It is unlawful to sell, offer for sale, barter, or give away any live animal as a premium, prize, award, novelty, or incentive to purchase merchandise.
(A) No person shall dye or color live fowl, rabbits, or any other animals or have in possession, display, sell, or give away such dyed or colored animals.
(B) No person shall sell, offer for sale, or give away dogs or cats under 8 weeks old or any other warm-blooded animals under the normal weaning period for the animal.
(C) No person shall sell, offer for sale, or give away any fowl under 6 weeks old. It is a specific defense to a charge of violating this subsection that the fowl are sold or given away in lots of 10 or more for commercial, agricultural, or scientific purposes.
(D) Public property. No person shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise dispose of an animal upon a street, sidewalk, public park, public right-of-way or other public property. Adoption events approved by the City Manager, or any adoption events held by a rescue group or rescue individual are exempt.
(E) Commercial property. No person shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise dispose of any animal upon commercial property including parking lots, with or without the property owner's permission. Adoption events approved by the City Manager are exempt, as are events held by legitimate rescue or adoption agencies, including the Raton Humane Society.
(F) Residential property. No person shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise dispose of any companion animal puppies or kittens upon residential property without a hobby breeder permit.
(G) Advertising. No person shall advertise puppies or kittens for sale in any local periodical or on any local news media without a valid hobby breeder permit number conspicuously listed in the advertisement. No person shall advertise any animal for sale in the city using any roadside signs, flyers, handbills or billboards.
(Ord. 995, passed 8-22-2017) Penally, see § 90.999