§ 4-7. Retail sale of dogs and cats.

(1)

Definitions. For purposes of this section, the following definitions shall apply:

Animal rescue organization means 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, injured or surrendered animals and which does not breed animals.

Animal shelter means a municipal or related public animal shelter or 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, injured or surrendered animals, and which does not breed animals.

Cat means an animal of any age of the Felidae family of the order Carnivora.

Certificate of source means a document from the source or county animal shelter or animal control agency, humane society, non-profit rescue organization or hobby breeder declaring the source of origin of a dog or cat on the premises to be sold or transferred or offered for sale or transfer. A certificate of source shall include at a minimum: (a) a brief description of the dog or cat, the name, address, telephone number, and e-mail address of the source of the dog or cat; (b) shall be signed by the pet store certifying the accuracy of the certificate; and (c) shall be signed by the purchaser or transferee of the dog or cat acknowledging receipt of the certificate of source.

Dog means an animal of any age of the Canidae family of the Carnivora.

Hobby breeder means any person or entity that causes or allows the breeding or studding of a dog or cat resulting in no more than a total of one (1) litter per calendar year whether or not the animals in such litter are offered for sale or other transfer.

Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of the dog or cat.

Pet store operator means a person who owns or operates a pet store.

(2)

Sale or transfer of dogs and/or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats on or after the effective date of this section unless the pet store is exempt under subsection (3) below.

(3)

Exemptions. Section 4-7(2) does not apply to:

(a)

Pet stores that (i) obtain their cats and dogs from a hobby breeder as defined above or who breed their own cats and dogs and (ii) comply with subsection (4) below.

(b)

An animal shelter.

(c)

An animal rescue organization.

(d)

An animal shelter or animal rescue organization that operates out of or in connection with a pet store or other retail store.

(e)

Pet stores that possess an active City of Sunrise local business tax receipt on April 22, 2014 shall have thirty (30) days from April 22, 2014 to comply with the certificate of source in subsection (4) below and shall be exempt from this ordinance through December 31, 2015.

(f)

A hobby breeder as defined above.

(4)

Certificate of source.

(a)

A pet store shall post and maintain in a conspicuous place, on or within three (3) feet of each dog's or cat's kennel, cage or enclosure, a certificate of source for each dog or cat offered for sale or transfer, and the pet store shall provide a copy of such certificate of source to the purchaser or transferee of any dog or cat sold or transferred.

(b)

Falsification of a certificate of source by a pet store, pet store operator, or any other person is hereby declared unlawful.

(5)

Hobby breeders must meet the following requirements:

(a)

Keep records, for a period of at least three (3) years and make such records available for review by the city upon request of (i) the birth of each litter of dogs and cats and (ii) veterinary records of rabies vaccinations, all other inoculations, and any medical condition(s) of each dog and cat.

(b)

Ensure that dogs and cats are provided: clean, sanitary, safe and humane conditions; sufficient quantities of appropriate food daily; proper air ventilation and circulation; adequate quantities of visible, clean and fresh water available at all times; and medical attention or necessary veterinary care when the dog or cat is diseased or injured.

(6)

Violations - Enforcement. Any person who violates this section shall be punished as provided in sections 2-116 through 2-126 of the City's Code of Ordinances.

(Ord. No. 577, § 2, 4-22-14; Ord. No. 577-14-A, § 2, 9-29-14; Ord. No. 577-15-A, § 2, 3-10-15; Ord. No. 577-15-B, § 2, 7-31-15)