Item 9A- Ordinance No. 95-18-115.pdfDRAFT 3/8/2018
Ult.D1NAN Ch NU. 95-18-115
AN ORDINANCE OF THE CITY Or ATLANTIC HEACH, rLUK1UA
AMENDING LHAFTEK 4 Ur THE ATLANIIL HEALH WOE UF
ORDINANCES; ADDING SECTION 4-16, REQUIREMENTS FOR SALES OF
DOGS AND CATS; PROVIDING FOR Dr:r1NrrluNS, FEK1V111 I ED
JUURLES, U K11r1LATES OF SUURLE, PENALTIES AND
ENFORCEMENT BY SPECIAL MAGISTRATE; AMENDING SEC'T'ION 2-
146.1 OF THE ATLANTIC BEACH Cum uF OKv1NANCI S,
J UKISDIL HUN UK SFhLIAL MAGISTRATE; PROVIDING FUR (UNFLIL ;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, rhe humane treatment of animals is an important public purpose; and
WHEKEAJ, puppy and Kitten mills are inhumane and unsanitary commercial
breeding faciliries tor 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 pay ent dogs and
cats in cages for tneir entire lives without adequate rood, water, veterinary care, or
socializatiorrs: 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 oi
hereditary diseases; and
WHEREAS, according to United States Department of Age iculture epui ts,
documented problems round at puppy and kitten mills include: 1) sanitation problems
leading to infectious diseases: L) large numbers of animals overcrowded in cages: 3) lack 01
proper veterinary care for severe illnesses and injuries; 4) lack of protection from harsh
weather conditions; and 5) lack or adequate rood 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 innumane facilities; and
WHEREAS, according to the Humane Society- of the United States, although
American consumers purchase dogs and cats believing the pets to be nealtny and
genetically sound, in reality, the animals that come from mills open face an array 01 health
problems; including not only communicable diseases or genetic disorders that present
immediately after sale, but also diseases or disorders that do not stir -race until several years
later, all 01 which lead to costly veterinary bills and distress to consumers: and
WHEREAS, numerous alternatives exist for people to rind pets, including adoption
or animals from public and private animal rescue organizations or purchase from reputable
and conscientious breeders: and
0075,703-z
WHEREAS, across the country, thousands ot independent pet stores and large chain
stui es upei ate profitably with a business model focused on the sale of per services and
supplies and not on the sale of dogs ancats, often collabor ating with local auiiiial shelters
and rescue organizations to otter space and support tor showcasing adoptable, homeless
pets on their pi emiseS; and
WHEREAS, the adoption 01 regulations governing the sale ot dogs and cats in the
City will pi omote community awareness of animal welfare and foster a more humane
envie-onment and encourage pet consumers to adopt dogs and cats fr om shelter s, they eby
saving animals' lives and reducing the costs to the public or sheltering animals.
NUW, 1 HIKLNUKL, HE 11 LNAL1 hU 1SY Ttih CITY COMMISSION ON BEHALF OF THE
PEOPLE UN' "1" HE C1'1.Y UFFA'1'LAN 'I'M HEACH, N'LUKILA:
SLL 1 1U 1. lriiiaiiig5. 1 he fur eying r ecitals are true and col 1 ect.
SECTION 2. New Section 4-16. The Code of Ordinances of the City of Atlantic
Beach, rlor ida, is hereby amended by adding a new section to be number ed Sec. 4-16,
which section shall read as tollows:
Sec. 4-1b. Kegulr emerrts fur JaleS at Dogs and Cats. Kequrr eluents toy sales of dogs arid
cats; definitions; permitted sources; certiticate ot source; penalties.
oo,s,7o,4
(a) Prohibition.
(1) Retail Sales Restricted. No pet store nor pet store operator shall
display, sell, deliver-, utter- fur sale, barter, auction, give away 01
otherwise transfer or dispose of dogs and cats in the City except as
pi ovided in this SeCtiun urr ur after the effective date of this Section.
