(a) Definitions. For purposes of this section, the following definitions shall apply:
Animal rescue organization means a duly incorporated nonprofit organization devoted to the welfare, protection, rescue, care, humane treatment, and adoption of stray, abandoned, or surrendered animals, and which does not breed animals. The term adoption does not include the sale of an animal for profit.
Animal shelter meas a state, county, municipal, or related public 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. The term adoption does not include the sale of an animal for profit.
Pet store or pet supply store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and/or cats regardless of the age of the dog or cat. Additionally, such establishments may also be identified by the sale of animals other than those from the Canidae or Felidae families that are traditionally considered to be domestic pets and/or the sale of grooming services and/or domestic pet supplies and accessories (including but not limited to food, bedding, toys, grooming products, collars, leashes and the like).
(b) Retail sales of dogs and/or cats prohibited. No pet store or pet supply store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats within the city.
(c) Exemptions. This section does not apply to an animal shelter, an animal rescue organization, or an animal shelter or animal rescue organization that operates out of or in connection with a pet store or pet supply store.
(d) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store or pet supply store, its owner, operator, or employees from providing space and appropriate care for dogs and cats at the store if such animals are owned by an animal shelter or animal rescue organization and are maintained at the store for the purpose of adopting those animals to the public.
(e) Enforcement.
(1) Any person who commits an act in violation of this section may be prosecuted for such violation in accordance with Chapter 2, Administration of this code, F.S. Ch. 162, and/or any other means of enforcement available under state or federal law.
(2) The city may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this section.
(f) Effective date. Any pet store or pet supply store that is lawfully operating on the effective date of this section [from which this section derives] shall be permitted to continue its sale of dogs and cats for a period of time not to exceed eighteen (18) months from September 6, 2018, to wit: March 5, 2020.
(Ord. No. 18-032, § 3, 12-4-18)