(a) Definitions: For the purposes of this article:
(1) "Pet dealer" means a person who owns or operates a pet store.
(2) "Pet store" means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs or other animals, but does not include commercial livestock operations and commercial livestock auction markets. Pet store does not mean a publicly operated pound or a private, charitable not-for-profit humane society or any animal adoption activity that a pound or humane society conducts off site at any pet store or other commercial enterprise.
(b) A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who is required to be licensed by the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code §§ 2131 through 2159) if any of the following applies:
(1) The person is not currently licensed by the United States department of agriculture under the animal welfare act (7 United States Code §§ 2131 through 2159).
(2) Within two (2) years before obtaining the dog or cat the person commits a direct violation of any of the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code §§ 2131 through 2159).
(3) The person receives an indirect no access violation on each of the two (2) most recent inspection reports issued by the United States department of agriculture under the animal welfare act (7 United States Code §§ 2131 through 2159).
(4) The person commits three (3) or more indirect violations of the pet dealer regulations of the United States department of agriculture during the two (2) year period before obtaining the dog or cat for violations relating to the health or welfare of the animal and the violations were not administrative in nature. The indirect violations described in this paragraph do not include a violation described in paragraph (3) of this subsection.
(c) A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who directly or indirectly obtained a dog or cat from a person described in subsection (b) of this section. A pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in subsection (b) of this section if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection reports of the breeder on the animal care information system search tool maintained by the United States department of agriculture.
(d) Notwithstanding subsections (b) and (c) of this section, a pet store or pet dealer may obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.
(e) A pet dealer shall maintain records verifying its compliance with this section and with A.R.S. Section 44-1799.10 for at least two (2) years after obtaining the dog or cat to be sold or offered for sale. Records maintained pursuant to this subsection shall be open to inspection on request by a municipal or county peace officer or enforcement official.
(f) A pet dealer shall display the source of any dog or cat offered for sale by providing the name of the breeder of the animal, the United States department of agriculture license number of the breeder if the animal is from a breeder that is licensed by the United States department of agriculture and the United States department of agriculture website where information about the breeder may be obtained. The pet dealer shall display the information described in this subsection on both of the following:
(1) The cage or enclosure for each animal.
(2) All printed or electronic marketing materials about a specific dog or cat that has been obtained by the pet dealer and that is being offered for sale.
(g) Penalties: Violations of this article shall be a civil infraction. In an action brought by the City of Tucson or by its enforcement agent to enforce the provisions of subsections (e) and/or (f) of this Section, the pet dealer or pet store is subject to a civil penalty of not more than one thousand dollars ($1,000) per violation. In an action brought by the City of Tucson or by its enforcement agent to enforce the provisions of subsections (b) and/or (c) of this section, a pet store or pet dealer who knowingly obtains a dog or cat for sale or resale in violation of Arizona Revised Statutes § 44-1799.10, subsection A or B or the provisions of subsections (b) and/or (c) of this section; or who should have known the dog or cat was obtained for sale or resale in violation of § 44-1799.10, subsection A or B or subsections (b) and/or (c) of this section, the pet store or pet dealer is subject to the following penalties:
(1) For a first violation, a civil penalty of not more than one thousand dollars ($1,000) per violation.
(2) For a second violation within a five (5) year period, a civil penalty of not more than two thousand five hundred dollars ($2,500) per violation.
(3) For a third or subsequent violation within a five (5) year period:
a. A civil penalty of not more than five thousand dollars ($5,000) per violation.
b. An order entered by the court enjoining the pet store or pet dealer from selling or offering for sale, for up to three (3) years, a dog or cat obtained from any person other than a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.
(h) In an action brought to enforce Arizona Revised Statutes § 44-1799.10, subsection A or B, or subsections (b) and/or (c) of this section:
(1) A violation is a subsequent violation if it occurs within a five (5) year period after a final judgment or order that the pet store or pet dealer knowingly violated Arizona Revised Statutes § 44-1799.10, subsection A or B, or subsections (b) and/or (c) of this section, or should have known of the violation.
(2) In addition to any other defense that may be raised, a pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in § 44-1799.10, subsection A and subsection B or subsections (b) and/or (c) of this section if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection on the animal care information system search tool maintained by the United States department of agriculture.
(3) Each order placed by a pet store or pet dealer to obtain a dog or cat for sale or resale shall be considered a single act, regardless of the number of dogs or cats obtained in the order.
(Ord. No. 11741, § 1, 3-17-20)