(z) ret Mills P1 ohibited. No pet mills shall be permitted to operate in the
City of Atlantic Beach.
Lb) Exemptions. 1 his Section shall not apply to:
(1) An animal shelter;
(z) Animal 1 escue organization;
(3)
An animal shelter or animal rescue organization which operates out of
or in connection with a pet store;
(4) An animal hospital ur vetermarIan 's office;
2
7107]Yt03-L
(c)
(5)
A pet store engaged in the display, sale, deliver, offer of sale, barter,
auction, gibing or transfer of pets other than cats or dogs;
(b) A pet store that provides space and appropriate care for cats and/or
of gamzdtton and mamtdtned dt a pet Stole rot the putpose or adopting
those dogs and cats to the public;
(7) Hobby breeders.
Certificate of source. A pet store that houses and adopts dogs or cats to the
public from an animal shelter or animal rescue organiLation shall post
conspicuously on the cage ot each dog 01 cat:
t ne name and address or the source fi om which the dog or uat was
obtained and date thereof'
(L) A copy of the certificate ot source shall also be provided to the
(3)
puff lidser 01 Lrdnbrei ee or any pel,
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 store, the type of service rendered, date and
veterinarians naiiie.
(d) Definitions. tor purposes of this section, the following woi ds, terms, and
phrases shall have the following meanings:
(1) Animal fescue Organization means humane society or other duly
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organization under Section 5U1(c)(3) of the Internal Revenue Lode,
wnicn organization is devoted to the rescue, care and/or adoption of
stray, abandoned, injured or surrendered animals and which does not
bi eed animals and which obtains its animals through donation only.
(2) Animal Shelter means a municipal or related public animal shelter or
duly incolp01 ated nonpl otit of ganiZdtion ldwrully duthorized to
conduct business in the State of Florida that is devoted to the rescue
3
cal e and adoption of stray, abandoned or sur en erect animals, and
which does not breed animals.
(3) Breeder means any person or entity that has more than a total or three
(3) but less than nine (y) intact dogs and cats over the age of six (6)
months on the premises at any one time a1i causes or allows the
breeding or studding of such dog or cat. A breeder must be lawfully
authorized to conduct business in the State or rlorida and shall be
subject to inspection on an annual basis by the Atlantic Beach Animal
control.
(4)
(5)
Cut means an animal of the Felidae family of the order Carnivora.
Certificate of Soune means a copy of a notarized affidavit of verification
from the source from which the cat or dog was obtained.
Lb) Dog means an animal ut the Canidae family of the order of Carnivora.
(/)
hobby breeder means any person or entity that has not more than a
total of three (3) intact dogs and cats over the age or six (6) months u11
the premises at any one time and causes or allows the breeding or
-Stucliflg 01 SULIT dog 01 Lat.
(S) Lntuct clog ur 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 tor the
purpose of selling them and where any one of the following conditions
is found to exist:
a. more than twenty (2u) dogs under the age of twelve (12) weeks or
more than twenty (2U) cats under the age of sixteen (16) weexs
are kept at the facility at a single ti111e,
b. No genetic or heredity health testing appropriate for the breecd is
conducted;
c. Two or more long term (over one [1] year) guarantees are not
honored.
A single female is bred every cycle.
e. A single female is bred more than rive (5) times in tier lifetime;
• - • • • - .. • • . •. -
g.
lviore than a total of eight (8) intact dogs and cats are kept at the
facility over the age of six (6) months.
(1U) Pet Stare 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 acrd/or offering for sale acrd/or
selling animals at retail.
(11) Teti Store Uperciwr means a person who owns or operates a pet store or
both.
(12) Retail Sale includes display, otter tor sale, otter for adoption, barter,
duction, give away or other trdfstei of any cat or dog.
