(A) Definitions. For purposes of this section, the following definitions shall apply:
ANIMAL RESCUE ORGANIZATION.
The Humane Society or other duly incorporated nonprofit organization operated as a bona fide charitable organization under Section 501(c)3 of the Internal Revenue Code, which organization is devoted to the rescue, care and/or adoption of stray, abandoned or surrendered animals and which does not breed animals.
ANIMAL SHELTER.
A municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and/or adoption of stray, abandoned or surrendered animals, and which does not breed animals.
CAT.
An animal of any age of the Felidae family of the order Carnivora.
CERTIFICATE OF SOURCE.
A document from the source city or county animal shelter or animal control agency, humane society, non-profit rescue organization or hobby breeder declaring the source of origin of a dog or cat on the premises to be sold or transferred or offered for sale or transfer. A Certificate of Source shall include at a minimum, a brief description of the dog or cat, the name, address, telephone number and e-mail address of the source of the dog or cat, and shall be signed by both the pet store certifying the accuracy of the certificate and by the purchaser or transferee of the dog or cat acknowledging receipt of the Certificate of Source.
DOG.
An animal of any age of the Canidae family of the order Carnivora.
HOBBY BREEDER.
Any person or entity that causes or allows the breeding or studding of a dog or cat resulting in no more than a total of one litter per adult animal per calendar year whether or not the animals in such litter are offered for sale or other transfer.
PET STORE.
Any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of the dog or cat.
PET STORE OPERATOR.
A person who owns or operates a pet store.
(B) Sale or transfer of dogs and/or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the City of Pompano Beach on or after the effective date of this section.
(C) Exemptions. This section does not apply to:
(1) A Hobby Breeder as defined herein.
(2) A person that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away, or otherwise transfers or disposes of dogs and/or cats that were bred and reared on property zoned for such purpose within the City of Pompano Beach and owned by such person and that has obtained all required city approvals for such purpose.
(3) An animal shelter.
(4) An animal rescue organization.
(5) An animal shelter or animal rescue organization that operates out of or in connection with a pet store or other retail store.
(D) Certificate of source. A pet store shall post and maintain in a conspicuous place, on or within three feet of each dog's or cat's kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred.
(E) Nothing in this section shall prevent a pet store or its owner, operator or employees from providing space and appropriate care for animals owned by, or obtained from, an animal shelter or animal rescue organization and maintained at the pet store for the purpose of adopting those animals to the public from such store.
(F) Violations; enforcement. Any person who violates this Section shall be subject to a fine of up to $500.00 per day for a violation in accordance with § 10.99 of the City's Code of Ordinances.
(Ord. 2014-35, passed 5-13-14)