HomeMy WebLinkAbout2019-014ORDINANCE NO. 2019- 014
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 302 OF THE
CODE OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED "RETAIL
SALE OF DOGS AND CATS"; AND PROVIDING FOR CODIFICATION,
SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE.
WHEREAS, "puppy mills" and "kitten factories" are facilities that often house
multiple breeds of animals in overcrowded and unsanitary conditions without adequate
veterinary care, food, water, and socialization; and
WHEREAS, these facilities do not use the breeding dogs and cats as pets, rather
their only purpose is to produce puppies and kittens to be sold at retail stores across the
country; and
WHEREAS, the puppy mills and kitty factories often sell the puppies and kittens to
brokers who ship the animals, regardless of their condition, in cages without regard for
sanitary conditions, food or water; and
WHEREAS, due to the conditions in "puppy mills" and "kitten factories" animals
are put up for sale at retail facilities with undiagnosed and/or untreated heritable and
congenital disorders, infectious diseases, and environmental contamination, any of which
may be present immediately after a sale or shortly after the sale; and
WHEREAS, the Indian River County Board of County Commissioners (the
"Board") has heard testimony from local residents who purchased puppies from retail
stores who spent large sums of money on veterinary care for health problems for puppies
that came from puppy mills and therefore finds it reasonable and necessary to provide
minimum standards governing the sale of cats and dogs to protect the health, safety, and
welfare of both animals and pet owners; and
WHEREAS, the Board also finds that such regulation constitutes a legitimate
purpose, and will encourage pet consumers to obtain dogs and cats from shelters, animal
rescue organizations, or hobby breeders thereby saving animals lives and reducing the
cost to the public of sheltering and euthanizing animals;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
SECTION 1. AMENDMENT
Section 302.02. — Definitions.
8. Certificate of Source. A document from the Humane Society, animal control
agency, animal rescue organization, pet dealer, or hobby breeder declaring the source of
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ORDINANCE NO. 2019-014
origin of a dog or cat on the premises offered for retail sale, as defined in this Section.
The Certificate of Source must include at a minimum: (1) a brief description of the dog or
cat; (2) the name, address, telephone number and email address of the source of the doq
or cat; (3) the siqnature of the Pet Shop certifying the accuracy of the certificate; and (4)
the signature of the purchaser or transferee of the dog or cat acknowledging receipt of
the certificate of source.
16. Humane Society orAnimal Rescue Organization: The Humane Society of Vero
Beach and Indian River County, Inc., or any association, organization or corporation,
whether for profit or not, which pursues substantially similar goals and objectives. An
Animal Rescue Organization shall be a duly incorporated nonprofit organization, properly
organized under Section 501(c)(3) of the Internal Revenue Code, devoted to the rescue,
care, humane treatment, and adoption of stray, abandoned, or surrendered animals that
does not breed animals.
26. Pet dealer and hobby breeder. A pet dealer is Aany person that, in the ordinary
course of business, engages in the sale of more than two (2) litters, or twenty (20) dogs
or cats, per year, whichever is greater, to the public. This definition includes breeders of
animals who sell such animals directly to a consumer. A hobby breeder is any person or
entity, that intentionally causes or allows willfully or through failure to exercise due care
and control, the breeding or studding of a dog or cat resulting in no more than a total of
two (2) litters per calendar year per legal residence whether or not the animals in such
litter are offered for sale or other transfer.
27. Pet shop. A business entity that has obtained a tax receipt or occupational
license, open to the public, that sells or transfers, or offers for sale or transfer, dogs or
cats, regardless of the age of the dog or cat or the physical location of the animal. Such
an establishment may be a permanent, temporary, or virtual establishment. Indian River
County Animal Services Shelter and animal rescue organizations are not considered a
Pet shop under this Chapter.
Section 302.15. - Retail sale of dogs and cats.
(a) An adoption -based business model shall be required for the retail sale of dogs or
cats at a pet shop or pet supply store whereby all dogs or cats will be sourced from
stray and unwanted pets that have been taken in by an animal shelter or animal
rescue organization. It also means that dogs or cats purchased directly from a
commercial breeder or indirectly through some other intermediary such as a broker
or wholesaler may not be offered for retail sale.
(b) No pet shop or pet supply store shall offer dogs or cats in Indian River County,
unless the dog orcat was obtained from:
1) An animal shelter:
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ORDINANCE NO. 2019- 014
(2) An animal rescue organization.