(e) Penalties. Any person who violates this section shall be subject to a fine of
$25U.UU per day per animal tor 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. Inc Atlantic Beach rolice Department / Atlantic Beach Animal Control shall enforce
the provisions set forth within this Section. Each clay any violation of any provision of this
. - • 1 -
(t) Special magistrate. A notice of violation shall be taken before the city's
special magistrate for consideration of the alleged violations 01 this section and applicable
with Section 2-146.1 of the Code of Ordinances of the City of Atlantic Beach.
SECTION 3. Section L-146.1, Jurisdiction of Special Magistrate of tile Lode of
0. dindnces 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 section4-1U,
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 or the special magistr ate shall be tirade on the basis of experience and
interest in the subject matter. A special magistrate must be a member in good standing or
the Florida Bar.
DD7J4403-L
5
(b) The special magistrate shall receive such compensation as determined by the
Luiiiii,ission.
(c) The special magistrate shall have the power to:
(1) Adopt rules tor the cuncluct ot the hearings.
(z) ubpoelia alleged violators and witnesses tu hearings.
(3) Subpoena evidence.
(4) Take testimony under uath.
(5) Issue orders having the force of law to curl -inland whatever steps are
necessary to bring a violation iiito compliance.
(d) the special magistrate may impuse fines to Lover all costs
iiicurretl by the city 111 entorcing its codes. criteria that the special magistrate may consider
include, but is not limited to, the following:
( l)
As to Sections 4-1u and 4-11 ut the rude of Ordinances:
(1)a. The gravity of the incident giving rise to the dangerous dog
declaration.
(2)13. Ally previous animal Luntrol violations.
(3)c. Any actions taken by the dug owner to prevent or correct
aggressive behavior.
-(4}a. The complexity and resources required to complete the
investigation.
(5)e. The cost and outcome ot the hearing.
(G) As to Section 4-16 of the rude of urdinances:
a. The gravity of the incident giving rise to the allege violation(s).
b. Any previous sales ot dogs or cats in violation ot Section 4-1b.
e. Aiiy actiuns taken Ly the viuldtur tu prevent ur currect the
alleged violation(s).
d. 1 ne complexity and resuurces required tu cuiuplete the
investigation.
e. Inc Lust uutcume ut the hearing.
U bPPUi-L 6
SEL 11UN 4. Lont ict
All oi dinances pi evikusly adopted by the City- and in conflict with this ordinance are
repealed to the extent inconsistent Herewith.
SEC.11UN 5. Severability
It ally section, subsection, sentence, clause, pni ase, of pi ovis oii of this ui dinance is
tor any reason held invalid or unconstitutional by any court of competern jurisdiction, such
portion shall be deemed a sepal ate, distinct and independent provision and such holding
shall not be construed to rendel the remaining provisions of this ordinance invalid of
unconstitutional.
SLc:11U1\1 6. Effective Date. m His ordinance snali take effect immediately upon its
tinal passage and adoption.
YASSta by the Lity Lommission on first reading this day of , zults.
PASSED by the City- Commission on second and final reading this _ day of
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
Donna L. tsar tle, Lity Llei k
App1 oved as to form and correctness:
Brenna M. D in den, City -Attorney
OO/S44U3-L
THE HUMANE SUUEP(
Or int MTh rr1 51AiE5
Celebrating Animals Confronting Cruelty
Eric E. uernuial, Esq.
r,; roam
Jennifer Leaning, M.D., S.M.H.
Vice chair
Jason Weis
Second Vrce Chair
ramieen R91. dnenan, Esq.
Board Teasure,
ie aynt,Pacelle
rresidenr
crier rxecurive Officer
Michael Markarian
Chief Opera ing Officer
G. Thomas Waite In
Treasurer
& Chief Financial Officer
Ana,ew N. Rowan, r4D.
Chief International Officer
& Chief Scientific Officer
Ramerine L. ran
General Counsel
& Chief Legal Officer
Amy C. nodgers
DIRECTORS
Jerrrey y. Ara niaco
Eric L. Bernthal, Esy,
David Brownstein
Erika orunson
Jerry cesaR
A„Ira W. Loupe, Esq,
Neil B. Fant', Esy., CPA
Jane Greenspun Gale
pencernaber
Aman€la iriearsr
Cathy Kangas
Paula A. Kislak, D.V.M.
