HomeMy WebLinkAbout4470 Puppy MillsOrdinance No. 2018-4470
An Ordinance of the City of Sanford, Florida relating to the retail sale
of dogs and cats in public places ("puppy mills" and "kitten
factories"); providing for definitions; providing for conditions and
restrictions and other requirements; providing for penalties;
providing for implementing administrative actions; providing for a
savings provision; providing for conflicts; providing for severability;
providing for codification as well as the correction of scrivener's
errors and providing for an effective date.
Whereas, the practice of commercial breeding facilities, not including medical
research, sometimes referred to as "puppy mills" and "kitten factories" contribute to
domestic animal overpopulation; and
Whereas, these facilities may house animals in overcrowded and unsanitary
conditions without adequate veterinary care, food, water and socialization thereby
allowing the spread of heritable and congenital disorders, infectious diseases and
potentially causing environmental contamination all of which may present immediately
after a sale or not until several years later; and
Whereas, the practices used by these mass -breeders may be cruel,
inhumane, or at least considered unreasonable to most pet owners, and detrimental to
the pets used for breeding; and
Whereas, the Humane Society of the United States estimates there are over
10,000 puppy mills in the United States selling approximately two million puppies
annually; and
Whereas, an effective tool to eliminate the retail market for domestic dogs and
cats bred through "puppy mills" and "kitten factories" is to require that pet shops utilize
an adoption -based business model, which ensures that the animals sold by retail
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outlets are sourced from shelters and animal rescue organizations thereby encouraging
the adoption of homeless pets and reducing the financial and emotional toll on
consumers who purchase mill -bred pets with latent physical and behavioral problems;
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Whereas, this Ordinance does not affect a consumer's ability to obtain a dog
or cat of his or her choice directly from a breed -specific animal rescue organization or a
shelter, or from a reputable breeder where the consumer can directly observe and
evaluate the conditions in which the dogs or cats are bred, or where the consumer can
confer directly with the reputable local breeder concerning said conditions; and
Whereas, for these reasons the City Commission of the City of Sanford finds
it reasonable and necessary to provide the following minimum standards governing the
sale of cats and dogs to protect the health, safety and welfare of both animals and pet
owners; that such regulation constitutes a legitimate purpose, and that such regulation
will encourage pet consumers to adopt homeless dogs and cats from shelters and
animal rescue organizations thereby saving animals lives and reducing the cost to the
public of sheltering and euthanizing animals; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of the
City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of
Florida; Chapter 166, Florida Statutes; and other applicable controlling law; and
Whereas, the City Commission of the City of Sanford has deemed approval of
this Ordinance to be in the best interest of the residents and citizens of the City of
Sanford and to further the public health, safety and welfare; and
Whereas, the City Commission of the City of Sanford has complied with all
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procedural and substantive requirements of controlling law in enacting this Ordinance.
Now, therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) set forth herein as the
legislative and administrative findings and intent of the City Commission.
(b). The intent of this Ordinance is to prohibit the retail sale of commercially
bred dogs and cats from "puppy mills" and "kitten factories." These facilities often house
animals in overcrowded and unsanitary conditions without adequate veterinary care,
food, water and socialization, thereby causing or allow allowing heritable and congenital
disorders; the spread of infectious diseases; and environmental contamination, any of
which may be present immediately after a sale or not until several years later.
(c). The City Commission finds it reasonable and necessary to provide the
following minimum standards governing the sale of cats and dogs to protect the health,
safety, and welfare of both animals and pet owners; that such regulation constitutes a
legitimate purpose, and will encourage pet consumers to obtain dogs and cats from
shelters and animal rescue organizations thereby saving animals lives and reducing the
cost to the public of sheltering and euthanizing animals.
(d). It is the intent of the City Commission that this Ordinance will conform with
and supplement Section 828.29, Florida Statutes,' as may be amended, relating to the
sale of dogs and cats transported into the state for sale, health requirements, and
consumer guarantee.
