A. Definitions:
ANIMAL WELFARE ORGANIZATION: As used in this section, means a recognized nonprofit organization incorporated in the state, which regularly engages in the practice of acquiring or transferring animals for the purposes of animal welfare, which includes protecting or caring for animals, returning animals to the natural habitat, or placing animals for adoption.
PUBLIC PLACE: A location visited by many persons, usually accessible to the general public, where the public gathers together or to pass to and from, including, but not limited to, flea markets, yard sales, or parking lots.
B. Unlawful: It is unlawful for any person to transfer to another by gift, sale or exchange for any consideration any animal in or upon any sidewalk, street, alley, public right of way, park or other public place.
C. Exception: This section does not prohibit transfer of animals under the following circumstances:
1. When the animal transferred is livestock and one of the parties to the transfer is a person who engages in the business of buying or selling livestock for profit.
2. When the transfer takes place pursuant to a sale conducted by a public body or a public officer.
3. When one of the parties to the transfer is a member of an animal welfare organization and is acting on behalf of the animal welfare organization.
4. When the transfer takes place at an animal show or exhibition conducted by or for persons who regularly engage in the practice of breeding animals for show or exhibition.
(Ord. 2013-44, 10-15-2013)