(A) Definitions. For purposes of this section and notwithstanding any other provision of law:
(1) ANIMAL RESCUE ORGANIZATION means a not-for-profit organization having tax-exempt status under 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 animals into permanent homes. The term animal rescue organization does not include any person that: (1) breeds animals; (2) is located on the same
premises as a person that breeds animals; (3) has any personnel in common with a person that breeds animals; (4) obtains, in exchange for payment or compensation, dogs or cats from a person that breeds animals; or (5) facilitates the sale of dogs or cats that were obtained, in exchange for payment or compensation, from a person that breeds animals.
(2) CAT means any member of the species Felis catus.
(3) DOG means any member of the species Canis familiaris.
(4) OFFER FOR SALE means to proffer for acceptance by another person.
(5) PERSON shall mean an individual, corporation, partnership, association, or any other entity.
(6) PET SHOP means a retail establishment where animals are sold or offered for sale on the premises. The term PET SHOP does not include any animal shelter, as defined in this chapter, or any animal rescue organization, as defined in this section.
(7) SELL means to exchange for consideration, adopt out, barter, auction, trade, lease, or otherwise transfer an animal.
(B) Retail sale of dogs or cats by pet shops prohibited.
(1) Notwithstanding any other provision of this Code, it is unlawful for a pet shop, as defined in division (A), to sell or offer for sale a dog or cat.
(2) Nothing in this section shall be construed to prohibit a pet shop from providing space on the pet shop's premises for an animal shelter or animal rescue organization to adopt out a dog or cat.
(C) Penalties. A pet shop that sells or offers for sale a dog or cat in violation of division (B)(l) above shall be fined $500. Each unlawful sale or offer for sale shall constitute a separate offense.
(Ord. 2022-25, passed 11-28-22)