Charles A. roue
rennirer Eeaning, � A), s.IPLR.
Kathleen M. linenan, Ei ,
John Mackey
mary L max
rarricx E. mcuonnetl
C. Inomas ��ilien
Judy Ne,
Sharon Lee Patrick
marsha d. rerelman
margaret rerencilio
Manan G. Probst
Jonathan M. Ratner
.io5hua 3. neichei,, -rh.D.
waver J. aietbar c, Esq.
Andrew +n+elnsrein
Jason Weiss
Suzy Welch
uavid v, wwiobers, FAD.
March li, 2U1.25
Honorable Mayor and Commissioners,
On behalf of the Humane Society of the United States (HSUS), the nation's largest and
most effective animal protection organization, I am writing in support of the Atlantic
tseach ordinance that would prohibit the sale of puppy mill dogs in pet stores.
We have worked directly with the more than 230 localities across the coumry, and the state
of California, that have enacted pet shop laws similar to the one you are considering in
Atlantic Beach and are willing and eager to work with you.
As of date, pet shop ordinanc,es have been upheld on ,onstitutional grounds 6 times in
federal district courts (in Rhode island, rlorida, Arizona, New York and twice in Illinois)
and once in rlorida state court, and have never been struck down.
Yet shop ordinances protect consumers from a deceptive sales model
'l'he HSU S has conducted numerous hidden -camera investigations123 which consistently
reveal that Net stores supply unsuspecting consumes with puppies from inhumane laige-
scale commercial breeders, despite claims by pet stores that they would "never obtain dogs
from puppy mills.
Across the board; pet stores claim that they obtain animals from small-scale, humane
breeders. 'l'he reality is that pet stores do not have the option to obtain aogs from
responsible breeders because responsible breeders do not sell puppies to pet stores. The
HSuS reviewed Codes of Ethics for the National Breed Clubs representing all 176 dog
breeds recognized by the A&u, and found that 96% of those National Clubs include
statements to the effect that their breeders should not and/or do not sell to pet stores.
Pet shop ordinances protect consuiu i s f. om ending up with sick and behaviorally
challenged puppies
At the HS U S, we receive a Constant stream of complaints from consumers who have
spent thousands of dollars in veterinary bills caring tor their sick pet store puppies. Puppies
in pet stores are often sick because they are born into deplorable conditions, taken from
them motheis very early, e .posed to a wide raiige of diseases, and very susceptible to
rlutp://www.humanesoctety.oJ /new s/news/2011/11/ny_puppy null 110911.h0ml#.UvkvXW.IdWAg
2 http://www.11itiii CS'vCrCty.'vJghiews/pies icica5cgLU12/12/puppy-cull-urvCStigation-c1uCago-12 IU12.lrtlul
http://www.humanesociety.org/assets/pdfs/pets/puppy mi1Is/investigation-report-texas.pdf
genetic disorders. Yet, repeatedly, customers report that pet shops ulaim all their animals are
healthy and came from only the highest quality breeders.
A LU l i study published in the Journal of American VeterinaryMeUicine, entitled "Differences in
behavioral characteristics between dogs obtained as puppies from pet stores and those obtained
from noncommercial breeders,"4 concluded that obtaining dogs from pet stores versus
noncommercial bleeders represented a siificant risk factor for the development of a wide range
of undesirable behavioral characteristics, especially aggressive behavior and biting. llue to the
results of the study, the authors stated that they cannot recommend that puppies be obtained trom
pet stores.
