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HomeMy WebLinkAboutAlbert_Sardinas_Retail_Pet_Sales_Sample_Ordinance_04.2022_20220420.AttachmentSample municipal ordinance regarding the sale of cats and dogs. April 1, 2022 NEW SECTION. Sec. 1. A new section is added to read as follows: 1 1) A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any 2 dog or cat obtained from a person who is required to be licensed by the pet dealer 3 regulations of the United States department of agriculture under the animal welfare act (7 4 United States Code sections 2131 through 2159) if any of the following applies: 5 a) The person is not currently licensed by the United States department of agriculture 6 under the animal welfare act (7 United States Code sections 2131 through 2159). 7 b) Within two years before obtaining the dog or cat the person commits a direct violation 8 of any of the pet dealer regulations of the United States department of agriculture 9 under the animal welfare act (7 United States Code sections 2131 through 2159). 10 c) The person receives an indirect no access violation on each of the two most recent 11 inspection reports issued by the United States department of agriculture under the 12 animal welfare act (7 United States Code sections 2131 through 2159). 13 d) The person commits three or more indirect violations of the pet dealer regulations of 14 the United States department of agriculture during the two-year period before 15 obtaining the dog or cat for violations relating to the health or welfare of the animal and 16 the violations were not administrative in nature. The indirect violations described in this 17 paragraph do not include a violation described in paragraph 3 of this subsection. 18 2) A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any 19 dog or cat obtained from a person who directly or indirectly obtained a dog or cat from a 20 person described in subsection A of this section. A pet store or pet dealer is presumed to 21 have acted in good faith and to have satisfied its obligation to ascertain whether a person 22 meets the criteria described in subsection A of this section if, when placing an order to 23 obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for 24 inspection reports of the breeder on the animal care information system search tool 25 maintained by the United States department of agriculture. 26 3) Notwithstanding subsections A and B of this section, a pet store or pet dealer may obtain a 27 dog or cat for resale or sell or offer for sale any dog or cat obtained from a publicly operated 28 pound or a private, charitable nonprofit humane society or from any animal adoption 29 activity conducted by a pound or humane society. 30 4) A pet dealer shall maintain records verifying its compliance with this section for at least two 31 years after obtaining the dog or cat to be sold or offered for sale. Records maintained 32 pursuant to this subsection shall be open to inspection on request by a municipal or county 33 peace officer or enforcement official. 34 5) A pet dealer shall display the source of any dog or cat offered for sale by providing the 35 name of the breeder of the animal, the United States department of agriculture license 36 number of the breeder if the animal is from a breeder that is licensed by the United States 37 department of agriculture and the United States department of agriculture website where 38 information about the breeder may be obtained. The pet dealer shall display the 39 information described in this subsection on all printed or electronic marketing materials 40 about a specific dog or cat that has been obtained by the pet dealer and that is being 1 offered for sale. 2 3 NEW SECTION. Sec. 2. A new section is added to read as follows: 4 1) A pet shop licensee shall, prior to offering a dog for sale and thereafter at intervals of 5 fifteen days until such dog is sold, provide for examination of such dog by a licensed 6 veterinarian. Such licensee shall maintain a record of the veterinary services rendered for 7 each dog offered for sale. 8 a) If, within fifteen days of sale, any such dog becomes ill or dies of any illness which 9 existed in such dog at the time of the sale, or within twelve months of sale, any such dog 10 is diagnosed with a congenital defect that adversely affects or will adversely affect the 11 health of such dog, such licensee shall; 12 i) Reimburse such consumer up to the purchase price of the pet for services and 13 medications provided to such dog by any licensed veterinarian for the treatment of 14 such illness or congenital defect upon the presentation by such consumer to such 15 licensee of a certificate from such veterinarian that such dog suffers or suffered 16 from such illness or congenital defect. No licensee may require the consumer to 17 return such dog to such licensee to receive such reimbursement, or 18 ii) at the option of such consumer, replace the dog or refund in full the purchase price 19 of such dog. In the case of illness or such congenital defect, upon return of the dog 20 to the pet shop and the receipt of a certificate from a licensed veterinarian and 21 selected by the consumer, stating that the dog is ill from a condition which existed at 22 the time of sale, or suffers from such congenital defect, and in the case of death, the 23 receipt of a certificate from a licensed veterinarian and selected by the consumer, 24 stating that the dog died from an illness or a congenital defect which existed at the 25 time of sale. The presentation of such certificate shall be sufficient proof to claim 26 reimbursement or replacement and the return of such deceased dog to the pet shop 27 shall not be required. No such refund or replacement shall be made if such illness or 28 death resulted from maltreatment or neglect by a person other than the licensee or 29 such licensee’s agent or employee. 30 2) Each pet shop licensee who sells dogs shall post a statement of customer rights pursuant to 31 this section in a location that is readily visible to the public and also provide a copy of such 32 statement to any purchaser of a dog at the time of purchase. The agency shall prescribe the 33 content of such statement. Any statement of customer rights posted pursuant to this 34 section shall be printed in black lettering of not less than twenty-point size upon a white 35 background. 36 3) A licensee who violates any provision of this section shall forfeit to the state a sum not to 37 exceed five hundred dollars for each animal which is the subject of the violation. 38