(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADOPTION FEE. Remuneration to cover the cost of feeding, sheltering, surgical sterilization and providing care for an animal without profit.
ANIMAL RESCUE ORGANIZATION. A not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of dogs or cats into permanent homes and that does not breed animals nor obtain animals in exchange for payment or compensation from any person that breeds or brokers animals.
ANIMAL SHELTER. Any facility used to house or contain animals, operated or maintained by a governmental body, Incorporated Humane Society, Animal Welfare Society, Society for the Prevention of Cruelty to Animals, Animal Rescue Organization or other nonprofit organization.
BREEDER. A person that maintains dogs or cats for the purpose of breeding and selling their offspring.
BROKER. A person that transfers dogs or cats for resale by another person.
CAT. Any member of the species Felis catus of any age.
COMMERCIAL ESTABLISHMENT. A business which is open to the public, whether by appointment or during reoccurring business hours, and that engages in a retail sale.
DOG. Any member of the species Canis lupus familiaris, or any genetic hybridization thereof of any age.
PUBLIC COMMON AREA. An outdoor area open to the public such as parks or recreation areas.
PUBLIC THOROUGHFARE, PUBLIC COMMON AREA, AND FLEA MARKETS SALES. The sale or transfer, offer for sale or transfer, auction, barter, display, advertisement for sale or otherwise disposing of any live dog or cat on any public thoroughfare, public common area, roadside area, in any parking lot or in any flea markets, to any member of the public.
RETAIL PET SHOP. A for-profit establishment open to the public that sells, or offers for sale, food, supplies, or animals to be kept as household pets.
RETAIL SALE. The auction, order, display for sale, offer for sale, or selling of any dog or cat.
(B) Prohibitions.
(1) It shall be unlawful for any retail pet shop or commercial establishment to engage in the retail sale of a dog or cat of any age.
(2) It shall be unlawful for any person to engage in the retail sale of the dog or cat of any age from a public thoroughfare, public common area, or flea market.
(3) It shall be unlawful for any retail pet shop or commercial establishment to collaborate to showcase dogs or cats of any age with any entity which is affiliated with, or is housed on the premises of a breeder or broker; obtain dogs or cats from a breeder or broker in exchange for payment or compensation; or resell dogs or cats obtained from a breeder or broker and provide payment or compensation to such breeder or broker.
(C) Adoptions allowed.
(1) Nothing in this section shall be construed to prohibit a retail pet shop or commercial establishment from collaborating with any animal shelter or rescue to provide space to showcase dogs or cats for the purpose of adoption, to include collection of an adoption fee. In such event signage shall reflect the name of the animal shelter or rescue from which the animal was obtained. Animal control officers may periodically require retail pet shops and commercial establishments to provide access to these records.
(2) Nothing in this section shall be construed to prohibit any animal shelter or rescue from holding adoption events in public thoroughfares, public common areas or flea markets, retail pet shops, commercial establishments or animal shelter or rescue premises.
(Ord. 23-2021, passed 10-18-2021)