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18-032 1 2 3 ORDINANCE 18-032 4 5 6 AN ORDINANCE OF THE CITY OF BOYNTON 7 BEACH, FLORIDA AMENDING CHAPTER 4, 8 ANIMALS AND FOWL, BY ADDING A NEW 9 SECTION 4-39, TO ADOPT NEW REGULATIONS 10 REGARDING THE RETAIL SALE OF DOGS AND 11 CATS; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, AND AN EFFECTIVE DATE. 13 14 15 WHEREAS, according to the Humane Society of the United States, hundreds of 16 thousands of dogs and cats in the United States have been housed and bred at substandard 17 breeding facilities, known as "puppy mills" or "kitten factories," that mass - produce animals 18 for sale to the public, many of which are sold in pet stores; and 19 20 WHEREAS,the May 2010 U.S.Department of Agriculture,Inspector General's Audit 21 Report concluded that the Animal and Plant Health Inspection Services(APHIS) Animal Care 22 ( AC) unit's enforcement process was ineffective in achieving breeder/dealer compliance with 23 the Federal Animal Welfare Act (AWA) and that APHIS took little or no enforcement actions 24 against violators; and 25 26 WHEREAS, such lack of enforcement weakened the agency's ability to protect the 27 animals and as a result 2,416 of 4,250 violators repeatedly violated AWA, including violations 28 of minimum care standards intended to ensure the humane care and treatment of animals; and 29 30 WHEREAS, cats and dogs that are bred in puppy mills or kitten factories often suffer 31 from health, social, and/or temperament problems that frequently result in costly treatment or 32 even death; and 33 34 WHEREAS, in addition to the congenital and hereditary conditions resulting from 35 substandard breeding facilities, dogs and cats bred at these facilities may arrive in pet stores 36 and their new homes with giardia, parvovirus, and distemper, illnesses that can be transmitted 37 to healthy family animals; and 38 39 WHEREAS, according to the Humane Society of the United States, Florida has the 40 highest number of consumer complaints submitted to the Humane Society and the highest 41 number of complaints about puppies purchased from pet stores; and 42 43 WHEREAS, pursuant to Florida's Municipal Home Rule Powers Act, Chapter 166, 44 Florida Statutes the City of Boynton Beach my exercise any power for a municipal purpose 45 unless otherwise expressly prohibited; and 46 47 C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Pet_Store_Ordinance_(LL)(00156281-3xc4b6a).Docx 48 WHEREAS, the City Commission deems the prohibition of the retail sale of dogs and 49 cats in the City of Boynton Beach to be in the best interest of the health, safety, and welfare of 50 the residents and citizens of the City of Boynton Beach, and the public at large, that such 51 prohibition constitutes a municipal purpose and will encourage pet consumers to adopt dogs 52 and cats from shelters, thereby saving animals' lives and reducing the cost to the public of 53 sheltering and euthanizing animals. 54 55 56 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 57 CITY OF BOYNTON BEACH, FLORIDA that: 58 59 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 60 61 SECTION 2. The City Commission of the City of Boynton Beach, Florida, hereby 62 declares and finds that puppy mills and kitten mills are inhumane breeding facilities, with 63 documented and widespread instances of; unsanitary conditions leading to infectious diseases; 64 overcrowding in cages; a consistent lack of proper veterinary care for severe illnesses and 65 injuries; a consistent lack of protection from harsh weather conditions; and a consistent lack of 66 adequate food and water. The Commission further declares and finds that animals from mills 67 often face an array of communicable diseases, genetic disorders, and other health problems that 68 may present immediately after sale or not until several years later, which lead to costly 69 veterinary bills and distress to consumers. The Commission further finds that pet store dogs and 70 cats come from puppy mills and kitten mills, and the most effective way to stop puppy mills 71 and kitten mills is to prohibit the purchase and sale of puppies and kittens produced at these 72 inhumane facilities whether those facilities be in state or out of state. Accordingly the 73 Commission finds that it is reasonable and necessary to prohibit the sale of dogs and cats within 74 the municipal boundaries of the city in order to protect the health,safety,and welfare of animals 75 and the public at large. 