(a) (1) For purposes of this Section, a commercial establishment, defined as any for-profit business enterprise, including a sole proprietorship engaged in retail or wholesale commerce related to dogs or cats, including grooming parlors, canine day care, and boarding facilities.
(2) As used herein, the phrase "pet shop, retail business, and commercial establishment that sells, barters or otherwise transfers a dog or cat for consideration" shall not include within its scope any city or county animal shelter or animal control agency, a humane society, or a Non-Profit Rescue Organization. For purposes of this Section, a Non-Profit Rescue Organization is defined as any Ohio non-profit corporation that is exempt from taxation under Internal Revenue Code Section 501(c)(3), whose mission and practice is in whole or in significant part, the rescue and placement of dogs or cats; or any non-profit organization that is not exempt from taxation under Internal Revenue Code Section 501(c)(3) but is currently an active rescue partner with a City or County shelter or humane society, whose mission is, in whole or in significant part, the rescue and placement of dogs or cats.
(3) For purposes of this Section, a Certificate of Source is defined as any document from the source city or county animal shelter or animal control agency, humane society, or non-profit rescue organization declaring the source of the dog or cat on the premises of the pet shop, retail business, or other commercial establishment.
(4) As used in this Section "exchange" shall mean an action in which the ownership of one live cat or one live dog is conveyed from a pet shop, retail business, or commercial establishment to a different person or entity.
(5) This Section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs or cats from the premises of which they were bred and reared.
(6) Nothing in this Section shall prevent the owner, operator, or employees of a pet shop, retail business, or other commercial establishment located in the City of Toledo from providing space and appropriate care for animals owned by an animal shelter or animal control agency, human society, or non-profit rescue organization and maintaining those animals at the pet shop, retail business, or other commercial establishment for the purpose of public adoption.
(b) (1) Except for any pet shops, retail businesses, and commercial establishments that were both operational and in the business of selling, bartering or otherwise transferring for consideration live dogs and cats on or before January 1, 2014, it shall be unlawful for any person to display, offer for sale, deliver, barter, auction, broker, give away, transfer, or sell any live dog or cat in any pet shop, retail business, or other commercial establishment located in the City of Toledo, unless the dog or cat was obtained from a city or county animal shelter or animal control agency, a humane society, or a non-profit rescue organization. All pet shops, retail businesses, or other commercial establishments selling dogs or cats shall maintain a certificate of source for each of the animals and make it available upon request to animal control officers, law enforcement, code compliance officials, or any other City employee charged with enforcing the provisions of this Section.
(2) No pet shop, retail business, and commercial establishment that sells, barters or otherwise transfers for consideration live dogs and cats:
(A) Shall import or cause to be imported into this City, or offer for sale or resale, a dog or cat unless they are at least eight (8) weeks old and have their deciduous (baby) teeth visibly present.
(B) Shall sell or offer for sale a dog, unless the dog has been inoculated against distemper, hepatitis, and leptospirosis, para influenza, rabies, and, if indicated, has been treated for external and internal parasites, not less than 7 days before the dog's entry into this City. The dog shall be accompanied by a health certificate signed by a veterinarian, including records of the dog's medication, immunization and a spay/neuter certificate.
(C) Shall not sell or offer for sale a cat, unless the cat has been inoculated against feline panleukopenia (cat distemper), rhinotracheitis and calici viruses, rabies, and, if indicated, has been treated for external and internal parasites, not less than 7 days prior to the cat's entry into this City. The cat shall be accompanied by a health certificate signed by a veterinarian, including records of the cat's medication, immunization and spay/neuter certificate.
(c) Any pet shop, retail business, and commercial establishment that was both operational and in the business of selling, bartering or otherwise transferring for consideration live dogs and cats on or before January 1, 2014 must register with the treasurer of the City of Toledo on or before February 1, 2014 by delivering to the treasurer a written statement that contains at least the following information: name of the owner of the pet shop, retail business, or commercial establishment; name and address of the contact person for that pet shop, retail business, or commercial establishment; street address of the pet shop, retail business, or commercial establishment; date when the pet shop, retail business, or commercial establishment began operation. The owner of the registering pet shop, retail business, or commercial establishment shall notify the city treasurer in writing within thirty (30) days with updated information if any of the information required herein changes.
(d) For pet shops, retail businesses, and commercial establishments that were both operational and in the business of selling, bartering or otherwise transferring for consideration live dogs and cats on or before January 1, 2014, and that have registered as required by subsection (c) of this Section, the following provisions apply:
(1) Any pet shop, retail business, and commercial establishment that sells, barters or otherwise transfers for consideration live dogs and cats shall pay an animal processing fee of fifty dollars to the treasurer of the City of Toledo for each dog or cat within thirty days of the exchange except that this fee is not required for an exchange involving a spayed female or neutered male dog or cat or for a dog or cat that is certified by a licensed veterinarian to be incapable of breeding or being bred.
(2) Any pet shop, retail business, and commercial establishment that sells, barters or otherwise transfers for consideration shall implant or cause to be implanted an identification microchip in any dog or cat exchanged prior to an exchange.
(3) Any pet shop, retail business, and commercial establishment that sells, barters or otherwise transfers for consideration shall provide the recipient of a dog or cat the following information, in writing, to a recipient of a dog or cat at the time of the exchange:
A. The breeder's name and address, if known, and if the person from whom the dog or cat was obtained by the Pet Trader is a dealer licensed by the United States Department of Agriculture and/or the State of Ohio, the dealer's name and street address;
B. The date of the dog or cat's birth, if known, and the date that the Pet Trader received the dog or cat;
C. The breed, sex, color and any identifying marks at the time of the exchange, if any;
D. A record of each inoculation and worming treatment administered, if any, to the dog or cat, including the date of administration and type of vaccine or worming treatment;
E. A record of veterinarian treatment or medication received by the dog or cat while in possession of the Pet Trader;
F. A document signed by a licensed veterinarian stating that the dog or cat is disease and illness free and has no congenital or hereditary condition that adversely affects the health of the dog or cat at the time of the exchange: or, describes any known disease, illness or congenital or hereditary condition that adversely affects the health of the dog or cat.
The pet shop, retail business, and commercial establishment that sells, barters or otherwise transfers a dog or cat for consideration must sign the disclosure and certify the accuracy of the information contained thereon. A copy of the certified disclosure must be kept by the pet shop, retail business, and commercial establishment that sells, barters or otherwise transfers a dog or cat for consideration for a period of not less than two years from the date of the exchange. The pet shop, retail business, and commercial establishment that sells, barters or otherwise transfers a dog or cat for consideration must make each certified disclosure available for inspection or copying by any officer of the Toledo Area Humane Society or other law enforcement officer upon request.
(4) No pet shop, retail business, and commercial establishment that sells, barters or otherwise transfers a dog or cat for consideration shall sell, barter, auction or otherwise transfer a dog or cat to a person that has not reached the age of eighteen years as verified by valid photo identification.
(5) This Section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs or cats from the premises of which they were bred and reared.
(6) Nothing in this Section shall prevent the owner, operator, or employees of a pet shop, retail business, or other commercial establishment located in the City of Toledo from providing space and appropriate care for animals owned by an animal shelter or animal control agency, humane society, or non-profit rescue organization and maintaining those animals at the pet shop, retail business, or other commercial establishment for the purpose of public adoption.
(e) Violation of this Section shall constitute a misdemeanor in the first degree.
(Ord. 503-13. Passed 12-10-13.)