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Section 2. Retail Sale Of Dogs And Cats In Public Places.
The following provisions are added to the Code of Ordinances of the City of
Sanford as follows:
Definitions.
Animal Rescue Organization means 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 which does not breed animals; provided, however, that this term does not
include an entity which obtains a dog or cat from a breeder or dealer for payment or
compensation.
Animal services means a direct service provided to a dog or cat, including but not
limited to, grooming, bathing, or boarding.
Animal shelter means the premises designated by the Board of County
Commissioners of Seminole County for the purpose of impounding and caring for
animals taken into custody for violation of, or pursuant to, the County Code.
Breeder means any person or entity that causes dogs or cats to reproduce, either
willfully or through failure to exercise due care and control, regardless of the size or
number of litters produced. Any person or entity offering male dogs or cats for stud
purposes shall be classified as a breeder. This classification will not apply to a hobby
breeder, as defined in this Section; or to a pet owner who breeds his or her own pets
and keeps all of the offspring.
Cat means an animal of any age that is a member of the Felis Catus, or any
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genetic hybridization thereof, not under the jurisdiction of the Florida Fish and Wildlife
Conservation Commission.
Certificate of Source means a document from the source or Seminole County
Animal Services Shelter, animal control agency, animal rescue organization, or hobby
breeder declaring the source of origin of a dog or cat on the premises offered for retail
sale, as defined in this Section. The document shall 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 dog or cat; (3) shall be signed by the Pet Store certifying
the accuracy of the certificate; and (4) shall be signed by the purchaser or transferee of
the dog or cat acknowledging receipt of the certificate of source.
Commercial kennel means any premises or structure of a business, breeder, or
animal rescue organization used for housing, boarding, buying, selling, re -homing, or
adopting of dogs and cats. This is to include greyhound racing kennels. This term shall
will not include animal hospitals or beauty parlors unconnected with boarding.
Dog means an animal of any age that is a member of the Canis Lupus Familiaris,
or any genetic hybridization thereof, not under the jurisdiction of the Florida Fish and
Wildlife Conservation Commission.
Hobby breeder means 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 1 litter per calendar year per legal
residence whether or not the animals in such litter are offered for sale or other transfer.
/Noncommercial kennel means any premises or structure used to house dogs or
cats of a hobby breeder other than inside a person's home, and which is on the same
property where the hobby breeder resides.
Pet shop means 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. The
Seminole County Animal Services Shelter or an animal rescue organization shall not be
considered a pet shop under this Ordinance.
Retail sale means a sale, regardless of any exchange of consideration for the
animal, or animal services, that takes place at the same time or same location; offer for
sale; auction; barter; display for sale; adoption; re -home; exchange for compensation; or
otherwise, give away; trade; deliver; lease; rent; include as part of a package deal;
advertise for sale; or otherwise dispose of a dog or dogs or a cat or cats to a person in a
pet shop or in association with a pet shop.
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 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 pets purchased directly from a commercial breeder or
indirectly through some other intermediary such as a broker or wholesaler may not be
offered for sale.
(b). It is prohibited and unlawful for a pet shop to offer a dog or dogs or a cat
or cats in City, unless each dog or cat was obtained from:
(1). An animal shelter; or
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(2). An animal rescue organization,
(c). This adoption -based business model for the retail sale of dogs and cats in
the City, as set forth in this Ordinance, shall apply to any pet shops opened, transferred,
assigned, or sold by owners of existing pet shops after the effective date of this
Ordinance.
(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 amended from time to time.
(e). Pet shops shall post and maintain a certificate of source on each dog's or
cat's cage, 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 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 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 City or any
County official charged with enforcing the provisions of this Ordinance.
(g). Any such records shall be made available by a pet shop immediately upon
request by the City, to the City or any County official charged with enforcing the
provisions of this Ordinance.