76 77 SECTION 3. Chapter 4. Animals and Fowl of the Code of Ordinances of the City of 78 Boynton Beach, Florida is hereby amended by adding a new Section 4-39 as follows: 79 80 81 Sec. 4-39 - Retail sale of dogs and/or cats. 82 83 (a) Definitions. For purposes of this section, the following definitions shall apply: 84 Animal rescue organisation means a duly incorporated nonprofit organization devoted to 85 the welfare, protection, rescue, care, humane treatment, and adoption of stray. abandoned, or 86 surrendered animals, and which does not breed animals. The term adoption does not include 87 the sale of an animal for profit. 88 Animal shelter means a state, county, municipal, or related public shelter or duly 89 incorporated nonprofit organization devoted to the rescue, care, and adoption of strays 90 abandoned, or surrendered animals,and which does not breed animals. The term adoption does 91 not include the sale of an animal for profit. C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.1E 5\TQFSZ 5 NC\Pet_Store_Ordinance_(LL)(00156281-3 xc4b6a).Docx 92 Pet store or net supply store means any retail establishment open to the public that sells or 93 transfers, or offers for sale or transfer, dogs and/or cats regardless of the age of the dog or cat. 94 Additionally, such establishments may also be identified by the sale of animals other than those 95 from the Canidae or Felidae families that are traditionally considered to be domestic pets and/or 96 the sale of grooming services and/or domestic pet supplies and accessories (including but t not 97 limited to food, bedding, toys, grooming products, collars, leashes and the like). 98 (b) Retail sales of dogs and/or cats prohibited No pet store or pet supply store shall display, 99 sell, trade, deliver, barter, lease, rent auction, give away,transfer, offer for sale or transfer, 100 or otherwise dispose of dogs or cats within the City of Boynton Beach. 101 (c) Exemptions. This section does not apply to an animal shelter, an animal rescue 102 organization, or an animal shelter or animal rescue organization that operates out of or in 103 connection with a pet store or net supply store. 104 (d) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store 105 or pet supply store,its owner,operator,or employees from providing space and appropriate 106 care for dogs and cats at the store if such animals are owned by an animal shelter or animal 107 rescue organization and are maintained at the store for the purpose of adopting those 108 animals to the public. 109 (e) Enforcement. 110 (1) Any person who commits an act in violation of this section may be prosecuted for 111 such violation in accordance with chapter 2, administration, of this Code of 112 Ordinances,F.S. ch. 162, and/or any other means of enforcement available under state 113 or federal law. 114 (2) The city may initiate a civil action in any court of competent jurisdiction to enjoin 115 any violation of this section. 116 (f) Effective date. Any pet store or pet supply store that is lawfully operating on the effective 117 date of this ordinance [from which this section derives] shall be permitted to continue its 118 sale of dogs and cats for a period of time not to exceed eighteen (18) months from 119 September 6, 2018, to wit: March 5, 2020. 120 121 122 123 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 124 hereby repealed. 125 126 SECTION 5. Should any section or provision of this Ordinance or any portion thereof, 127 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 128 such decision shall not affect the validity of the remainder of this Ordinance. 129 130 SECTION 6. Specific authority is hereby given to codify this Ordinance. 131 132 SECTION 7. This Ordinance shall become effective immediately upon adoption. 133 134 FIRST READING this 7th day of November, 2018. 135 C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IES\TQFSZ5NC\Pet_Store_Ordinance_(LL)(00156281-3xc4b6a).Docx 136 SECOND, FINAL READING AND PASSAGE this 4t" day of December, 2018. 137 CITY OF BOYNTON BEACH, FLORIDA 138 139 YES NO 140 141 Mayor—Steven B. Grant 142 143 Vice Mayor—Christina L. Romelus 144 145 Commissioner—Mack McCray 146 147 Commissioner—Justin Katz 148 --- 149 Commissioner—Aimee Kelley 150 151 152 VOTE �1 153 ATTEST: 154 155 156 ii. 157 Jud' h A. Pyle, CMI' 158 C y Clerk 1.59 160 161 162 (Corporate Seal) `,Users\S,tanzionet'Appdata\Loca1\Microsoft\Windows\Temporary Internet iles\Content.EE5\SATNOEVMPet_Store_Ordinance_(LL)(00156281-3xc4b6a).Docx