(a) As used in this section:
(1) Retail pet store means a commercial establishment that sells or offers for sale animals on its premises at retail.
(2) Sell or offer for sale means to display for sale or exchange for consideration, adopt out, barter, auction, trade, lease, or otherwise transfer.
(3) Animal rescue organization means a non-profit organization incorporated under the law of any state and exempt from federal taxation under Section 501 (c)(3) of the federal Internal Revenue Code, as amended, and whose principal purpose is the prevention of cruelty to animals and whose principal activity is to rescue sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost or displaced animals and to adopt them to good homes. "Animal rescue organization" does not include any person or entity that breeds animals or that (1) is located on the same premises as; (2) has any personnel in common with; (3) obtains, in exchange for payment or any other form of compensation, dogs or cats from; or (4) facilitates the sale of dogs or cats obtained from; a person that breeds animals.
(b) It shall be unlawful for a retail pet store, as defined in subsection (a)(1), to sell or offer for sale a dog or cat.
(c) Nothing in subsection (b) shall prevent a retail pet store from providing space to either an animal rescue organization, as defined in this section, or an adoption agency, as defined in Section 4-1.1, for the purpose of showcasing adoptable dogs or cats to the public, provided that the retail pet store shall have no ownership interest in the dogs or cats and nor shall the retail pet store receive a fee for providing such space.
(d) A retail pet store that sells or offers for sale a dog or cat in violation of subsection (b) shall, upon conviction thereof, be subject to a fine of five hundred dollars ($500.00). Each sale or offer for sale in violation of subsection (b) shall constitute a separate offense. A retail pet store that provides space in violation of subsection (c) shall, upon conviction thereof, be subject to a fine of five hundred dollars ($500.00). Each provision of space in violation of subsection (c) shall constitute a separate offense.
(Ord. No. 064-2024, § 1, 6-27-24)