Pet shop ordinances prevent public health risks
In October 2017, the Center for Disease Control alerted the public to the "multistate Outbreak of
Multidrug Resistant Camyy/oburtr . Infectious Linked to Contact with Pet Store Puppies."5 One
hundred and thirteen people over 17 3tates were infected; ninety -mite peicent of the cases are linked to
Petland. There were 21 cases reported in Florida. Twenty-three of those inteeted with The vires, were
hospitalized, and the strains of the disease in the outbreak "appear to be resistant to commonly
recommended, tirst-line antibiotics."6 It is not surprising that a virus linked to pet store puppies is
resistant to common antibiotics, as it is common practice tor puppy mills and pet stores to overdose
puppies with antibiotics to hide sicknesses.
Yet shop ordinances are business friendly
Pet shop ordinances are designed to require pet shops to adhere to a humane business model not
to put pet stores out of business. In tact, the largest and most successful pet store chains in the
country (PetSmart and PetUo) do not sell puppies, but rather partner with local shelters and
rescues to hold adoption events at their stores. PetSmart claims that consumers who adopt a dog or
cat at one of their events spend 5 times more than the average uunsumer at their store and often
become loyal customers.
'Inc puppy -selling pet store model is outdated and socially unacceptable. Of the top 25 pet store
chains in North America, only one sells puppies and kittens.? The others aye thriving by selling
products and offering quality Services, such as grooming, training and boarding. Even stores that
used to sell pUppy mill puppies are thriving on the humane model. For instance, the owner of Pet
_Rush in california changed his business model after learning the truth about where nis puppies
came from. Fie started uttering boarding and daycare services, and was so successful that he
expanded to a larger location.$
4 Mi.Mlll`cui 1 ialllClui ll DVD/1„ LAI: VIM; Jaynes A. Newell_ Pll_D; DebDiali L. _Dully, 1-'11ll; t.11uabioK Musaoud_ PhD: lain
R. llohoo, DVM, PhD, " Dilteicuces in behavioral characteristics between dogs obtained as puppies from pet stores and those
obtained from ..o..co..u..Cro.al broedors, Journal of thi AlLira .Zau Vilia ...cuy lvled.ea1 Assve.atiou L42. IVO. 1U (201 i) 13DV-13OJ.
1itli,s://.1.�Yvy.c7C J/C.11111)v10bartci/vutbiCaKS/uuUpiCS-V-1 //li1IC:ULtiiil
Id.
flit[p://.vrvvv.pCtbua• uiCa�.CCiil/1'Cbliaiy-LU16/lIiC-1up-LJ-1 Ct-1<C[si1Ci-ui-NOitti-Al1.1. isa�
3 littp://petruh.net/about-us/
Put shop ordinances support responsinle nreeders
ret shop ordinances prohibit the sale of pet shop dogs acquired trom puppy mills. Ordinances do
not attect responsible breeders. We find that across the country responsible breeders are in favor
01 pet shop ordinances because they understand better than anyone how horrible the pct shop and
puppy mill industries are for dogs and consumers. Responsible brecdcrs would never sell their
puppies to pet shops because responsiblc breeders want to know where their puppies will end up.
the riSUS established a Breeder Advisory and Resource Council (BAKU)9 comprised of
responsible dog breeders trom around the nasion who share an interest in curbing the mistreatment
01 aogs in puppy mills. Even the AKC, who is funded by the pUppy mill industry, agrccs with the
HSUS acrd responsible breeders everywhere, that "the best way for a person to obtain a new pet is
through personal interaction with the pet's breeder and the pet under consideration." When
purchasing a pUppy from a pet store, this is simply not possible.
Pet shop ordinances support shelters and rescues
Pet shop ordinances support shcltcrs by encouraging consumers to adopt. Also, ordinances lessen
the burden on shelters that take in pet store dogs. Many pet store dogs end up in shelters because
they come with a wide range of behavioral problems—a result of a lack of necessary socialization.
Data shows that shelter intake and euthanasia rates decline in cities that prohibit the sale of puppy
mill aogs. In some cities, such as Albuquerque, NM and Los Angeles, CA thcsc dcclincs arc
dramatic.
