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16-1.9G.2   Sale of Dogs, Cats, Guinea Pigs or Rabbits by Pet Shops Prohibited.
   (A)   No pet shop shall display, sell, deliver, offer for sale, barter, auction, give away, broker or otherwise transfer or dispose of a dog, cat, guinea pig or rabbit, except that pet shop may provide space for the display of dogs, cats, guinea pigs or rabbits available for adoption by a public animal control agency or shelter or an animal rescue organization so long as the pet shop receives no part of any fees associated with the display or adoption of the animals and has no ownership interest in any of the animals displayed or made available for adoption.
   (B)   (1)   Division (A) above shall not apply to a pet shop that offers for sale guinea pigs as of the effective date of this Subsection until 90 days thereafter unless such a pet shop:
         (a)   Expands the species of animals offered for sale, beyond those offered for sale on the effective date of this Subsection, to include guinea pigs; or
         (b)   Changes in ownership, location or the required business licenses are transferred.
      (2)   A pet shop that violates the provisions outlined in divisions (B)(1)(a) and (B)(1)(b) above is thereafter immediately subject to the sales restriction in division (A) above.
   (C)   Each pet shop shall maintain records sufficient to document the source of each dog, cat, guinea pig or rabbit the pet shop acquires for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to any officer of the Parks and Recreation Department, its Animal Care and Control Unit, and/or the Boston Police Department.
   (D)   No person shall sell, exchange, trade, barter, lease or display for a commercial purpose any dog, cat, guinea pig or rabbit on or in any street, public grounds, commercial parking lot, flea market or other market, except for a dog, cat, guinea pig or rabbit displayed:
      (1)   By a shelter or animal rescue organization; or
      (2)   As part of a 4-H program or similar exhibition or educational program.
(CBC 1985 16-1.9G.2; Ord. 2016 c. 1; Ord. 2019 c. 4 § 11; Ord. 2023 c. 13 § 2)
16-1.9G.3   Penalties.
   Any person or entity, except as provided by law, who sells a dog, cat, guinea pig or rabbit in violation of this Section shall be fined $300 per violation. Each animal sold or offered for sale in violation of this Section shall constitute a separate offense. Any animal being offered for sale or transfer, or displayed in violation of these Sections, may be seized or impounded.
(CBC 1985 16-1.9G.3; Ord. 2016 c. 1; Ord. 2023 c. 13 § 3)
16-1.9G.4   Enforcement.
   (A)   The Parks and Recreation Department, its Animal Care and Control Unit and/or the Boston Police Department shall have the authority to enforce all violations of these Sections. Any animal being offered for sale or transfer, or displayed in violation of these Sections, may be seized or impounded unless the enforcing Officer determines that failure to seize or impound will be detrimental to the safety and/or health of the animal. In such cases, the animal shall be seized.
   (B)   Animals seized pursuant to this Section will be held for a period of seven days. The person or entity in violation of these Sections may file for an administrative hearing to appeal the seizure within seven days of the seizure of the animals. If, after seven days, the person or entity fails to file an appeal, the animals shall be surrendered to the city’s Animal Care and Control.
(CBC 1985 16-1.9G.4; Ord. 2016 c. 1; Ord. 2019 c. 4 § 12)
16-1.9G.5   Applicability.
   If any provision of these Sections imposes greater restrictions or obligations than those imposed by any other general law, special law, regulations, rule, ordinance, order or policy, then the provisions of these Sections shall control.
(CBC 1985 16-1.9G.5; Ord. 2016 c. 1)
16-1.9G.6   Severability.
   If any provision of these Sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 16-1.9G.6; Ord. 2016 c. 1)
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