§ 6-34. Requirements for sales of dogs and cats; definitions; permitted sources; certificate of source; penalties.

(a)

Definitions. For purposes of this section, the following words, terms, and phrases shall have the following meanings:

(1)

Animal rescue organization means a humane society, animal welfare society, for the prevention of cruelty to animals, or other such not-for-profit corporations or other legal entity devoted to the welfare, protection, and humane treatment of dogs, cats, or other animals that is duly registered with the Florida Department of State and the Florida Department of Agriculture and Consumer Services, as applicable, and with the appropriate authority in the jurisdiction in which the not-for-profit legal entity is headquartered.

(2)

Breeder means any person or entity that causes dogs or cats to reproduce, regardless of the size or number of litters produced. However, this definition shall not apply to a pet owner who breeds his or her own pet and keeps all of the offspring.

(3)

Hobby breeder means a person or entity that is an active member of a national, state or local breeder organization and that houses or breeds dogs or cats at or adjoining a private residence for the purpose(s) of: improving the breed; exhibiting dogs or cats at shows operated by a national, state or local breeder organization; or raising service animals or animals used for law enforcement or other types of work. A hobby breeder may sell two (2) litters of puppies or kittens per year, per household. A hobby breeder that sells more than two (2) litters per year, per household shall be deemed to be a pet dealer, as defined herein.

(4)

Cat means an animal of any age of the genus Felis catus.

(5)

Dog means an animal of any age of the genus Canis lupus familiaris or resultant hybrids.

(6)

Pet dealer means any person that, in the ordinary course of business, engages in the sale to the public of more than two (2) litters, or twenty (20) dogs or cats, regardless of number per year, whichever is greater. Animal rescue organizations and breeders shall be exempt from this classification.

(7)

Pet shop means a retail establishment that, in the ordinary course of business, engages in the sale of dogs or cats.

(8)

Public animal shelter means a facility that is used for housing or containing dogs or cats or other animals, and that is operated by or on behalf of a state, county, municipality, or other governmental entity.

(9)

Sale means the transfer of ownership in exchange for compensation or profit, including money, goods and services. This definition shall not include adoption fees charged by an animal rescue organization.

(b)

Permitted sources, After February 1, 2016, pet dealers and pet shops shall not display, sell, trade, deliver, barter, lease, rent, auction, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the city, unless the pet dealer or pet shop certifies that the dog or cat comes from one (1) of the following sources:

(1)

An animal rescue organization, as defined in this section; or

(2)

A public animal shelter, as defined in this section.

(c)

Certificate of source. A pet dealer or pet shop that obtains dogs or cats from a permitted source shall post conspicuously on the cage of each dog and cat, the following information:

(1)

Copy of a notarized affidavit of verification form the source from which the dog or cat was obtained. A copy of the certificate of source shall also be provided to the purchaser or transferee of any dog or cat;

(2)

The name and address of the source from which the dog or cat was obtained and the date thereof;

(3)

A description of the dog or cat, including species, breed, sex, color, and distinctive markings, physical condition and health and age (if known); and

(4)

For each dog or cat receiving medical care while in the custody or control of the pet dealer or pet shop, the type of service rendered, date, and veterinarian's name.

(d)

This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they were bred and reared.

(e)

Special magistrate. A notice of violation shall be taken before the city's special magistrate for consideration of the applicable fines. The special magistrate shall exercise jurisdiction over such matters as set forth in section 2-439 of the Code of Ordinances of the City of Neptune Beach.

(f)

Penalties. Any person who violates this section shall be subject to a fine of two hundred fifty dollars ($250.00) per day, per dog and/or cat for the first violation within a twelve-month period, and a fine of five hundred dollars ($500.00) per day, per dog and/or cat for any subsequent violation within a twelve-month period. The Neptune Beach Police Department/Neptune Beach Animal Control shall enforce the provision set forth within this section.

(Ord. No. 2015-20 , § 1, 1-4-16)