Federal and state laws do not protect consumers or dogs
Pet stores claim that they do not obtain aogs from puppy mills because they only source from
USDA cenified facilities. But, as the USDA eAplaiiis on its websitc's FAQ page, "wc do not
`certify' establishments... a USDA liccnsc is not a 'seal of approval' but rather a legal
designation that a facility has successfully passed its pre -license inspection and is legally entitled
to use regulated animals for regulated activities. "10 Inc USDA has repeatedly asserted that their
regulations and standards are minimum requirements that should be built upon by the states and
that regulated businesses should exceed.II Moreover, the last time the USDA audited itself, the
Inspector General reported that the USDA does a horrible job of enforcing thcsc minimum
standards. The USDA "was not aggressively pursuing enforcement actions against violators" and
"assessed minimal monctary penalties" against violators. 12
USDA standards allow commercial breeders to keep dogs in cramped; stacked; wire cages for their
entire lives. "I'he USDA does not require that dogs be rugularly let outside of their cages for
exercise, nor does A mandate socialization. Dogs can be kept in cxtremc tcmperatures for
9tap://www.lluivaIIcsCCicty.Cig/issuccs/puppv lulus/Iacts/bicMcis aavisCN ill Cc CuiuiCll.litllll#.Ug19113X1iiV()
'' littp5://ucissearcli.apli.n.usda.gov/LFASezue111taees/CustonlerSearch.jspx
" See 7 U.S.C. § z143(A)(6), stating that tb fediiul Animal vv.,lf.mz ACI CtuZ5 nut Y.. ,..Yt tate laws: U.S. iJEFartrncnt �I
HgriCuItiuc_ Animal flaiit arr71 ricgltli 1rlspcCliOu Sci vice_ "tact Sticct: AtliLial Cate. the Animal Weltare Act," ui littp://Ca-
bioni .mg/pdUiii is-1dtI versight/USDAAWA.pdf (accessed 5 Dec, 2013).
it U.J. iii.prITUAArait Hg.iCultu.0 VII.CC OI 1ii5ycCt0i CieiucLal "Anil 1 auCl Flaut ricallli 1nSp tiOu SErviCC Animal Carc FiOgiaru
lusyccti0us Ot FiObleuiatiC llealeis,"Audit KepOrt 33002 -4 -St (May 2010), 1.
prolonged periods of time. Females are bred as early and often as possible and personnel without
veterinary trainiug often perform surgical births. tsreeders are not required to vaccinate dogs trom
many highly infectious deadly diseases or to provide regular veterinary care. When dogs are no
longer able to reproduce, breeders often abandon or inhumanely euthanize them. '1"hus, even it a
breeder complies with all USDA requirements, a breeder can keep animals in entremely inhuma��e
conditions.
In addition, the USDA removed animal welfare inspection reports from its online database making
it uearly impossible to research a dog breeder's compliance or noncompliance under the Animal
Welfare Act. Some reports have been restored, but many remain missing, and pertinent
information like the breeder or tacilities name aren't provided making the repons useless. '1"he
USDA is also considering allowing third party inspections of commercial breeders; which would
likely result in a selt-regulated puppy mill industry.
Cunciusiun
The morals and values of Atlamic Beach cannot be represented by allowing the sale of dogs from
puppy mills — an industry so intrinsically linked to unnecessary animal suffering. Atlantic tseach
customers should not be duped into supporting the cruel puppy mill industry and into buying sick
acid behaviorally challenged puppies. Atlantic tseach residents should not have to accept the
importing of puppies from puppy mills while their tax dollars are spent sheltering and euthaniLiiig
homeless dogs.
Thank you for considering such an important ordinance.
