§ 91.18. RETAIL SALE OF DOGS AND CATS.

(A)

Definitions. For the purpose of this chapter:

(1)

Animal Rescue Organization means a humane society or other duly incorporated or organized nonprofit organization 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, or surrendered animals and which does not breed animals.

(2)

Animal Shelter means a county, municipal, or public animal shelter or a duly incorporated or organized nonprofit organization operated as a bona fide charitable organization under Section 501(c) 3 of the Internal Revenue Code devoted to the rescue, care, and/or 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 document from an Animal Shelter or Animal Rescue Organization which provides: (a) brief description of the dog or cat, the name, address, telephone number and e-mail address of the source (Animal Shelter or Animal Rescue Organization) of the dog or cat; (b) shall be signed by the adopter of the dog or cat acknowledging receipt of the Certificate of Source.

(5)

Dog means an animal of the Canidae family of the [order] Carnivora.

(6)

Offer(s) for Sale means to display, sell, deliver, offer for sale or adoption, advertise for the sale of barter, auction, give away or otherwise dispose of a dog or cat.

(7)

Pet Store means any retail establishment located within the City of Delray Beach and that is open to the public and sells, transfers, or offers for sale or transfer, dogs and/or cats, including puppies and kittens, regardless of the age of the dog or cat.

(8)

Pet Store Operator means a person who owns or operates a pet store, or both.

(B)

Sale or Transfer of Dogs and/or Cats. No Pet Store located within the City of Delray Beach shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale, or otherwise dispose of dogs or cats in the City of Delray Beach on or after the effective date of this section.

(C)

Certificate of Source.

(1)

A Pet Store, hosting an "adoption event" in conjunction with a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that is registered with the county and has no affiliation with the Pet Store, shall post and maintain in a conspicuous place, on or within three (3) feet of each animal's kennel, cage or enclosure, a Certificate of Source of each dog or cat offered for adoption, and shall provide a copy of such certificate to the adopter of any dog or cat adopted.

(2)

Any law enforcement officer or employee of an Animal Shelter or Animal Rescue Organization may, at any time, request to review copies of such certificates as well as any additional supporting information related to the cat or dog including, but not limited to, Certificates of Veterinary Inspection and/or Health Certificates. Upon such request, the Pet Store must present such certificates at that time and without delay.

(3)

Falsification of a Certificate of Source by a Pet Store, Pet Store Operator, or any other person shall be deemed a violation of this section.

(D)

Adoption of Shelter and Rescue Animals. Nothing in this section shall prevent a Pet Store, or its owner, operator, or employees, from providing space and appropriate care for animals so long as such animals are owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that is registered with the county, and has no affiliation with the Pet Store, for the purpose of adopting those animals to the public, subject to the limitations and conditions set forth herein.

(E)

Adoption Special Events. A pet store may host "adoption events" no more than four (4) times per calendar year in conjunction with any publically operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization after obtaining a permit approved by the City Attorney's Office. The cost of the permit is seventy five dollars ($75.00). In no case shall the total cost of adoption charged to the adopter exceed three hundred dollars ($300.00) for any single adoption. Each adoption event shall be limited to twelve (12) consecutive hours in duration.

(F)

Violations—Enforcement.

(1)

Any person who violates this section shall be subject to the penalties set forth at Section 10.99 of the Code of Ordinances, Chapter 37 of the Code of Ordinances, F.S. ch. 162, and/or any other means of enforcement available under state or federal law, inclusive.

(2)

Additionally, the City may initiate a civil action in a court of competent jurisdiction to enjoin any violation of this section.

( Ord. No. 07-16 , § 1, passed 3/15/16; Ord. No. 01-17 , § 1, passed 2/7/17)