(h). All pet shops shall maintain all records required by this Ordinance in good
order and accuracy without any falsification of records.
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(i), It is prohibited and unlawful to violate the provisions of this Section which
violation shall include, but not be limited, failure to adhere and timely perform any duty
required in this Ordinance or to engage in any activity prohibited by this Ordinance.
Prohibition on Retail Sale in Public Places.
It is prohibited and unlawful to engage in the 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 or any other person. This prohibition shall not apply to the retail sale of
dogs or cats by an Animal Shelter or Animal Rescue Organization.
Civil penalties.
(a). The provisions of this Ordinance shall be enforced and penalties may be
imposed in accordance with the provisions of Section 1-7 of the City Code relating to a
general penalty and recoupment of costs incurred by the City or by asserting any
remedy available under controlling law.
(b). Each dog or cat produced, reared, bred, kept, sold, or released in violation
of this Ordinance shall 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). The City Attorney, as agreed upon by the City Manager, may initiate a civil
action in any court of competent jurisdiction to enjoin any violation of this Ordinance.
(d). 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 found to be in
violation will be required to correct or remedy such violations immediately.
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Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to bring into effect the provisions of this Ordinance including, but not limited to,
the promulgation and adoption of rules and forms.
Section 4. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to animal
control and regulation activities including, but not limited to dogs and cats, as well as
any and all actions and activities of the City pertaining thereto or of an associated
nature, are hereby ratified and affirmed.
Section 5. Codification; Scrivener's Errors.
(a). Sections 2 of this Ordinance shall be codified and all other sections shall
not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
Section 6. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
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Section 7. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 23rd day of July, 2018.
Attest:
City Commissio
Sanford, Fjorida
Florida.
Traci Houchin, City Clerk cr%
H
Approved as to form and
Legality:
William L. Colbert, Esquire
City Attorney
Trip
of the City of
Seminole County,
i 828.29 Dogs and cats transported or offered for sale; health requirements; consumer
guarantee.—
(1)(a) For each dog transported into the state for sale, the tests, vaccines, and anthelmintics required by
this section must be administered by or under the direction of a veterinarian, licensed by the state of
origin and accredited by the United States Department of Agriculture, who issues the official certificate of
veterinary inspection. The tests, vaccines, and anthelmintics must be administered no more than 30 days
and no less than 14 days before the dog's entry into the state. The official certificate of veterinary
inspection certifying compliance with this section must accompany each dog transported into the state for
sale.
(b) For each dog offered for sale within the state, the tests, vaccines, and anthelmintics required by this
section must be administered by or under the direction of a veterinarian, licensed by the state and
accredited by the United States Department of Agriculture, who issues the official certificate of veterinary
inspection. The tests, vaccines, and anthelmintics must be administered before the dog is offered for sale
in the state, unless the licensed, accredited veterinarian certifies on the official certificate of veterinary
inspection that to inoculate or deworm the dog is not in the best medical interest of the dog, in which case
the vaccine or anthelmintic may not be administered to that particular dog. Each dog must receive
vaccines and anthelmintics against the following diseases and internal parasites:
1. Canine distemper.
2. Leptospirosis.
3. Bordetella (by intranasal inoculation or by an alternative method of administration if deemed
necessary by the attending veterinarian and noted on the health certificate, which must be administered
in this state once before sale).
4. Parainfluenza.
5. Hepatitis.
6. Canine parvo.
7. Rabies, provided the dog is over 3 months of age and the inoculation is administered by a licensed
veterinarian.
8. Roundworms.
9. Hookworms.
If the dog is under 4 months of age, the tests, vaccines, and anthelmintics required by this section must
be administered no more than 21 days before sale within the state. If the dog is 4 months of age or older,
the tests, vaccines, and anthelmintics required by this section must be administered at or after 3 months
of age, but no more than 1 year before sale within the state.
