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Permission to Advertise: Retail Sales Ordinance Amendment May 9, 2019 Page 12 • The ordinance violates the Bert J. Harris Act. The retail store owners contend that the local government is taking away a right to use their property and therefore the value of their property is diminished by the government's actions. • The ordinance impairs an existing contract and is therefore unconstitutional. The State and US Constitutions prohibit governments from passing laws that would impair an existing contract. Here the retail store owners claim that their existing contracts with in and out of state breeders would be adversely affected by the ban on retail sale of puppies. The lawsuits also claim damages on other grounds and seek injunctive relief and those complaints are available for review at the County Attorney's Office. All of the lawsuits featured a plaintiff with an active retail sale business of puppies. As there are no active businesses that offer the retail sale of puppies in Indian River County, the County Attorney's Office opines that the risk of a lawsuit, should the County go forward with a retail ban on sales of puppies and kittens is greatly reduced and the chance of a plaintiff prevailing on the suit is also greatly reduced. Staff has reviewed ordinances from other jurisdictions and the model ordinance from the US Humane Society. Ordinances that focus on prohibiting retail sales are favored, but still allow for family and hobby breeders to sell puppies and kittens. A family breeder is a person who will breed their dog for a litter of puppies and sell or give them away to family and friends. A family breeder is also the owner of a female dog who met up with the sneaky neighbor dog and now has a litter of puppies to sell or give away. The breeding is not a regular occurrence with a family breeder. The hobby breeder can be categorized by breeding a specific breed of dog once a year or so and selling the puppies using the Internet or social media. Hobby breeders will also take orders for puppies once their female is pregnant. The attached article, Amy Martinez, Golden Opportunity, FLORIDA TREND March, 2019 at 74, gives good insight to a local hobby breeder. Brevard County has recently passed a comprehensive ordinance prohibiting retail sales of puppies and kittens but allowing for local shelters and humane societies to sell puppies and kittens at retail stores such as Petsmart and Pet Supermarket. The Brevard ordinance was drafted with the knowledge that at least one active pet store selling puppies at retail was in business. The ordinance went through several public hearings involving over 30 hours of public testimony. Since we have no active retail establishments selling puppies or kittens in the County, staff deems the ordinance used in Seminole County to be sufficient for our needs. The draft ordinance is attached for your consideration. This ordinance prohibits the sale of puppies at retail but allows the sale/adoption of Humane Society and shelter animals at retail stores. Funding: There is no impact to County funds for this item but if the Board directs staff to advertise for a code amendment, the cost of an advertisement in the Press Journal is approximately $250.00 and would be paid from Account No. 00125062-034910 (General Fund/Animal Control/ Legal Ads). Recommendation: Discuss the proposed ordinance amendment and direct staff to either proceed with advertising with the code amendment or decide that no amendment is needed at this time. Attachment: Copies to: Proposed Ordinance Florida Trend article Tad Stone, Emergency Services Director Jason Ogilvie, Animal Control Manager Ilka Daniels, Humane Society of Vero Beach/Indian River County 126