Ord 07-16ORDINANCE NO. 07-16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, "ANIMALS",
BY ENACTING A NEW SECTION 91.18, "RETAIL SALE OF DOGS
AND CATS" TO PROVIDE FOR REGULATIONS REGARDING DOG
AND CAT SALES; AND AMENDING CHAPTER 37, "CODE
ENFORCEMENT", SECTION 37.45, "SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CIVIL
PENALTIES" TO PROVIDE PENALTIES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach desires to ensure that all dogs and cats ate treated humanely and
desires to prohibit substandard breeding facilities known as "puppy mills" or "kitten mills," that mass-produce
animals for sale to the public, many of which are sold at retail in pet stores; and
WHEREAS, because of the lack of proper animal husbandry practices at those facilities, animals born
and raised there are more likely to have genetic disorders and lack adequate socialization, while breeding
animals utilized there are subject to inhumane housing conditions and are indiscriminately disposed of when
they reach the end of their profitable breeding cycle; and
WHEREAS, while not all dogs and cats sold are the products of inhumane breeding conditions and not
every commetcial breeder selling dogs or cats to pet stores operates "puppy mills" or "kitten mills," the City
Commission believes that "puppy mills" and "kitten mills" continue to exist in part because of public demand
and the sale of dogs and cats that are purchased from substandard breeding facilities; and
WHEREAS, the City Commission believes that restricting the retail sale of dogs and cats in the City
will promote community awareness of animal welfare and, in turn, will foster a more humane environment in
the City; and
WHEREAS, the City Commission believes that the restriction of the retail sale of dogs and cats in the
pet stores in the City will reduce impulse purchases of pets, which can led to abandonment or mistreatment of
the animals once they have outgrown their initial puppy or kitten appeal and will also encourage pet consumers
to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of
sheltering animals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 91, "Animals", Section 91.18, "Retail Sale of Dogs and Cats", of the Code
of Ordinances of the City of Delray Beach is heteby amended to read as follows:
Sec. 91.18 — RETAIL SALE OF DOGS AND CATS.
A Do6nitions. For the purpose of this chapter:
(1) Animal Re cue Organization means a humane society or othet duly incorporated ox
organized nonprofit organization operated as a bona fide charitable organization under Section 501(c) 3
of the Intemal Revenue code which otganization is devoted to the rescue care and/or adoption of
stray, abandoned or surrendered anunals and which does not breed anitnals.
(2) Animal Shelter means a county, municipalor public animal shelter of a duly
incorporated of organized nonprofit otganization operated as a bona fide charitable organization under
Section 501(c) 3 of the Internal Revenue Code devoted to the rescue care and/or adoption of stray,
abandoned, ox surtendeted animals, and which does not breed animals.
(3) Cat means an animal of the Felidae family of the order Carnivota.
(4,) Cet cote offource means a document from an Animal Shelter or Animal Rescue
cat (fib shall be signed by the Pet Store cettifying that it received the dog or cat from an Anitnal Shelter
or Animal Rescue Otganization• and (c) shall be signed by the purchaser or transferee of the dog ox cat
acknowledging receipt of the Cetdficate of Source.
(5) Demeans an animal of the Canidae family of the [orderl Carnivora.
(6) 00r6s) for Sale means to display sell dellvex offer fox sale ox adopt on advertise
for the sale of batter, auction give away ox otherwise dispose of a dog or cat.
(7) Pet Store means any tetail establishment located within the City of Delray Beach
and that is open to the public and sells ttansfets or offers for sale ox transfer dogs and/ot cats
including puppies and kittens regardless of the age of the dog of: cat
(8) Pet Store Oberatormeans a personwho owns ox operates a pet store or both.
B Sale or Transfer ofDogs and/or Cats No Pet Store located within the City of Delray Beach
shall displaysell trade deliver, barter lease rent auction, give away, transfer offer fot sale ox
otherwise dispose of dogs ox cats in the City of Delray Beach on or after the effective date of this
section.
C Exembtions. This section does not W/2 to
(1) An Animal Shelter.
(2) An Animal Rescue Otganization.
2 ORD. NO. 07-16
(3) An Animal Shelter or Animal Rescue Organization that operates out of or in
connection with a pet store.
D. Certzcate of Source.
(1) A Pet Store operating under the exemption described in Section (C)(3) shall post
and maintain in a conspicuous place on or within three (3) feet of each animal's kennel cage or
enclosure a Certificate of Source of each dog or cat offered for sate or transfer and shall provide a
copy of such certificate to the urchaser or transferee of any dog or cat sold or transferred.
(2) Any law enforcement officer or employee of an Animal Shelter or Animal
Rescue Organization may, at any time request to review copies of such certificates and upon such
request the Pet Store must present such certificates at that time and without dela
(3) Falsification of a Certificate of Source by a Pet Store Pet Store Operator, or any
other person shall be deemed a violation of this section.
E Adoption of Shelter and Rescue Animals Nothing in this section shall prevent a Pet Store,
or its owner, operator, or employees from providingace and appropriate care for animals owned by
an Animal Shelter or Animal Rescue Organization and maintained at the Pet Store for the purpose of
adopting those animals to the public.
in compliance with this section for a period of time not to exceed six (6) months from the date of
adoption of the ordinance creating this section.
G. Violations Enforcement.
(1) Any person who violates this section shall be subject to the penalties set forth in
Chapter 37 of the Code of Ordinances.
(2) Additionally, the City may initiate a civil action in a court of competent
jurisdiction to enjoin any violation of this section.
Section 2. That Chapter 37, "Code Enforcement", Section 37.45, "Supplemental Code
Enforcement Procedures", Subsection (Q), "Civil Penalties", shall hereby be amended as follows:
ORD. NO, 07-16
Q) Civil Penalties.
