HomeMy WebLinkAboutCity of Tamarac Ordinance O-2014-018Temp. Ord. No. 2311
Revised November 13, 2014
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2014 - r
9
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 4 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "ANIMALS" BY CREATING
ARTICLE III ENTITLED "RETAIL SALE OF DOGS AND CATS", TO
PROVIDE FOR REGULATIONS ON THE RETAIL SALE OF DOGS
AND CATS ORIGINATING FROM A PUPPY OR KITTEN MILL IN
CONFORMITY WITH THE CITY OF TAMARAC COMPREHENSIVE
PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, according to the Humane Society of the United States, hundreds of
thousands of dogs and cats in the united States have been housed and bred at
substandard breeding facilities known as "puppy mills" or "kitten factories," that mass-
produce animals for sale to the public, many of which are sold at retail in pet stores; and
WHEREAS, because of the lack of proper animal husbandry practices at those
facilities, animals born and raised there are more likely to have genetic disorders and
lack adequate socialization, while breeding animals utilized there are subject to
inhumane housing conditions and are indiscriminately disposed of when they reach the
end of their profitable breeding cycle; and
WHEREAS, while not all dogs and cats sold in retail pet stores are the products
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
and the sale of dogs and cats in pet stores; and
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Temp. Ord. No. 2311
Revised November 13, 2014
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WHEREAS, the City Commission believes that prohibiting the retail sale of dogs
and cats in the City will promote community awareness of animal welfare and, in turn,
will foster a more humane environment in the City; and
WHEREAS, the City Commission believes that the prohibition of the retail sale of
dogs and cats in pet stores in the City will also encourage pet consumers to adopt dogs
and cats from shelters, thereby saving animals' lives and reducing the cost to the public
of sheltering animals, and is in the best interest of the citizens and residents of the City
of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. The foregoing recitals are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
SECTION 2. Chapter 4, entitled "Animals" of the Code of Ordinances of the City
of Tamarac, Florida, is amended to create Article III entitled "Retail Sale of Dogs and
Cats" as follows:
Sec. 4-34. Definition.
For purposes of this section, the following definitions shall apply:
(a) Animal Rescue Organization means a duly incorporated nonprofit
organization devoted to the rescue, care and adoption of stray, abandoned or
surrendered animals which does not breed animals.
(b) Animal shelter means a municipal or related public animal shelter or duly
incorporated nonprofit organization devoted to the rescue, care and adoption of stray,
abandoned or surrendered animals, and which does not breed animals.
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Revised November 13, 2014
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(c) Cat means an animal of the Felidae family of the order Carnivora.
(d) Certificate of source means a document declaring the source of origin
the dog or cat sold or transferred or offered for sale or transfer. A certificate of source
shall include the name and address of the original source of the dog or cat and license
information if the original source breeder is licensed by the United States Department of
Agriculture and shall be signed by both the pet store certifying the accuracy of the
certificate and bye purchaser or transferee of the dog or cat acknowledging receipt of
the certificate.
(e) Dog means an animal of the Canidae family of the Carnivora.
(D 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 litter per
adult animal per calendar year whether or not the animals in such litter are offered for
sale or other transfer.
(g) Pet store means any .retail establishment open to the public that sells or
transfers, or offers for sale or transfer, doqs and/or cats, including puppies and kittens,
regardless of the age of the dog or cat.
(h) Pet store operator means a person who owns or operates a pet store.
Puppy or kitten mill means a facility where dogs and cats are bred for the
purpose of selling them and where any two of the following conditions are found to exist:
(1) More than 20 puppies (under the age of 12 weeks) or more than 20
kittens (under the aqe of 16 weeks) are kept at a single time;
(2) No genetic (heredity) health testing appropriate for the breed is
conducted;
(3) No long-term care (over one year) guarantees are offered;
4) A single female is bred every cycle;
(5) A single female is bred more than five times;
(6) There are no records of the dogs' or cats' parents;
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Revised November 13, 2014
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(7) More than eight dogs or kittens are kept in a single enclosure.
Sec. 4-35. Puppy and kitten mills.
It shall be unlawful for any person or entity to establish, operate or maintain a puppy
or kitten mill in the City of Tamarac.
Sec. 4-36. Sale or transfer of dogs and/or cats.
(a) 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 in the
City of Tamarac.
Sec. 4-37. Exemptions.
This section does not apply to:
a) A person or pet store that sells, delivers, offers for sale, trades, barters,
leases, rents, auctions, gives away, or otherwise transfers or disposes of
dogs and/or cats that were bred and reared on property within the City of
Tamarac, owned. by and zoned for the person or pet store, which premises
are not retail in nature.
(b) A Hobby Breeder as defined herein.
(c) An animal shelter
(d) An animal rescue organization
(e) An animal shelter or animal rescue organization that operates out of or in
connection with a pet store.
Sec. 4-38. Certificate of Source.
A pet store shall post and maintain, on or within three (3) feet of each dog's or cat's
kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or
transfer, and shall provide a copy of such certificate to the purchaser or transferee of any
dog or cat sold or transferred.
Sec. 4-39. Enforcement.
(a) Any person who violates this section shall be subject to the penalties set
forth in Section 2-73.08 of this Code of Ordinances.
(b) Additionally, the City may initiate a civil action in a court of competent
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Temp. Ord. No. 2311
Revised November 13, 2014
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jurisdiction to enjoin any violation of this section.
SECTION 3. Codification. It is the intention of the City Commission of the City of
Tamarac that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this
Ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to
"Section", "Article" or such other word or phrase in order to accomplish such intention
SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
SECTION 5. Severability. Should any section, provision, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall become effective
adoption.
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upon
Temp. Ord. No. 2311
Revised November 13, 2014
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PASSED, FIRST READING this ��ay of ��'L�', 2014.
PASSED, SECOND READING this lc/f�o day of , 2014.
ATTEST:
PATRICIA TEUFEL,
CITY C
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
CITY ATTO R
1-
BY. ,.
MAYOR HARRY DRESSLER
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR
DRESSLER
DIST
1:
COMM BUSHNELL
DIST
2:
V/M GOMEZ
DIST
3:
COMM. GLASSER
DIST4:
COMM.
PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER
DIST 1: V/M BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
.
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