Sincerely,
Jenna Jensen
Public Policy Coordinator, Puppy Mills Campaign
jj ensen�humanesociety.or
t 301-258-1506 c 202-6259-9621
TL4E HUMANE SOCIETY
u1, ME ut-4t D STntks
Atlantic Beach pet shop ordinance
Jenna Jensen <jjensen@humanesociety.ory�
Mon 3/5/zu 13 3:54 w71
To:uier, ,eglaer@wa6.ri ; 5tinwn, whn zjstinson@coab.us?.; Waters, Blythe zbwaters@coab.us>; Kelly, Candace
<ckelly@coab.ub>; Norris, Brircany ,bnnrri@:.zab.e,,.
g 1 attachment
Atlantic Beach pet shop ordinance.pdf;
honora5ie Mayor Glasser and Commissioners,
On 5ehalt ot the humane Society ot the United States, the nation's largest and most effective animal protection
organization, and our Stop Puppy MAIL Campaign, we applaud Atlantic Beach for considering an ordinance that would
prohibit the sale ot puppy mill puppies in pet stores as well as the operation ot pet mills in the City, however, we have
many concerns about the proposed language, which are as follows:
1. Section 4-16 (a)(1) prohibi.B the male of pets in pet stores, however, "pets" is not defined in the ordinance or
in the existing code, so it is unclear wfiicfi animals are not allowed to be sold in pet stores. We recommend
that you change "pets" to "cats and doggy". There is insurmountable evidence showing that pet stores o5tain
puppies trom puppy mills.
2. Section 4-16 (b) (1-7) it is unclear vvhat theme entities are exempt from — are they allowed to generaily sell
pets; or are they allowed to sell pets to pet stores. We suggest this section be removed entirely or explicitly
state that pet stores can only offer ale doggy and cats that are obtained from or displayed in cooperation
with an animal shelter and/or animal rescue organization.
3. Section 4-16 (c) requires pet stores, animal rescue organizations, or animal shelters to post sourcing
information on the cage of eacfi dog or cat. It is important tor a pet store to post the sourcing ot their animals
trom shelters and rescues, it they are housing and adopting out animals in their store, however, rescues and
shelters often do not know the source ot the animals they receive as many are surrendered to them or are
strays. We suggest removing the requi, ement for helterand rescues to post sourcing intormation and to
only require certificates of source for pet stores offering dogs and cats tor adoption.
4. Section 4-16 (d)(1) the definition ot an animal rescue organization is one that is registered with the Florida
Department of State, which is concerning tor reasons pertaining to the commerce clause; an in-state entity
cannot 5e tavored over an out-ot-state entity. We recommend removing the registration requirement with the
Florida Department ot State.
5. Section 4-16 (d)(7) the definition ot a pet mill is vague, and therefore difficult to enforce. Not to mention
animal control, under existing law, is only allowed to inspect a premise upon complaint, meaning there would
not 5e regular oversight ot dog and cat breeding facilities in Atlantic Beach; regular oversight is needed to
ensure that pet mills are not operating in the City. We recommend removing Section 4-16 (a)(2) entirely and
addressing these concerns in a separate, more detailed ordinance, or at the minimum include a requirement
for annual licensing and inspection ot these tacilities 5y animal control.
Let me know if you have any questions or would like to discuss these concerns in more detail.
Sincerely,
Jenna Jensen
Public Policy Specialist. Puppy Mills Vampaipi
lies �se� i(cvnumanesociety.org
t 301-258-1506 c 202-689-96ci
Thu HUmai is oT Mc Di uitca Staten
1255 23rd Street, NW, Suite 45u
vvabhington, DC 20037
humanesociety.ora
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F 1E ttD STATS
i Re Ramane Society or tre Dnited States is the nation's laryest animal protection organization, ratea most errective 6y oar peers. Fo 6U years, vve
have celebrated the protection of all animals ana conrrontea all rorrrms or craeiry. vve are tre ration's laryest provider of hands-on services for
Eli iirnais, carr iy tor more than 100000 ai iiiiials each year, and we prevent cruelty to millions more through our aavocacy campaiuns.
In support 1 ne RSDS; please maRe a mouthily donation_ or give in another way. You can also volunteer for i ne RSDS, see oar 5u vvays you cap
he_pl animals and read more about our years of transrormationai cnai egg. ror le at Fiamaneaciety.ary.