(A) No retail pet store shall sell or offer for sale a dog or cat.
(B) Division (A) shall not be construed to prohibit a retail pet store from providing space to either an animal control agency or shelter or an animal rescue organization, as defined, for the purpose of showcasing adoptable animals to the public; provided that such retail pet store shall have no ownership interest in any of the animals offered for adoption, nor shall the retail pet store receive any fee for providing such space.
(C) As used in this chapter, the following terms shall have the meanings ascribed to them in this section.
ANIMAL RESCUE ORGANIZATION. A not-for-profit organization having tax-exempt status under 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals into permanent homes. The term animal rescue organization does not include any person that: (1) breeds animals for profit; (2) is located on the same premises as a person that breeds animals for profit; (3) has any personnel in common with a person that breeds animals for profit; (4) obtains, in exchange for payment or compensation, dogs or cats from a person that breeds animals for profit; or (5) facilitates the sale of dogs or cats that were obtained, in exchange for payment or compensation, from a person that breeds animals for profit.
CAT. Any member of the species Felis catus.
DOG. Any member of the species Canis familiaris.
RETAIL PET STORE. A commercial establishment (including a kennel) that sells or offers for sale animals on its premises at retail.
SELL OR OFFER FOR SALE. To sell, display for sale, exchange for consideration, adopt out, barter, auction, trade, lease, or otherwise transfer an animal.
(D) A retail pet store that sells or offers for sale a dog or cat in violation of division (A) of this section shall be subject to a fine of $500 per violation. Each sale or offer for sale of an individual dog or cat in violation of division (A) shall constitute a separate violation. A retail pet store that makes provides space in violation in division (B) of this section shall be subject to a fine of $500 per violation. Each provision of space to an individual dog or cat in violation of division (B) shall constitute a separate violation.
(E) Any existing retail pet store in operation prior to the adoption of this ordinance shall be exempt; however, should the exempt retail pet store cease operations for 180 consecutive days, it shall no longer be considered exempt. An exception shall be made for an exempt retail pet store that temporarily ceases operations based on circumstances reasonably characterized as a force majeure event. To avail itself of this exception, the exempt retail pet store must provide notice to the Building Commissioner, in writing, no later than 30 days after the commencement of the temporary closing. Such notice shall include the date the temporary closing commenced, the reason(s) for the temporary closing, and (if known) the expected date for resumption of business activities. No exempt pet store shall be able to relocate or expand the size of its existing operations and retain its exemption.
(Ord. 9-2023, passed 2-27-23)