(2)(a) For each cat transported into the state for sale, the tests, vaccines, and anthelmintics required by
this section must be administered by or under the direction of a veterinarian, licensed by the state of
origin and accredited by the United States Department of Agriculture, who issues the official certificate of
veterinary inspection. The tests, vaccines, and anthelmintics must be administered no more than 30 days
and no less than 14 days before the cat's entry into the state. The official certificate of veterinary
inspection certifying compliance with this section must accompany each cat transported into the state for
sale.
(b) For each cat offered for sale within the state, the tests, vaccines, and anthelmintics required by this
section must be administered by or under the direction of a veterinarian, licensed by the state and
accredited by the United States Department of Agriculture, who issues the official certificate of veterinary
inspection. The tests, vaccines, and anthelmintics must be administered before the cat is offered for sale
in the state, unless the licensed, accredited veterinarian certifies on the official certificate of veterinary
inspection that to inoculate or deworm the cat is not in the best medical interest of the cat, in which case
the vaccine or anthelmintic may not be administered to that particular cat. Each cat must receive vaccines
and anthelmintics against the following diseases and internal parasites:
1. Panleukopenia.
2. Feline viral rhinotracheitis.
3. Calici virus.
4. Rabies, if the cat is over 3 months of age and the inoculation is administered by a licensed
veterinarian.
5. Hookworms.
6. Roundworms.
If the cat is under 4 months of age, the tests, vaccines, and anthelmintics required by this section must be
administered no more than 21 days before sale within the state. If the cat is 4 months of age or older, the
tests, vaccines, and anthelmintics required by this section must be administered at or after 3 months of
age, but no more than 1 year before sale within the state.
(3)(a) Each dog or cat subject to subsection (1) or subsection (2) must be accompanied by a current
official certificate of veterinary inspection at all times while being offered for sale within the state. The
examining veterinarian must retain one copy of the official certificate of veterinary inspection on file for at
least 1 year after the date of examination. At the time of sale of the animal, one copy of the official
certificate of veterinary inspection must be given to the buyer. The seller must retain one copy of the
official certificate of veterinary inspection on record for at least 1 year after the date of sale.
(b) The term "official certificate of veterinary inspection" means a legible certificate of veterinary
inspection signed by the examining veterinarian licensed by the state of origin and accredited by the
United States Department of Agriculture, that shows the age, sex, breed, color, and health record of the
dog or cat, the printed or typed names and addresses of the person or business from whom the animal
was obtained, the consignor or seller, the consignee or purchaser, and the examining veterinarian, and
the veterinarian's license number. The official certificate of veterinary inspection must list all vaccines and
deworming medications administered to the dog or cat, including the manufacturer, vaccine, type, lot
number, expiration date, and the dates of administration thereof, and must state that the examining
veterinarian warrants that, to the best of his or her knowledge, the animal has no sign of contagious or
infectious diseases and has no evidence of internal or external parasites, including coccidiosis and ear
mites, but excluding fleas and ticks. The Department of Agriculture and Consumer Services shall supply
the official intrastate certificate of veterinary inspection required by this section at cost.
(c) The examination of each dog and cat by a veterinarian must take place no more than 30 days before
the sale within the state. The examination must include, but not be limited to, a fecal test to determine if
the dog or cat is free of internal parasites, including hookworms, roundworms, tapeworms, and
whipworms. If the examination warrants, the dog or cat must be treated with a specific anthelmintic. In the
absence of a definitive parasitic diagnosis, each dog or cat must be given a broad spectrum anthelmintic.
Each dog over 6 months of age must also be tested for heartworms. Each cat must also be tested for
feline leukemia before being offered for sale in the state. All of these tests must be performed by or under
the supervision of a licensed veterinarian, and the results of the tests must be listed on the official
certificate of veterinary inspection.
(d) All dogs and cats offered for sale and copies of certificates held by the seller and veterinarian are
subject to inspection by any agent of the Department of Agriculture and Consumer Services, any agent of
the United States Department of Agriculture, any law enforcement officer, or any agent appointed under
s.828.03.
