercise jurisdiction over such matters in accordance
with Section 2-146.1 of the Code of Ordinances of the City of Atlantic Beach.
SECTION 3. Section 2-146.1, Jurisdiction of Special Magistrate of the Code of
Ordinances of the City of Atlantic Beach is hereby amended to read as follows:
Sec. 2-146.1- Jurisdiction of special magistrate.
(a) A special magistrate or special magistrates shall be appointed and removed
by the city manager subject to the approval of the commission and shall have the
jurisdiction and authority to hear and decided alleged violations of the section4-10,
dangerous dogs, section 4-11, classification of dogs as dangerous; certification of
registration; notice and hearing requirements; confinement of animal; exemption; appeals;
unlawful acts, and alleged violations of Section 4-16. Requirements for Sales of Dogs and
Cats. Appointment of the special magistrate shall be made on the basis of experience and
interest in the subject matter. A special magistrate must be a member in good standing of
the Florida Bar.
(b) The special magistrate shall receive such compensation as determined by the
commission.
(c) The special magistrate shall have the power to:
(1) Adopt rules for the conduct of the hearings.
(2) Subpoena alleged violators and witnesses to hearings.
(3) Subpoena evidence.
(4) Take testimony under oath.
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(5) Issue orders having the force of law to command whatever steps are
necessary to bring a violation into compliance.
(d) The special magistrate may impose fines and penalties to cover all costs
incurred by the city in enforcing its codes. Criteria that the special magistrate may consider
include, but is not limited to, the following:
(1) As to Sections 4-10 and 4-11 of the Code of Ordinances:
{4}a. The gravity of the incident giving rise to the dangerous dog
declaration.
f2- . Any previous animal control violations.
{-3}c. Any actions taken by the dog owner to prevent or correct
aggressive behavior.
f4}d. The complexity and resources required to complete the
investigation.
{-5}e. The cost and outcome of the hearing.
(2) As to Section 4-16 of the Code of Ordinances:
a. The gravity of the incident giving rise to the allege violation(s).
b. Any previous sales of dogs or cats in violation of Section 4-16.
C. Any actions taken by the violator to prevent or correct the
alleged violation(sl.
d. The complexity and resources required to complete the
investigation.
e. The cost and outcome of the hearing.
SECTION 4. Conflict
All ordinances previously adopted by the City and in conflict with this ordinance are
repealed to the extent inconsistent herewith.
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SECTION 5. Severability
If any 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 6. 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
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CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
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