(A) No pet shop, animal dealer, or other party, whether individual, organization, or establishment, shall sell or offer for adoption any puppy, dog, kitten, cat, or ferret which is unfit for purchase. The purchaser or adoptee of a puppy, dog, kitten, cat, or ferret from a pet shop, animal dealer, or other party, which suffers or dies of a disease or parasitic infection, must have these conditions or death certified by a veterinarian within 30 days of the purchase date as evidence that the animal was unfit for purchase. Any puppy, dog, kitten, cat, or ferret which suffers from any congenital or hereditary condition must be certified as unfit for purchase by a veterinarian within one year of the date of purchase.
(B) In the event that a puppy, dog, kitten, cat, or ferret is certified as unfit for purchase or adoption, and such certification is presented in writing to the pet shop, animal dealer, or other person, within 72 hours of the veterinary certification, the owner or purchaser may choose one of the following options and the pet shop, animal dealer or other party shall be obligated to fulfill the conditions of the chosen option.
(1) The owner or purchaser may return the puppy, dog, kitten, cat, or ferret for a full refund of the purchase price plus tax. Additionally, the owner or purchaser shall be entitled, up to a total amount not to exceed the full purchase price of the puppy, dog, kitten, cat, or ferret, to any veterinary fees incurred relating to the disease, defect, or infection; veterinary fees directly related to the veterinarian’s examination and certification that the puppy, dog, kitten, cat, or ferret is unfit for purchase pursuant to this section; and for veterinary fees directly related to necessary emergency services and treatment undertaken to remedy the disease, defect, or infection.
(2) The owner or purchaser may return the puppy, dog, kitten, cat, or ferret for an exchange equal to the full purchase price plus tax. Additionally, the owner or purchaser shall be entitled, up to a total amount not to exceed the full purchase price of the puppy, dog, kitten, cat, or ferret to any veterinary fees incurred relating to the disease, defect or infection; veterinary fees directly related to the veterinarian's examination and certification that the puppy, dog, kitten, cat, or ferret is unfit for purchase pursuant to this section; and for veterinary fees directly related to necessary emergency services and treatment undertaken to remedy the disease, defect or infection.
(3) The owner or purchaser may retain the puppy, dog, kitten, cat, or ferret and attempt to cure the disease, defect, infection, or to ameliorate the condition caused by the disease, defect, or infection. The pet shop, animal dealer, or other person shall be responsible for the cost of veterinary fees incurred related to the disease, defect, or infection for which the puppy, dog, kitten, cat, or ferret was certified as unfit, up to the full purchase price of the puppy, dog, kitten, cat, or ferret plus tax.
(4) The owner or purchaser of a puppy, dog, kitten, cat, or ferret which dies from the disease, defect, infection or condition for which it is certified as unfit for purchase may receive a full refund of the purchase price of the puppy, dog, kitten, cat, or ferret plus tax in addition to any veterinary fees incurred relating to the disease, defect or infection up to the full purchase price of the puppy, dog, kitten, cat, or ferret plus tax.
(5) The pet shop, animal dealer, or other party may contest a demand for veterinary expenses, refund, or exchange made by a purchaser or owner if done so in writing within two days of the owner’s or purchaser’s presentment of a certificate of unfitness. In the event that the pet shop, animal dealer, or other party wishes to contest a demand for veterinary expenses, refund, or exchange made by the purchaser or owner pursuant to this section, the pet shop, animal dealer or other party shall have the right to require the consumer to produce the puppy, dog, kitten, cat, or ferret for examination by a licensed veterinarian designated by the dealer. Upon such examination, if the consumer and the seller/provider of the animal are unable to reach an agreement which constitutes one of the options set forth in subsections (B)(1) through (4) within ten business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such reimbursement of veterinary expenses, refund or exchange.
(1994 Jeff. Code, § 91.096) (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)
Penalty, see § 91.999
Editor’s Note:
Section 91.141 is amended by Louisville Metro Ordinance No. 138-2023, approved 10-3-2023 and effective 10-3-2024. See the online Code of Ordinances for a copy of Ordinance No. 138-2023.