(4) A person may not transport into the state for sale or offer for sale within the state any dog or cat that
is less than 8 weeks of age.
(5) If, within 14 days following the sale by a pet dealer of an animal subject to this section, a licensed
veterinarian of the consumer's choosing certifies that, at the time of the sale, the animal was unfit for
purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or
the presence of internal or external parasites, excluding fleas and ticks; or if, within 1 year following the
sale of an animal subject to this section, a licensed veterinarian of the consumer's choosing certifies such
animal to be unfit for purchase due to a congenital or hereditary disorder which adversely affects the
health of the animal; or if, within 1 year following the sale of an animal subject to this section, the breed,
sex, or health of such animal is found to have been misrepresented to the consumer, the pet dealer shall
afford the consumer the right to choose one of the following options:
(a) The right to return the animal and receive a refund of the purchase price, including the sales tax, and
reimbursement for reasonable veterinary costs directly related to the veterinarian's examination and
certification that the dog or cat is unfit for purchase pursuant to this section and directly related to
necessary emergency services and treatment undertaken to relieve suffering;
(b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of
equivalent value, and reimbursement for reasonable veterinary costs directly related to the veterinarian's
examination and certification that the dog or cat is unfit for purchase pursuant to this section and directly
related to necessary emergency services and treatment undertaken to relieve suffering; or
(c) The right to retain the animal and receive reimbursement for reasonable veterinary costs for
necessary services and treatment related to the attempt to cure or curing of the dog or cat.
Reimbursement for veterinary costs may not exceed the purchase price of the animal. The cost of
veterinary services is reasonable if comparable to the cost of similar services rendered by other licensed
veterinarians in proximity to the treating veterinarian and the services rendered are appropriate for the
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certification by the veterinarian.
(6) A consumer may sign a waiver relinquishing his or her right to return the dog or cat for congenital or
hereditary disorders. In the case of such waiver, the consumer has 48 normal business hours, excluding
weekends and holidays, in which to have the animal examined by a licensed veterinarian of the
consumer's choosing. If the veterinarian certifies that, at the time of sale, the dog or cat was unfit for
purchase due to a congenital or hereditary disorder, the pet dealer must afford the consumer the right to
choose one of the following options:
(a) The right to return the animal and receive a refund of the purchase price, including sales tax, but
excluding the veterinary costs related to the certification that the dog or cat is unfit; or
(b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of
equivalent value, but not a refund of the veterinary costs related to the certification that the dog or cat is
unfit.
(7) A pet dealer may specifically state at the time of sale, in writing to the consumer, the presence of
specific congenital or hereditary disorders, in which case the consumer has no right to any refund or
exchange for those disorders.
(8) The refund or exchange required by subsection (5) or subsection (6) shall be made by the pet dealer
not later than 10 business days following receipt of a signed veterinary certification as required in
subsection (5) or subsection (6). The consumer must notify the pet dealer within 2 business days after the
veterinarian's determination that the animal is unfit. The written certification of unfitness must be
presented to the pet dealer not later than 3 business days following receipt thereof by the consumer.
(9) An animal may not be determined unfit for sale on account of an injury sustained or illness
contracted after the consumer takes possession of the animal. A veterinary finding of intestinal or external
parasites is not grounds for declaring a dog or cat unfit for sale unless the animal is clinically ill because
of that condition.
(10) If a pet dealer wishes to contest a demand for veterinary expenses, refund, or exchange made by a
consumer under this section, the dealer may require the consumer to produce the animal for examination
by a licensed veterinarian designated by the dealer. Upon such examination, if the consumer and the
dealer are unable to reach an agreement that constitutes one of the options set forth in subsection (5) or
subsection (6) within 10 business days following receipt of the animal for such examination, the consumer
may initiate an action in a court of competent jurisdiction to recover or obtain reimbursement of veterinary
expenses, refund, or exchange.
