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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: �).�� City Clerk First Reading Second Reading- on eadin on second and final re g the day of YOR 0 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 City of Delray Beach Page 1 of 2 Printed on 3/8/2016 powered by Legia[arT" 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. City of Delray Beach Page 2 of 2 Printed on 3/8/2016 powered by Legistar'-