Code
I a
Civil Penalty
Code Section
Description of Violation
I Noncontested
Contested
CITY CODE OF ORDINANCES
ANIMALS
91.18
Unlawful retail sales of does and cats /Failure
400.00
500.00
to post or falsified Certificate of Source
Section 3. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 4.
hereby repealed.
Section 5.
final reading.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
That this ordinance shall become effective immediately upon its passage on second and
PASSED AND ADOPTED in regular session
0.0 C_� 2016.
ATTEST:
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City Clerk
First Reading
Second Reading-
on
eadin
on second and final re g the day of
YOR
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City of Delray Beach Dee00lray Beach, Beach,t Avenue
FL 33444
Legislation Text
File #: 16-124, Version: 1
TO: Mayor and Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: March 15, 2016
ORDINANCE NO. 07-16 RESTRICTING THE RETAIL SALES OF CATS AND DOGS (SECOND
READING)
Recommended Action:
Motion to Adopt Ordinance No. 07-16, prohibiting the retail sale of cats and dogs in the City with the
exception of sales or transfers by animal shelters, animal rescue organizations, including shelters
and rescue organizations that operate out of, or in connection with, pet stores.
Background:
Ordinance No. 07-16 makes it unlawful for a pet store or other retailer to display, sell, trade, deliver,
barter, lease, rent, auction, give away, transfer, offer for sale, or otherwise dispose of dogs or cats in
the City of Delray Beach, except for animal shelters and animal rescue organizations, as such terms
are defined in the ordinance, either operating on their own or out of or in connection with a pet store.
Any pet store selling cats and dogs under this exemption must post and provide the buyer with a
Certificate of Source that provides a description of the dog or cat and certifies that it received the dog
or cat from an animal shelter or rescue operation.
This ordinance will become effective on its passage at second reading. However, pet stores that
have a local business tax receipt and presently sell cats and dogs will have six months to amortize
their inventory and come into compliance. Each violation of the ordinance will result in a $400 fine.
Similar ordinances have been passed in several local municipalities including Deerfield Beach,
Sunrise, Lauderhill, North Miami, Palm Beach, Tamarac, Homestead, Jupiter, Hypoluxo, Cutler Bay,
Sunny Isles, Bal Harbour Village, Juno Beach, Palm Beach Gardens, Pompano, North Miami Beach,
Miami Beach, North Lauderdale, Wilton Manors, Aventura, Surfside, Greenacres, Coconut Creek,
Coral Gables, and Lake Worth.
A summary of recent litigation regarding municipal ordinances which regulate the sale of dogs and
cats is as follows:
City of Palm Beach Gardens
On July 10, 2014, the City of Palm Beach Gardens adopted an Ordinance banning the retail sale of
dogs and cats. A local pet store filed suit alleging, among other matters, violations of substantive due
process. The Court on December 17, 2015 granted the City's motion for summary judgment and
found the ordinance bears a rational relationship with the city's concerns for the health, safety, and
welfare of animals and does not violate substantive due process. The Court also rejected arguments
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File #: 16-124, Version: 1
by the pet shop regarding vested rights.
City of Sunrise, Florida
On April 22, 2014, the City of Sunrise enacted Ordinance No. 577, which added a new section to the
City's Code of Ordinances entitled "Retail Sale of Dogs and Cats." Among other things, the
Ordinance bans the sale of dogs and cats that are not bred by their seller or purchased from a
"Hobby Breeder." In June of 2015, the Federal court granted the City's Motion for Summary
Judgment. The Ordinance did not create a Commerce Clause issue because Congress, through the
Animal Welfare Act, authorized the states to regulate animal welfare. The Ordinance does not violate
the Equal Protection Clause because the pet store is not treated differently than similarly situated
entities and, in any event, the Ordinance is rationally related to a legitimate governmental purpose.
City of East Providence, Rhode Island
Due to public concern about puppy mills, the City of East Providence, Rhode Island passed an
ordinance banning pet stores located within its limits from selling dogs and cats unless those animals
were owned by a city animal shelter or animal control agency, humane society, or non-profit rescue
organization and the pet store maintained those animals for the purpose of public adoption. In its
Amended Complaint, Plaintiff, a pet store, raised numerous challenges to the ordinance under the
Constitutions of the United States and of Rhode Island, claiming that it violated the dormant
Commerce Clause, the Contract Clause, the Takings Clause, and Plaintiff's equal protection and due
process rights, and that it was preempted by state statute. Plaintiff and Defendant both sought
summary judgment to all challenges. Plaintiff's motion was denied and Defendant's motion was
granted as to all counts in Plaintiff's Amended Complaint except Count Three, the Takings claim,
which was remanded to the Rhode Island Superior Court.
City of Phoenix, Arizona
The City of Phoenix passed an ordinance regulating pet stores. Under the Ordinance, pet stores
may not sell dogs or cats obtained from persons or companies that breed animals. Pet stores may
sell only animals obtained from animal shelters or rescue organizations. A pet store filed suit
claiming that the Ordinance violates the dormant Commerce Clause of the United States Constitution
by closing the Phoenix market to out-of-state breeders and giving an economic advantage to local
breeders. The Court found for the City of Phoenix.
City of Deerfield Beach, Florida
After the ordinance was adopted in Deerfield Beach, the attorney for the national pet retailer, Petland
Inc., which operates a store in Deerfield Beach, sent a letter to the city threatening legal action on the
grounds of inverse condemnation, regulatory taking and claims under the Bert J. Harris Act. The
letter asked the city to either repeal or amend the ordinance to allow for pet stores to sell cats and
dogs obtained from commercial breeders licensed by the U.S. Department of Agriculture. Petland,
Inc. has not taken any further action.
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