Ord No. 01-171
ORDINANCE NO. 01-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, "ANIMALS",
BY REPEALING SECTION 91.18, "RETAIL SALE OF DOGS AND
CATS" AND READOPTING SAME, AS REVISED IN ORDER TO
REQUIRE PERMITS FOR ADOPTION EVENTS, PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 91. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of Delray Beach amended section 91.18 of the Delray Beach Code
of Ordinance, Retail Sale of Dogs and Cats, on March 15, 2016, by prohibiting substandard breeding facilities
that mass produced animals sold to the public; and
WHEREAS, the City of Delray Beach desires to ensure that all dogs and cats are treated humanely and
remains committed to furthering its prohibitions on "puppy mills" or "kitten mills," in addition to creating
additional restrictions related to the adoption of dogs and cats in order to insure that the intent of the
ordinance is being carried out; and
WHEREAS, the City of Delray Beach believes that placing reasonable requirements on adoption events
sponsored by pet stores on behalf of bona fide Animal Rescue Organizations and Animal Shelters will promote
and further the City's goals to encourage consumers to adopt dogs and cats from legitimate shelters and rescue
organizations and reduce the costs to the public of sheltering animals; and
WHEREAS, the City Commission believes that these revisions will promote compliance with the City's
ordinances and will promote the adoption of legitimately rescued, abandoned or surrendered animals; and
WHEREAS, the City Commission finds that this ordinance serves a municipal purpose and deems the
restrictions contained herein to be in the best interest of the health, safety and welfare of the residents and
citizens of Delray Beach.
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 hereby amended to read as follows:
Sec. 91.18 — RETAIL SALE OF DOGS AND CATS.
A. Definitions. For the purpose of this chapter:
(1) Animal Rescue Organi.Zation means a humane society or other duly incorporated or
organized nonprofit organization operated as a bona fide charitable organization under Section 501(c) 3
of the Internal Revenue code, which organization is devoted to the rescue, care, and/or adoption of
stray, abandoned, or surrendered animals and which does not breed animals.
(2) Animal Shelter means a county, municipal, or public animal shelter or a duly
incorporated or organized nonprofit organization 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, or surrendered animals, and which does not breed animals.
(3) Cat means an animal of the Felidae family of the order Carnivora.
(4) Certificate of Source means a document from an Animal Shelter or Animal Rescue
Organization which provides (a) brief description of the dog or cat, the name, address, telephone
number and e-mail address of the source (Animal Shelter or Animal Rescue Organization) of the dog or
cat; {b}
(e) , b shall be signed by the adopter of the
dog or cat acknowledging receipt of the Certificate of Source.
(5) Dag means an animal of the Canidae family of the [order] Carnivora.
(6) Offer(s) for Sale means to display, sell, deliver, offer for sale or adoption, advertise
for the sale of barter, auction, give away or otherwise dispose of a dog or cat.
(7) Pet Store means any retail establishment located within the City of Delray Beach
and that is open to the public and sells, transfers, or offers for sale or transfer, dogs and/or cats,
including puppies and kittens, regardless of the age of the dog or cat.
(8) Pet Store Operatormeans a person who owns or operates a pet store, or both.
B. Sale or Transfer of Dogs and/or Cats. No Pet Store located within the City of Delray Beach
shall 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 on or after the effective date of this
section.
2 ORD NO. 01-17
DC. Certificate of Source.
(1) A Pet Store hosting
an "adoption event" in conjunction with a publicly operated animal control agency, nonprofit humane
society or nonprofit animal rescue organization that is registered with the' county and has no affiliation
with the Pet Store, 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 sale et tr-af±s �y
ado tion, and shall provide a copy of such certificate to the ado ter of any dog
or cat sold at tt- nsr,,,...,.a adopted.
(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 as well as any
additional supporting information related to the cat or dog including but not limited to, Certificates of
Veterinary Inspection and/or Health Certificates Upon such request the Pet Store must present such
certificates at that time and without delay.
(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.
ED. Adoption of Shelter and Rescue Animals. Nothing in this section shall prevent a Pet Store,
or its owner, operator, or employees, from providing space and appropriate care for animals
so long as such animals are owned by a publicly operated animal
control agency, nonprofit humane society, or nonprofit animal rescue organization that is registered
with the county, and has no affiliation with the Pet Store for the purpose of adopting those animals to
the public, subJect to the limitations and conditions set forth herein.
FE.
Adoption Special Events. A pet store may host "adoption
events" no more than four (4) times per calendar year in conjunction with any publically operated
animal control agency, nonprofit humane society, or nonprofit animal rescue organization after
obtaining a permit approved by the City Attorney's Office. The cost of the permit is $75.00. In no
case shall the total cost of adoption charged to the adopter exceed $300.00 for any single adoption
Each adoption event shall be limited to twelve (12) consecutive hours in duration
GF. Violations—Enforcement.
(1) Any person who violates this section shall be subject to the penalties set forth at
Section 10.99 of the Code of Ordinances, Chapter 37 of the Code of Ordinances, Chapter 162, Florida
Statutes, and/or any other means of enforcement available under state or federal law, inclusive
ORD NO. 01-17
(2) Additionally, the City may initiate a civil action in a court of competent
jurisdiction to enjoin any violation of this section.
Section 2. All ordinances or parts of ordinances in conflict be and the same are hereby repealed.
Section 3. 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 of this Ordinance.
Section 4. Specific authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final reading on this the 7th day of
February, 2017.
ATTEST:
City Clerk
First Reading: January 10, 2017
Second Reading: February 7, 2017
Mayor
4 ORD NO. 01-17
City of Delray Beach 100 N.W. 1st Avenue
Delray Beach, FL 33444
Legislation Text
File #: 17-051, Version: 1
TO: Mayor and Commissioners
FROM: Max Lohman, City Attorney
DATE: January 10, 2017
ORDINANCE NO. 01-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, "ANIMALS", BY REPEALING SECTION
91.18, "RETAIL SALE OF DOGS AND CATS" AND READOPTING SAME, AS REVISED IN ORDER
TO REQUIRE PERMITS FOR ADOPTION EVENTS, PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 91. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (FIRST READING)
Recommended Action:
Motion to Adopt Ordinance No. 01-17, amending section 91.18 in order to limit the number of
adoption events that may be hosted by a pet store. Such events shall now require a permit prior to
hosting an adoption event. If passed, a public hearing will be held on January 24, 2017.
Background:
On March 15, 2016, the City Commission adopted Ordinance No. 07-16 making 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. One exception to the
Ordinance provided that animal shelters and animal rescue organizations, as were defined in the
ordinance, were permitted to operate on their own or out of or in connection with a pet store.
Since its passing, Ordinance No. 07-16 has left open various channels for Pet Rescue organizations
to operate as de facto pet stores. This amendment is necessary in order to carry out the City
Commission's original intentions. By imposing reasonable requirements for businesses hosting
adoption events, the City's goal of encouraging adoption and compliance with section 91.18 will be
furthered. In addition, by limiting the number of events hosted per calendar year and requiring
permits for same, the City will ensure that consumers will be offered legitimately rescued, abandoned
and surrendered animals for adoption.
City of Delray Beach Page 1 of 1 Printed on 1/3/2017
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