(11) This section does not in any way limit the rights or remedies that are otherwise available to a
consumer under any other law.
(12) Every pet dealer who sells an animal to a consumer must provide the consumer at the time of sale
with a written notice, printed or typed, which reads as follows:
It is the consumer's right, pursuant to section 828.29, Florida Statutes, to receive a certificate of
veterinary inspection with each dog or cat purchased from a pet dealer. Such certificate shall list all
vaccines and deworming medications administered to the animal and shall state that the animal has been
examined by a Florida -licensed veterinarian who certifies that, to the best of the veterinarian's knowledge,
the animal was found to have been healthy at the time of the veterinary examination. In the event that the
consumer purchases the animal and finds it to have been unfit for purchase as provided in section
828.29(5), Florida Statutes, the consumer must notify the pet dealer within 2 business days of the
veterinarian's determination that the animal was unfit. The consumer has the right to retain, return, or
exchange the animal and receive reimbursement for certain related veterinary services rendered to the
animal, subject to the right of the dealer to have the animal examined by another veterinarian.
(13) For the purposes of subsections (5)-(12) and (16), the term "pet dealer" means any person, firm,
partnership, corporation, or other association which, in the ordinary course of business, engages in the
sale of more than two litters, or 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.
(14) The state attorney may bring an action to enjoin any violator of this section or s. 828.12 or s.
828.13 from being a pet dealer.
(15) County -operated or city -operated animal control agencies and registered nonprofit humane
organizations are exempt from this section.
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(16) A pet dealer may not knowingly misrepresent the breed, sex, or health of any dog or cat offered for
sale within the state.
(17) Except as otherwise provided in this chapter, a person who violates any provision of this section
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
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WS RM X_
Item No.
CITY OF � r
SkNFORD
FLORIDA
CITY COMMISSION MEMORANDUM 18-163
JULY 23, 2®18
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Norton N. Bonaparte, Jr., City Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: "Puppy Mills" And "Kitten Factories drdinancumber 4470)
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 4470, regulating "puppy mills" and "kitten factories" is being
requested.
FISCAL/STAFFING STATEMENT:
The costs to the City should be nominal as the County will be the main enforcement entity as to
the provisions of the proposed Ordinance.
BACKGROUND:
On June 11, 2018 the City Commission requested that an ordinance regulating "puppy mills" and
"kitten factories", similar to the ordinance being enacted by Seminole County, be prepared and
presented to the City Commission for action. On June 25, 2018, the City Commission discussed
a draft ordinance, but action was delayed to ensure consistency with the ordinance enacted by the
Board of County Commissioners. A revised ordinance has been prepared.
The intent of this Ordinance is to prohibit the retail sale of commercially bred dogs and cats from
"puppy mills" and "kitten factories." These facilities often house animals in overcrowded and
unsanitary conditions without adequate veterinary care, food, water and socialization, thereby
causing or allowing heritable and congenital disorders; the spread of infectious diseases; and
environmental contamination, any of which may be present immediately after a sale or not until
several years later.
The Ordinance, in sum, bans the sale of dogs or cats bred through puppy mills or kitten factories.
The Ordinance does not affect local reputable breeders from selling directly to pet owners, but it
does require any retail business that desires to sell cats or dogs to use animals that come from
shelters.
The enforcement of the Ordinance would be coordinated through and with the County official
charged with enforcing the provisions of Chapter 20 of the Seminole County Code which is the
major responsibility of the Seminole County Animal Services Division.
LEGAL REVIEW:
The Assistant City Attorney prepared the attached Ordinance No. 4470.
The City Commission approved the first reading of Ordinance No. 4470 on July 9, 2018.
The City Clerk published the notice of the 2nd public hearing in the Sanford Herald on July 1,
2018.
REGOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4470.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4470."
Attachment: Ordinance No. 4470.