(c) This adoption -based business model for the retail sale of dogs or cats in the County
applies to any pet'supply store or pet shops opened, transferred, assigned, or sold
by owners of existing Pet Shops after the effective date of the Chapter.
(d)An official certificate of veterinary inspection must accompany the sale of any cat
or dog transported into the state, in compliance with Section 828.29(3), Florida
Statutes, as this statute may be amended from time to time.
(e) Pet shops and pet supply stores shall post and maintain a certificate of source, as
defined in section 302.02.8, on each dog and cat's cape, kennel, or enclosure,
within clear view, and shall provide a copy of the certificate to the purchaser or
transferee of any such dog or cat sold or transferred.
(f) Pet .Shops and pet supply stores shall maintain records, stating the name address
telephone number and email of the animal shelter or animal rescue organization
from which each dog or cat was acquired for three (3) years following the date of
acquisition or in accordance with the required relation time set forth by business
standards and practices governing the particular commercial establishment and
record, whichever is greater, and maintain a copy of the record for the previous
year subject to inspection by the County's animal control officers or any other
County officials charged with enforcing the provisions of this Section.
(q) Any such records shall be made available, immediately upon request to the
County's animal control officers and any other County officials charged with
enforcing the provisions of this Section.
(h) Falsification of.records by pet shops is hereby deemed unlawful and subject to the
penalties of this Chapter.
Section 302.16. - Prohibition on retail sale in public places.
(a) There shall be no retail sale of dogs or cats on any public thoroughfare, public
common areas, or other places of public accommodations, flea markets, festivals,
yard sales, medians, parks, recreation areas, outdoor markets, parking lots, or other
similar locations, regardless of whether such access is authorized by the owner.
(b) This Section shall not apply to the retail sale of dogs or cats by an Animal Shelter or
Animal Rescue Organization.
Section. 302.17. - Enforcement and penalties.
(a) Any Pet Shop or pet supply store found to be in violation of the provisions of this
Chapter may be subject to any applicable enforcement mechanism available to the
County including, but not limited to: prosecution in the same manner as a
misdemeanor, as provided in Section 125.69, Florida Statutes, as this statute may
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ORDINANCE NO. 2019- 014
be amended from time to time. It shall be a violation of this Chapter to fail to comply
with any of the requirements or restrictions contained in this Chapter.
(b) Each dog or cat produced, reared, bred, kept, sold, or released in violation of this
Chapter will be deemed a separate offense, and a separate offense will be deemed
committed on each day during on or which a violation occurs or continues.
(c) Violations of this Chapter are classified as a civil infraction in accordance with
Section 82.8.27(2), Florida Statutes, as this statute may be amended from time to
time.
(d) The County may initiate a civil action in any court of competent jurisdiction to enjoin
any violation of this Chapter.
(e) Imposition of a penalty for a violation does not excuse the violation nor does it
imply permission for the violation to continue. All Pet Shops or pet supply stores
found to be in violation will be required to correct or remedy such violations
immediately.
Section. 302.18. - Applicability.
Sections 302.15 - 302.18 shall apply to the unincorporated areas of Indian River
County.
Section 4. Codification. It is the intention of the Board of County Commissioners that
the provision of this ordinance shall become and be made part of the Indian River County
Code, and that the sections of this ordinance may be renumbered or re -lettered and the
word ordinance may be changed to section, article or such other appropriate word or
phrase in order to accomplish such intention.
Section 5. Severability. If any part of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall
not be affected by such holding and shall remain in full force and effect.
Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 7. Effective Date. This ordinance shall become effective upon adoption by the
Board of County Commissioners and filing with the Department of State.
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ORDINANCE NO. 2019- 014
This ordinance was advertised in the Indian River Press Journal on the 7th day of
June, 2019, for a public hearing to be held on the 18th day of June, 2019, at which time
it was moved for adoption by Commissioner Joseph Flescher , seconded by
Commissioner Susan Adams , and adopted by the following vote:
Chairman Bob Solari AYE
Vice -Chairman Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Peter D. O'Bryan AYE
Commissioner Tim Zorc AYE
The Chairman thereupon declared the ordinance duly passed and adopted this
18th day of June, 2019. p.� `
BOARD OF COUNTY OMIIIIIISSIERS IN
OF INDIAN RIVER COUM, FIs
B Bob Solari, Chairman
ATTEST: JEFFREY R. SMITH, CLERK
AND COMPTROLLER
By:
Deputy Clerk
Approved as to form and
Legal
lssufficie sufficiency:
t &-
William K. DeBraal
Deputy County Attorney
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
19 day of June , 2019.
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