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ORDINANCE NO. ______ _
An Ordinance amending Chapter 5, Article 1, of the City of South Miami's
Code of Ordinances by adding Section 5-7, "Retail Sale of Cats and Dogs".
WHEREAS, "puppy mills" or "kitten factories," ("Facilities") are substandard breeding
facilities that mass-produce animals for sale to the public; and
WHEREAS, according to the Humane Society of the United States, more than a million
dogs and cats in the United States are housed and bred each year at these Facilities; and
WHEREAS, because of the lack of proper animal husbandry practices at these Facilities,
animals born and raised there are more likely to have genetic disorders and to lack adequate
socialization. In addition, animals bred in these Facilities are subject to inhumane housing
conditions and are indiscriminately disposed of when they reach the end of their profitable
breeding cycle; and
WHEREAS, many animals produced in these Facilities are purchased by retail pet stores
for sale to the public; and
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WHEREAS, willIe not all dogs and cats sold in retail pet stores are the product of .
inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet
stores operates "puppy mills" or "kitten factories," the City Commission believes that puppy
mills and kitten factories continue to exist, in part, because of public demand fueled by the
availability of dogs and cats in pet stores leading to "impulse" purchases of animals; and
WHEREAS, the City Commission believes that restricting the retail sale of dogs and cats
in the City will promote commWlity awareness of animal welfare and, in turn, will foster a more
humane environment in the City; and
WHEREAS, the restriction of the retail sale of dogs and cats in pet stores in the City will
reduce impulse purchases of pets (which can lead to abandonment or mistreatment of the animals
once they have outgrown their initial puppy or kitten appeal), the restriction will also encourage
pet consumers to adopt dogs and cats from shelters where purchasers will be screened for their
suitability with respect to the animal, thus reducing the likelihood that the animal will be
mistreated or abandoned. Tills will in turn save animals' lives and reduce the cost to the public of
sheltering animals.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. CHAPTER 5, ARTICLE 1, is hereby amended to read as follows:
Chapter 5 -ANIMALS AND FOWL
ARTICLE 1. -IN GENERAL
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Sec. 5-7 ~ Retail Sale of Dogs and Cats -Definitions
For the purpose of this ordinance the terms hereinafter set forth shall be defined as
follows:
1. "Animal shelter" means a public animal shelter or du1y incorporated
nonprofit organization devoted to the rescue, care and adoption of stray,
abandoned or surrendered animals, and which does not breed animals.
2. "Cat" means an animal of the Felidae family of the order Carnivora.
3. "Certificate of source" means a document declaring the source of the dog
or cat sold or transferred by the pet store. The certificate shall include the
name and address of the source of the dog or cat.
4. "Dog" means an animal of the Canidae family of the order Carnivora.
5. "Existing pet store" means any pet store or pet store operator that
displayed, sold, delivered, offered for sale, offered for adoption, bartered,
auctioned, gave away, or otherwise transferred cats or dogs in the City on
the effective date of this article and complied with all applicable
provisions of the Code of Ordinances.
6. "Pet store" means a retail establishment open to the public and engaging in
the business of offering for sale and/or selling animals at retail.
7. "Pet store operator" means a person who owns or operates a pet store, or
both.
8. "Retail sale" includes display, offer for sale, offer for adoption, barter,
auction, give away, or other transfer of any cat or dog.
Sec. 5 -7.1 -Prohibition.
No pet store shall display, sell, deliver, offer for sale, barter, auction, give away, or
otherwise transfer or dispose of dogs or cats in the City on or after the effective date of
this section.
Sec. 5-7.2 ~ Existing Pet Stores.
An existing pet store may continue to display, offer for sale, offer for adoption, barter,
auction, give away, or otherwise transfer cats and dogs until
Sec. 5-7.3 ~ Exemptions.
This article shall not apply to:
1. A person or establishment that sells, delivers, offers for sale, barters,
auctions, gives away, or otherwise transfers or disposes of only animals
that were bred and reared on the premises of the person or establishment;
2. A publicly operated animal control facility or animal shelter;
3. A private, charitable, nonprofit humane society or animal rescue
organization; or
4. A publicly operated animal control agency, nonprofit humane society, or
nonprofit animal rescue organization that operates out of or in connection
with a pet store.
Sec. 5-7.4 ~ Certificate of source.
1. A pet store shall post and maintain in a conspicuous place, on or within
three (3) feet of each animals' 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.
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2. Any law enforcement officer or employee of a county animal shelter may,
at any time, request to review copies of such certificates and, upon such
request, the pet store operator must present such certificates at that time
and without delay.
3. Falsification of a Certificate of Source by a pet store, pet store operator, or
any other person shall be deemed a violation ofthis section.
Sec. 5-7.5 -Adoption of Shelter and Rescue Animals.
Nothing in this article shall prevent a pet store or its owner, operator or employees from
providing space and appropriate care for animals owned by a publicly operated animal
control agency, nonprofit humane society, or nonprofit animal rescue agency and
maintained at the pet store for the purpose of adopting those animals to the public.
Sec. 5-7.6 -Violations.
A violation of this section for which a citation is issued is a civil infraction subj ect to the
enforcement procedures set forth in Sec.l-S of the City of South Miami Code of
Ordinances.
Section 2. Codification. The provisions of this ordinance shall become and be made
part of the Land Development Code of the City of South Miami as amended; that the sections of
this ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
"ordinance" may be changed'to "section" or other appropriate word.
Section 3_ Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity ofthe remaining portions of this ordinance.
Section 4_ Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances indirect conflict herewith are hereby repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ dayof _____ , 2015.
ATTEST:
CITY CLERK
1st Reading
2 nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND '
EXECUTION THEREOF:
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: