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HomeMy WebLinkAboutORD 6072CITY OF RENTON, WASHINGTON ORDINANCE NO. 6072 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 6-5 OF THE RENTON MUNICIPAL CODE TO ADD A NEW SECTION 6-5-4 PROHIBITING THE SALE, DELIVERY, AND MARKETING FOR SALE OF DOGS SOURCED FROM PUPPY MILLS, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 2023. WHEREAS, the federal Animal Welfare Act ("AWA" 7 U.S.C. Chapter 54) requires, among other things, the licensing of certain breeders of dogs. These breeders are required to maintain minimum health, safety, and welfare standards for animals in their care. The AWA is enforced by the United States Department of Agriculture ("USDA"); and WHEREAS, according to the Humane Society of the United States ("HSUS"), inspection records show that many USDA -licensed breeders breed dogs or cats in relatively inhumane conditions. These breeders are commonly referred to as "Puppy Mills." Documented problems of Puppy Mills include: over breeding, inbreeding, veterinary care that doesn't meet the same standards as other breeders, relatively poor quality of food and shelter, lack of human socialization, and overcrowded cages. Dogs bred in Puppy Mills are more likelyto have behavior and/or health problems; and WHEREAS, according to the American Society for the Prevention of Cruelty to Animals ("ASPCA"), fearful behavior and lack of socialization with humans and other animals are common characteristics of dogs from Puppy Mills and kittens from kitten factories; and WHEREAS, according to the Coalition Against Misery, hundreds of thousands of puppies are raised each year in commercial kennels. These puppies generally do not receive the same standard of care as provided by other breeders; and WHEREAS, according to HSUS, most pet store puppies come from Puppy Mills; and 1 ORDINANCE NO.6072 WHEREAS, HSUS advises that reputable breeders who care about the welfare of their dogs will welcome visits and inspections of their facilities and want the purchasers of their dogs to value the quality of care the breeder provides to the parents of that dog being sold; and WHEREAS, many pet stores that source their puppies from Puppy Mills or brokers that obtain dogs from Puppy Mills lack personal knowledge about the conditions of the facilities from which they are sourcing the dogs they sell; and WHEREAS, a lack of knowledge of the breeding conditions by sellers of dogs increases the likelihood that the dogs are sourced from Puppy Mills and leaves purchasers with no way of confirming that their purchase is not supporting a Puppy Mill; and WHEREAS, there are hundreds of thousands of Puppy Mills around the world that produce untold millions of puppies annually, while millions of dogs die in U.S. shelters each year. With rare exceptions, when consumers buy puppies from pet stores that do not have personal familiarity with their breeders and knowledge of the living conditions of their dogs' parents, there is a strong likelihood that consumers are supporting the Puppy Mill factory industry; and WHEREAS, in recognition of the importance of protecting animal welfare and to prevent and deter the proliferation of the Puppy Mill factory industry, the state of Washington enacted RCW 16.52.360 prohibiting new retail pet stores from selling dogs in Washington; and WHEREAS, RCW 16.52.360 does not prevent the sale of dogs sourced from Puppy Mills at preexisting retail pet stores nor does it prevent sales of such dogs through other means that support the Puppy Mill factory industry, such as those that advertise online or through classified ads and deliver to the City of Renton; and 2 ORDINANCE NO.6072 WHEREAS, the City Council finds that the sale of dogs sourced from Puppy Mills should be prohibited within the City of Renton, regardless of whether such sales are from physical retail stores or other means for selling and delivering dogs in the City; and WHEREAS, to prevent unwitting or hidden support for the Puppy Mill industry, the City Council finds that any person who sells a dog for amounts that may be used to support the Puppy Mill factory industry should be required to have personal knowledge of the breeding conditions of the dogs they are selling to assure the dogs they sell are not sourced from a Puppy Mill; and WHEREAS, this issue was originally referred to the City's Planning Commission for consideration of the adoption of zoning and land use controls to prevent the sale of dogs sourced from Puppy Mills; and WHEREAS, the City Council deems this ordinance a necessary exercise of its broader police powers to more broadly protect animal welfare and prevent the sale of dogs sourced from Puppy Mills throughout the City, regardless of what means and methods are used to market and deliver such dogs; and WHEREAS, to allow a time of transition for people who sell, market, or deliver dogs in Renton to adjust where they source dogs, if necessary, and to comply with the inspection and affidavit requirements of this ordinance, enforcement of the requirements herein will not commence until January 1, 2023; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. 3 ORDINANCE NO.6072 SECTION II. Chapter 6-5 of the Renton Municipal Code is amended to add a new Section 6- 5-4 to read as follows: 6-5-4 SALE OF DOGS SOURCED FROM PUPPY MILLS PROHIBITED: A. Definitions: For purposes of this Section, the following definitions apply: 1. BONA FIDE PROSPECTIVE BUYER: Any person who has a genuine interest in and meets the Dog Salesperson's objective qualification criteria to acquire a dog through a Dog Salesperson. A Dog Salesperson may not use qualification criteria that would violate anv state, local, or federal law. If a DoR Salesperson determines that an interested prospective buyer is not qualified or otherwise eligible to acquire a dog from the Dog Salesperson, the Dog Salesperson shall provide the interested prospective buyer their reason(s) for such determination in writing. 2. BREEDER: One or more persons that together (in agency, employment, partnership, or other contractual arrangement) keep, house, or breed dogs for the purpose of selling some or all of the dogs' puppies for a profit. 3. BREEDING FACILITY: All premises used by a single Breeder and their employees, agents, and business partners to keep, house, or breed dogs and/or their puppies. 4. DOG SALESPERSON: One or more persons that together (in agency, emolovment. DartnershiD. or other arrangement) markets for sale, delivers. or sel Is a dog in the City of Renton for more than one thousand dollars ($1,000). Unless otherwise specifically Drovided herein, if more than one Derson is en2a2ed together as a Dog Salesperson through the same partnership, business entity, or emolover. all such oersons shall be iointly and severally responsible for ensuri M ORDINANCE NO.6072 the partnership, business entity, or employer complies with all requirements of this 5. FINANCING AGREEMENT: An agreement in which the buyer agrees to terms to pav in full or in part after delivery for a doiz purchased or delivered within the City of Renton. 6. PERSON: Any person, individual, corporation, firm, association, joint venture, partnership, company, or any other entity whatsoever. 7. PUPPY MILL: A Breeding Facilitv that is operated by a Breeder with unhealthv or unsafe conditions, without adequate veterinary care, without adequate human interaction, or with practices in which the customers and ultimate buvers of doizs are not allowed to inspect the dogs' veterinary records and/or living conditions. For the purposes of this Section, any Breeding Facility that is operated by a Breeder within six (6) months of selling a dog in any one of the following conditions or ways is a Puppv Mill, unless the conditions are a result of specific instructions of a licensed doctor of veterinary medicine: a. More than fifty (50) dogs with intact sexual organs that are over the age of six (6) months are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder: b. More than ten (10) dogs with intact sexual organs over the age of six 6) months are kept at the Breeding Facilitv in an enclosure for the maioritv of the day, and the Breeder does not: 5 ORDINANCE NO.6072 and lie down; i. Provide space to allow each dog to turn about freely, to stand, sit, ii. Ensure that all dogs in enclosures are able to lie down while full extended without the dojz's head, tail, lejzs, face, or feet touching anv side of an enclosure and without touching any other dog in the enclosure when all dogs are IvinR down simultaneously: iii. Ensure the interior height of all enclosures are at least six inches 6") hijzher than the head of the tallest dog in the enclosure when it is in a normal standing position; iv. Ensure all enclosures are at least three (3) times the length and width of the longest doe in the enclosure, from tia of nose to base of tail and shoulder blade to shoulder blade; or v. Provide each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one 1) hour of exercise during each day to include either leash walkiniz or Riving the dog access to an area that allows the dog free mobility for the entire exercise riod, and does not include use of a cat mill, iennv mill, slat mill, or similar device unless prescribed by a doctor of veterinary medicine; c. Any dogs in the Breeding Facility are not provided regular care as recommended by a licensed and independent veterinarian who has its own private actice separate from the Breeder's business: 9 ORDINANCE NO.6072 d. The Breeder does not allow their customers who purchase dogs and those who purchase the dojzs from dealers or brokers to interview the Breeder and inspect the Breeding Facility; e. The Breeder fails to provide veterinarian records of purchased d and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog; f. Any dogs are kept in enclosures that fail to keep the dogs dry, otected from extreme temperatures and weather conditions, and/or clean; g_ Any dogs are kept in conditions that are not sanitary according to applicable local health regulations; h. Any dogs are kept in enclosures that are not well ventilated to minimize odors, drafts, ammonia levels, or to prevent moisture condensation; i. Any dogs are kept in areas that are not constructed and maintained to protect the dogs from injury; L Feces, hair, dirt, debris, and/or food waste is not removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors; k. Any dogs are kept in the same enclosure with other dogs that are not compatible, including any dog that is vicious or has an aggressive disposition; I. Anv female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes; 7 ORDINANCE NO.6072 m. Any puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate suaervisi n. Any dogs are not provided with easy and convenient access to adequate amounts of clean food and water or regularly cleaned and sanitized food and water receptacles; o. Any dogs are not provided at all times with readily accessible ble water that is not frozen and is free from debris; p. Any dogs younger than twelve (12) months or older than eight (8) years are used for breeding; � Any female dog is bred more than a maximum of six (6) litters in their lifetime; r. Any dogs are not provided with appropriate regular and frequent human interaction, including appropriate play, training, and petting. 8. SALES CONTRACT: An agreement that irrevocably binds a Person to purchase a dog for more than one -thousand dollars ($1,000). B. Duty of Dog Salesperson: No Dog Salesperson may sell, market for sale, or deliver a dog within the City of Renton for more than one thousand dollars ($1,000) unless such person first (i) personally confirms throuizh diligent investigation with reasonable certainty that the dog was not bred in a Puppy Mill, (ii) arranges with the Breeder to offer to give any Bona Fide Prospective Buyer an opportunity to interview the Breeder and inspect the Breeding Facility in which the dog was bred and (iii) obtains from the Breeder and provides conies thereof to the buver ORDINANCE NO.6072 complete veterinarian records of the dog and its mother. The inspection and interview required to be offered by (ii) may be conducted either in person at the Breeding Facilitv or through live video teleconference. C. Completion of Affidavits Affirminiz Dojzs Not Sourced From Puppv Mill Required: Prior to the earlier of marketing, selling, or delivering each dog within the Citv of Renton for compensation from a buver of more than one thousand dollars ($1,000), the Dog Salesperson shall: 1. Obtain from the dog's Breeder an affidavit that verifies by personal knowledge that each doiz was not bred in or sourced from a Puppv Mill: and 2. If the Dog Salesperson is not the Breeder, the Dog Salesperson shall rsonallv interview the Breeder, inspect the Breediniz Facilities, and complete an affidavit that verifies to the best of the Dog Salesperson's knowledge that each dog is not sourced from a Puppy Mill. If the Dog Salesperson is an entity or partnership and different individuals have the personal knowledge necessary to complete the reauired affidavit, more than one affidavit may be used to supply the reauired verifications. An individual employed by or partnering with the Dog Salesperson may rely upon affidavits provided to them by another em0ovee or partner of the Dog Salesperson so long as they have personally reviewed such affidavits prior to marketing, delivering, or selling each dog and thev believe in Rood faith that the affidavits are true and correct and that the dog was not sourced from a Puppy Mill. D. Affidavits To Be Provided to Bona Fide Prospective Buvers Prior To Purchase: A Dog Salesperson shall provide a copy of the affidavit(s) required by this Section to any Bona Fide Prospective Buyer prior to the earlier of delivery, finalizing 9 ORDINANCE NO.6072 a Sales Contract, or exchange of payment for the dog, regardless of whether the affidavit is reauested by the buver. Anv contract that does not allow a buver to oat out of purchasing a dog, without penalty or payment, after having a reasonable riod of time to reviewthe affidavits) shall be void and unenforceable aRainstthe E. Content of Affidavit(s): The affidavit(s) required by this Section shall be on a template that is preapproved by the City, retained by the Dog Salesperson for no less than two (2) vears after the dolz is sold, and include verifiable information that identifies the Breeder and Breeding Facilitv, and documents how the Derson siRni the affidavit knows the Breeding Facility is not a Puppy Mill. Collectively, the information included within the reauired affidavits shall include, at a minimum, the following: 1. The name of the dog's mother; 2. Name of Breeder, city and state of the Breeding Facility, and applicable state unified business identification number or business license number: 3. Dog Salesperson's name, city and state of primary place of business, Washington state unified business identification number, and Citv of Renton business license number; 4. If the Breeder is required to obtain a USDA license the license number(s for such Breeder; 5. The total number of dogs over the age of six (6) months with sexual organs intact that are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder as of the birthdav of the doiz beiniz sold/delivered: 10 ORDINANCE NO.6072 6. If the dog was acquired by the seller through a USDA Class B Dealer/Broker, the name, location, and USDA license number for such Dealer; 7. Confirmation that the Dog Salesperson has interviewed the Breeder (if the Dog Salesperson is not the Breeder) and inspected the dog's Breeding Facility with particular attention to each of the conditions that could cause it to be classified as a Puppv Mill and confirmed that no such conditions exist. The inspection and interview may be conducted either in person or through live video teleconference. Such interview and inspection shall have occurred within six (6 months of the day the doiz is sold, marketed for sale, or delivered: and S. Confirmation that the Breeder will allow any Bona Fide Prospective Buyer to interview the Breeder, inspect the Breeding Facilities, and obtain copies of the dog and its mother's complete veterinary records as required by this Section. F. Exceptions: Except for as provided below, this Section does not apply to the following persons: 1. A person selling a trained service or police dog; 2. A government agency; or 3. A government operated or contracted animal control facility or shelter. G. Information Posted on Enclosures Required: Any Dog Salesperson marketing a dog that is physically located within the City for compensation from a buyer of more than one thousand dollars ($1,000) shall include on any enclosure used to display each dog for sale the following: 1. The advertised price of such dog in dollars denoted with a $ symbol; 11 ORDINANCE NO.6072 2. Either a copy of the affidavit(s) required by this Section or a reference to availability of the affidavit upon request (e.g. "Affidavit(s) Affirming Dog Not Sourced From Puppy Mill Available Upon Request"); 3. Breeder name, city, and state; and 4. Breeder's USDA license number, if applicable. H. Financing Agreement Enforceability: No Person may require payment for a dog sold or delivered for more than one -thousand dollars ($1,000) within the City of Renton or take anv action to enforce a Financing Agreement prior to (i) the buyer receiving the affidavit(s) required by this Section, (ii) the buyer being offered an opportunity to interview the Breeder and inspect the dog's Breeding Facility and iii) the buver being provided complete veterinary records of the dog and its mother. I. Certain Agreements Prohibited: No Dog Salesperson may require a buyer or Bona Fide Prospective Buyer of a dog to: 1. Waive the requirements of this Section; or 2. Enter into a confidentiality agreement that would: a. Prevent or deter the buyer or Bona Fide Prospective Buyer from reporting information to a government a2encv that the buver or Bona Fide Prospective Buyer believe in good faith contains evidence that the Dog Salesperson and/or Breeder may have violated a law such government aRencv is responsible for enforcing; or b. Prevent or deter the buyer from providing honest public reviews of a Dog Salesperson's services so long as such reviews do not reveal legitimately legally 12 ORDINANCE NO.6072 protected trade secrets or private personal information in which there is no legitimate public interest. J. Penalty: Any Person who violates this Section shall be guilty of a misdemeanor. Any business found to violate this Section shall be subject to having its business license revoked pursuant to the provisions of Title V of the Renton Municipal Code, regardless of whether such business is first convicted of a crime under this Section. SECTION III. The template affidavits attached as Attachment A to this ordinance are approved for use pursuant to RMC 6-5-4. The templates, or substantively equivalent templates approved by the Mayor or their designee, shall be retained in the Office of the City Clerk and should be posted on the City's website or otherwise freely distributed to any person who wishes to market, deliver, or sell a dog within the City of Renton for more than $1,000. SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. SECTION V. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION V. This ordinance shall be in full force and effect on January 1, 2023. No later than five (5) days prior to such effective date, a summary of this ordinance consisting of its title shall be published in the City'sofficial newspaper. 13 ORDINANCE NO. 6072 PASSED BY THE CITY COUNCIL this 111h day of July, 2022. Ja APPROVED BY THE MAYOR this this 111h day of July, 2022. Approved as to form: Shane Moloney, City Attorney Date of Publication: 7 14(2022(Summary) ORD:2210:6/15/22 A. Setif, City Clerk 14 ORDINANCE NO.6072 ATTACHMENT A TEMPLATE AFFIDAVITS 15 ORDINANCE NO. 6072 AFFIDAVIT AFFIRMING DOG NOT SOURCED FROM PUPPY MILL (Breeder — including Breeder who is also a Dog Salesperson) I, the undersigned, being duly sworn, hereby affirm the following is true and correct to my personal knowledge: 1. My name is herein. 2. 1 am a breeder in the following capacity: and I am the Breeder of the Dog described ❑ In my personal capacity, not for an employer or separate legal entity ❑ In my capacity as an employee or owner of: Legal Business name: Breeding Facility city and state: Applicable state unified business identification number or business license number: USDA license number, if applicable: City of Renton business license number (if operating in Renton): 3. The dog (hereinafter "the Dog"] is described as follows: a. Dog's Name: b. Dog's microchip number, if applicable: c. Dog's Breed: d. Dog's Color: e. Dog's Birthdate: f. Dog's Mother's Name: 4. 1 have personal knowledge that the Dog and its mother where kept, housed, and bred in a Breeding Facility that is operated in a manner that satisfies all conditions listed in the attached Exhibit A, and such premises were not a Puppy Mill as defined by the City of Renton in RMC 6-5-4, which is attached as Exhibit B. Affidavit (Breeder) — Page 1 5. 1 will allow any Bona Fide Prospective Buyer to interview me and inspect the Breeding Facility prior to the Bona Fide Prospective Buyer entering a binding Sales Contract or committing to transfer funds for the Dog. Such interview and inspection may be conducted either in person at the Breeding Facility or through live video teleconference. 6. As of the Dog's birthdate, the total number of dogs over the age of six (6) months with sexual organs intact that I own, possess, or control and/or are kept at the Breeding Facility (whichever is greater) was: 7. Pursuant to RMC 6-5-4, the Dog's and its mother's full veterinary and vaccination records have been provided to the Dog Salesperson or will be provided to any Bona Fide Prospective Buyers of the Dog. Signature of Affiant Printed Name of Affiant Date Signed Affidavit (Breeder) — Page 2 Individual form of acknowledgement: STATE OF COUNTY OF On this day of , 20 , before me, a Notary Public in and for the State of duly commissioned and sworn, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be a free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunder set my hand and official seal the day and year first written above. Signature Print or Type Name NOTARY PUBLIC in and for the State of My commission expires Affidavit (Breeder) — Page 3 EXHIBIT A AFFIDAVIT AFFIRMING DOG NOT SOURCED FROM PUPPY MILL The Dog's Breeding Facility has at all times within the last six (6) months been operated by the Breeder in a way that all of the following conditions are met, except to the extent the Breeder was instructed by an independent licensed doctor of veterinary medicine to provide alternative healthy and safe conditions: 1. The Breeder and Breeding Facility never own, possess, or control more than forty- nine (49) dogs with intact sexual organs that are over the age of six (6) months at any time; 2. If the Breeder ever houses more than ten (10) dogs with intact sexual organs over the age of six (6) months are kept at the Breeding Facility in an enclosure for the majority of the day, the Breeder: a. Provides space to allow each dog to turn about freely, to stand, sit, and lie down; b. Ensures that all dogs in enclosures are able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously; c. Ensures the interior height of all enclosures are at least six inches (6") higher than the head of the tallest dog in the enclosure when it is in a normal standing position; d. Ensures all enclosures are at least three (3) times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade; and Affidavit (Breeder) — Page 4 e. Provides each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one (1) hour of exercise during each day to include either leash walking or giving the dog access to an area that allows the dog free mobility for the entire exercise period, and does not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine; 3. All dogs in the Breeding Facility are provided regular care as recommended by a licensed and independent veterinarian who has its own private practice separate from the Breeder's business; 4. The Breeder allows their customers who purchase dogs and those who purchase the dogs from dealers or brokers to interview the Breeder and inspect the Breeding Facility; 5. The Breeder provides veterinarian records of purchased dogs and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog; 6. All dogs are kept in clean enclosures that keep the dogs dry, protected from extreme temperatures and weather conditions, and/or clean; 7. All dogs are kept in conditions that are sanitary according to applicable local health regulations; 8. All dogs are kept in enclosures that are well ventilated to minimize odor, drafts, ammonia levels, or to prevent moisture condensation; 9. All dogs are kept in areas that are constructed and maintained to protect the dogs from injury; Affidavit (Breeder) — Page 5 10. Feces, hair, dirt, debris, and/or food waste is removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors; 11. Dogs are kept in the same enclosure with other dogs only if such dogs are compatible, and never together with any dog that is vicious or has an aggressive disposition; 12. No female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes; 13. No puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate supervision; 14. All dogs are provided with easy and convenient access to adequate amounts of clean food and water and regularly cleaned and sanitized food and water receptacles; 15. All dogs are provided at all times with readily accessible potable water that is not frozen and is free from debris; 16. No dogs younger than twelve (12) months or older than eight (8) years are used for breeding; 17. No female dog is bred more than a maximum of six (6) litters in their lifetime; 18. All dogs are provided with age appropriate regular and frequent human interaction, including play, training, and petting. Affidavit (Breeder) — Page 6 EXHIBIT B 6-5-4 SALE OF DOGS SOURCED FROM PUPPY MILLS PROHIBITED: A. Definitions: For purposes of this Section, the following definitions apply: 1. BONA FIDE PROSPECTIVE BUYER: Any person who has a genuine interest in and meets the Dog Salesperson's objective qualification criteria to acquire a dog through a Dog Salesperson. A Dog Salesperson may not use qualification criteria that would violate any state, local, or federal law. If a Dog Salesperson determines that an interested prospective buyer is not qualified or otherwise eligible to acquire a dog from the Dog Salesperson, the Dog Salesperson shall provide the interested prospective buyer their reason(s) for such determination in writing. 2. BREEDER: One or more persons that together (in agency, employment, partnership, or other contractual arrangement) keep, house, or breed dogs for the purpose of selling some or all of the dogs' puppies for a profit. 3. BREEDING FACILITY: All premises used by a single Breeder and their employees, agents, and business partners to keep, house, or breed dogs and/or their puppies. 4. DOG SALESPERSON: One or more persons that together (in agency, employment, partnership, or other arrangement) markets for sale, delivers, or sells a dog in the City of Renton for more than one thousand dollars ($1,000). Unless otherwise specifically provided herein, if more than one person is engaged together as a Dog Salesperson through the same partnership, business entity, or employer, all such persons shall be jointly and severally responsible for ensuring the partnership, business entity, or employer complies with all requirements of this Section. Affidavit (Breeder) — Page 7 5. FINANCING AGREEMENT: An agreement in which the buyer agrees to terms to pay in full or in part after delivery for a dog purchased or delivered within the City of Renton. 6. PERSON: Any person, individual, corporation, firm, association, joint venture, partnership, company, or any other entity whatsoever. 7. PUPPY MILL: A Breeding Facility that is operated by a Breeder with unhealthy or unsafe conditions, without adequate veterinary care, without adequate human interaction, or with practices in which the customers and ultimate buyers of dogs are not allowed to inspect the dogs' veterinary records and/or living conditions. For the purposes of this Section, any Breeding Facility that is operated by a Breeder within six (6) months of selling a dog in any one of the following conditions or ways is a Puppy Mill, unless the conditions are a result of specific instructions of a licensed doctor of veterinary medicine: a. More than fifty (50) dogs with intact sexual organs that are over the age of six (6) months are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder; b. More than ten (10) dogs with intact sexual organs over the age of six (6) months are kept at the Breeding Facility in an enclosure for the majority of the day, and the Breeder does not: i. Provide space to allow each dog to turn about freely, to stand, sit, and lie down; ii. Ensure that all dogs in enclosures are able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously; Affidavit (Breeder) — Page 8 iii. Ensure the interior height of all enclosures are at least six inches (6") higher than the head of the tallest dog in the enclosure when it is in a normal standing position; iv. Ensure all enclosures are at least three (3) times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade, or v. Provide each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one (1) hour of exercise during each day to include either leash walking or giving the dog access to an area that allows the dog free mobility for the entire exercise period, and does not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine; c. Any dogs in the Breeding Facility are not provided regular care as recommended by a licensed and independent veterinarian who has its own private practice separate from the Breeder's business; d. The Breeder does not allow their customers who purchase dogs and those who purchase the dogs from dealers or brokers to interview the Breeder and inspect the Breeding Facility; e. The Breeder fails to provide veterinarian records of purchased dogs and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog; f. Any dogs are kept in enclosures that fail to keep the dogs dry, protected from extreme temperatures and weather conditions, and/or clean; g. Any dogs are kept in conditions that are not sanitary according to applicable local health regulations; Affidavit (Breeder) — Page 9 h. Any dogs are kept in enclosures that are not well ventilated to minimize odors, drafts, ammonia levels, or to prevent moisture condensation; i. Any dogs are kept in areas that are not constructed and maintained to protect the dogs from injury; j. Feces, hair, dirt, debris, and/or food waste is not removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors; k. Any dogs are kept in the same enclosure with other dogs that are not compatible, including any dog that is vicious or has an aggressive disposition; I. Any female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes; m. Any puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate supervision; n. Any dogs are not provided with easy and convenient access to adequate amounts of clean food and water or regularly cleaned and sanitized food and water receptacles; o. Any dogs are not provided at all times with readily accessible potable water that is not frozen and is free from debris; p. Any dogs younger than twelve (12) months or older than eight (8) years are used for breeding; q. Any female dog is bred more than a maximum of six (6) litters in their lifetime; r. Any dogs are not provided with appropriate regular and frequent human interaction, including appropriate play, training, and petting. Affidavit (Breeder) — Page 10 8. SALES CONTRACT: An agreement that irrevocably binds a Person to purchase a dog for more than one -thousand dollars ($1,000). B. Duty of Dog Salesperson: No Dog Salesperson may sell, market for sale, or deliver a dog within the City of Renton for more than one thousand dollars ($1,000) unless such person first (i) personally confirms through diligent investigation with reasonable certainty that the dog was not bred in a Puppy Mill, (ii) arranges with the Breeder to offer to give any Bona Fide Prospective Buyer an opportunity to interview the Breeder and inspect the Breeding Facility in which the dog was bred and (iii) obtains from the Breeder and provides copies thereof to the buyer complete veterinarian records of the dog and its mother. The inspection and interview required to be offered by (ii) may be conducted either in person at the Breeding Facility or through live video teleconference. C. Completion of Affidavits Affirming Dogs Not Sourced From Puppy Mill Required: Prior to the earlier of marketing, selling, or delivering each dog within the City of Renton for compensation from a buyer of more than one thousand dollars ($1,000), the Dog Salesperson shall: 1. Obtain from the dog's Breeder an affidavit that verifies by personal knowledge that each dog was not bred in or sourced from a Puppy Mill; and 2. If the Dog Salesperson is not the Breeder, the Dog Salesperson shall personally interview the Breeder, inspect the Breeding Facilities, and complete an affidavit that verifies to the best of the Dog Salesperson's knowledge that each dog is not sourced from a Puppy Mill. If the Dog Salesperson is an entity or partnership and different individuals have the personal knowledge necessary to complete the required affidavit, more than one affidavit may be used to Affidavit (Breeder) — Page 11 supply the required verifications. An individual employed by or partnering with the Dog Salesperson may rely upon affidavits provided to them by another employee or partner of the Dog Salesperson so long as they have personally reviewed such affidavits prior to marketing, delivering, or selling each dog and they believe in good faith that the affidavits are true and correct and that the dog was not sourced from a Puppy Mill. D. Affidavits To Be Provided to Bona Fide Prospective Buyers Prior To Purchase: A Dog Salesperson shall provide a copy of the affidavit(s) required by this Section to any Bona Fide Prospective Buyer prior to the earlier of delivery, finalizing a Sales Contract, or exchange of payment for the dog, regardless of whether the affidavit is requested by the buyer. Any contract that does not allow a buyer to opt out of purchasing a dog, without penalty or payment, after having a reasonable period of time to review the affidavit(s) shall be void and unenforceable against the buyer. E. Content of Affidavit(s): The affidavit(s) required by this Section shall be on a template that is preapproved by the City, retained by the Dog Salesperson for no less than two (2) years after the dog is sold, and include verifiable information that identifies the Breeder and Breeding Facility, and documents how the person signing the affidavit knows the Breeding Facility is not a Puppy Mill. Collectively, the information included within the required affidavits shall include, at a minimum, the following: 1. The name of the dog's mother; 2. Name of Breeder, city and state of the Breeding Facility, and applicable state unified business identification number or business license number; Affidavit (Breeder) — Page 12 3. Dog Salesperson's name, city and state of primary place of business, Washington state unified business identification number, and City of Renton business license number; 4. If the Breeder is required to obtain a USDA license the license number(s) for such Breeder; 5. The total number of dogs over the age of six (6) months with sexual organs intact that are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder as of the birthday of the dog being sold/delivered; 6. If the dog was acquired by the seller through a USDA Class B Dealer/Broker, the name, location, and USDA license number for such Dealer; 7. Confirmation that the Dog Salesperson has interviewed the Breeder (if the Dog Salesperson is not the Breeder) and inspected the dog's Breeding Facility with particular attention to each of the conditions that could cause it to be classified as a Puppy Mill and confirmed that no such conditions exist. The inspection and interview may be conducted either in person or through live video teleconference. Such interview and inspection shall have occurred within six (6) months of the day the dog is sold, marketed for sale, or delivered; and 8. Confirmation that the Breeder will allow any Bona Fide Prospective Buyer to interview the Breeder, inspect the Breeding Facilities, and obtain copies of the dog and its mother's complete veterinary records as required by this Section. F. Exceptions: Except for as provided below, this Section does not apply to the following persons: 1. A person selling a trained service or police dog; 2. A government agency; or Affidavit (Breeder) — Page 13 3. A government operated or contracted animal control facility or shelter. G. Information Posted on Enclosures Required: Any Dog Salesperson marketing a dog that is physically located within the City for compensation from a buyer of more than one thousand dollars ($1,000) shall include on any enclosure used to display each dog for sale the following: 1. The advertised price of such dog in dollars denoted with a $ symbol; 2. Either a copy of the affidavit(s) required by this Section or a reference to availability of the affidavit upon request (e.g. "Affidavit(s) Affirming Dog Not Sourced From Puppy Mill Available Upon Request"); 3. Breeder name, city, and state; and 4. Breeder's USDA license number, if applicable. H. Financing Agreement Enforceability: No Person may require payment for a dog sold or delivered for more than one -thousand dollars ($1,000) within the City of Renton or take any action to enforce a Financing Agreement prior to (i) the buyer receiving the affidavit(s) required by this Section, (ii) the buyer being offered an opportunity to interview the Breeder and inspect the dog's Breeding Facility and (iii) the buyer being provided complete veterinary records of the dog and its mother. I. Certain Agreements Prohibited: No Dog Salesperson may require a buyer or Bona Fide Prospective Buyer of a dog to: 1. Waive the requirements of this Section; or 2. Enter into a confidentiality agreement that would: a. Prevent or deter the buyer or Bona Fide Prospective Buyer from reporting information to a government agency that the buyer or Bona Fide Prospective Buyer believe in Affidavit (Breeder) — Page 14 good faith contains evidence that the Dog Salesperson and/or Breeder may have violated a law such government agency is responsible for enforcing; or b. Prevent or deter the buyer from providing honest public reviews of a Dog Salesperson's services so long as such reviews do not reveal legitimately legally protected trade secrets or private personal information in which there is no legitimate public interest. J. Penalty: Any Person who violates this Section shall be guilty of a misdemeanor. Any business found to violate this Section shall be subject to having its business license revoked pursuant to the provisions of Title V of the Renton Municipal Code, regardless of whether such business is first convicted of a crime under this Section. Affidavit (Breeder) — Page 15 ORDINANCE NO. 6072 AFFIDAVIT AFFIRMING DOG NOT SOURCED FROM PUPPY MILL (Dog Salesperson — non -breeder) I, the undersigned, being duly sworn, hereby affirm the following is true and correct to the best of my personal knowledge: 1. My name is , and I intend to [check all that apply] ❑market, ❑sell and/or ❑deliver the dog described herein within the City of Renton, Washington. 2. 1 intend to do so in the following capacity: ❑ In my personal capacity, not for an employer or separate legal entity ❑ In my capacity as an employee or owner of: Name: City and state of primary place of business: State of Washington unified business identification number: City of Renton business license number: 3. The dog (hereinafter "the Dog"] I intend to market, sell, and/or deliver is described as follows: a. Dog's Name: b. Dog's microchip number, if applicable: c. Dog's Breed: d. Dog's Color: e. Dog's Birthdate: f. Dog's Mother's Name: g. Dog's Breeding Facility name, city and state: h. Name, location, and license number of USDA Class B Dealer/Broker selling the Dog, if applicable: Affidavit (Dog Salesperson — non -breeder) — Page 1 4. Within the last six (6) months, I personally interviewed the Breeder and inspected the Dog's Breeding Facility. Based upon this background and the affidavit provided to me by the Breeder, I am satisfied that the Breeding Facility is operated in a manner that satisfies all conditions listed in the attached Exhibit A, and the Breeding Facility is not a Puppy Mill as defined in RMC 6-5-4, a copy of which is attached as Exhibit B. Signature of Affiant Printed Name of Affiant Date Signed Affidavit (Dog Salesperson — non -breeder) — Page 2 Individual form of acknowledgement: STATE OF COUNTY OF On this day of , 20 , before me, a Notary Public inand for the State of duly commissioned and sworn, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be a free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunder set my hand and official seal the day and year first written above. Signature Print or Type Name NOTARY PUBLIC in and for the State of My commission expires Affidavit (Dog Salesperson — non -breeder) — Page 3 EXHIBIT A AFFIDAVIT AFFIRMING DOG NOT SOURCED FROM PUPPY MILL The Dog's Breeding Facility has at all times within the last six (6) months been operated by the Breeder in a way that all of the following conditions are met, except to the extent the Breeder was instructed by an independent licensed doctor of veterinary medicine to provide alternative healthy and safe conditions: 1. The Breeder and Breeding Facility never own, possess, or control more than forty- nine (49) dogs with intact sexual organs that are over the age of six (6) months at any time; 2. If the Breeder ever houses more than ten (10) dogs with intact sexual organs over the age of six (6) months are kept at the Breeding Facility in an enclosure for the majority of the day, the Breeder: a. Provides space to allow each dog to turn about freely, to stand, sit, and lie down; b. Ensures that all dogs in enclosures are able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously; c. Ensures the interior height of all enclosures are at least six inches (6") higher than the head of the tallest dog in the enclosure when it is in a normal standing position; d. Ensures all enclosures are at least three (3) times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade; and Affidavit (Dog Salesperson — non -breeder) — Page 4 e. Provides each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one (1) hour of exercise during each day to include either leash walking or giving the dog access to an area that allows the dog free mobility for the entire exercise period, and does not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine; 3. All dogs in the Breeding Facility are provided regular care as recommended by a licensed and independent veterinarian who has its own private practice separate from the Breeder's business; 4. The Breeder allows their customers who purchase dogs and those who purchase the dogs from dealers or brokers to interview the Breeder and inspect the Breeding Facility; 5. The Breeder provides veterinarian records of purchased dogs and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog; 6. All dogs are kept in clean enclosures that keep the dogs dry, protected from extreme temperatures and weather conditions, and/or clean; 7. All dogs are kept in conditions that are sanitary according to applicable local health regulations; 8. All dogs are kept in enclosures that are well ventilated to minimize odor, drafts, ammonia levels, or to prevent moisture condensation; 9. All dogs are kept in areas that are constructed and maintained to protect the dogs from injury; Affidavit (Dog Salesperson — non -breeder) — Page 5 10. Feces, hair, dirt, debris, and/or food waste is removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors; 11. Dogs are kept in the same enclosure with other dogs only if such dogs are compatible, and never together with any dog that is vicious or has an aggressive disposition; 12. No female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes; 13. No puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate supervision; 14. All dogs are provided with easy and convenient access to adequate amounts of clean food and water and regularly cleaned and sanitized food and water receptacles; 15. All dogs are provided at all times with readily accessible potable water that is not frozen and is free from debris; 16. No dogs younger than twelve (12) months or older than eight (8) years are used for breeding; 17. No female dog is bred more than a maximum of six (6) litters in their lifetime; 18. All dogs are provided with age appropriate regular and frequent human interaction, including play, training, and petting. Affidavit (Dog Salesperson — non -breeder) — Page 6 EXHIBIT B 6-5-4 SALE OF DOGS SOURCED FROM PUPPY MILLS PROHIBITED: A. Definitions: For purposes of this Section, the following definitions apply: 1. BONA FIDE PROSPECTIVE BUYER: Any person who has a genuine interest in and meets the Dog Salesperson's objective qualification criteria to acquire a dog through a Dog Salesperson. A Dog Salesperson may not use qualification criteria that would violate any state, local, or federal law. If a Dog Salesperson determines that an interested prospective buyer is not qualified or otherwise eligible to acquire a dog from the Dog Salesperson, the Dog Salesperson shall provide the interested prospective buyer their reason(s) for such determination in writing. 2. BREEDER: One or more persons that together (in agency, employment, partnership, or other contractual arrangement) keep, house, or breed dogs for the purpose of selling some or all of the dogs' puppies for a profit. 3. BREEDING FACILITY: All premises used by a single Breeder and their employees, agents, and business partners to keep, house, or breed dogs and/or their puppies. 4. DOG SALESPERSON: One or more persons that together (in agency, employment, partnership, or other arrangement) markets for sale, delivers, or sells a dog in the City of Renton for more than one thousand dollars ($1,000). Unless otherwise specifically provided herein, if more than one person is engaged together as a Dog Salesperson through the same partnership, business entity, or employer, all such persons shall be jointly and severally responsible for ensuring the partnership, business entity, or employer complies with all requirements of this Section. Affidavit (Dog Salesperson — non -breeder) — Page 7 5. FINANCING AGREEMENT: An agreement in which the buyer agrees to terms to pay in full or in part after delivery for a dog purchased or delivered within the City of Renton. 6. PERSON: Any person, individual, corporation, firm, association, joint venture, partnership, company, or any other entity whatsoever. 7. PUPPY MILL: A Breeding Facility that is operated by a Breeder with unhealthy or unsafe conditions, without adequate veterinary care, without adequate human interaction, or with practices in which the customers and ultimate buyers of dogs are not allowed to inspect the dogs' veterinary records and/or living conditions. For the purposes of this Section, any Breeding Facility that is operated by a Breeder within six (6) months of selling a dog in any one of the following conditions or ways is a Puppy Mill, unless the conditions are a result of specific instructions of a licensed doctor of veterinary medicine: a. More than fifty (50) dogs with intact sexual organs that are over the age of six (6) months are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder; b. More than ten (10) dogs with intact sexual organs over the age of six (6) months are kept at the Breeding Facility in an enclosure for the majority of the day, and the Breeder does not: i. Provide space to allow each dog to turn about freely, to stand, sit, and lie down; ii. Ensure that all dogs in enclosures are able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously; Affidavit (Dog Salesperson — non -breeder) — Page 8 iii. Ensure the interior height of all enclosures are at least six inches (6") higher than the head of the tallest dog in the enclosure when it is in a normal standing position; iv. Ensure all enclosures are at least three (3) times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade, or v. Provide each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one (1) hour of exercise during each day to include either leash walking or giving the dog access to an area that allows the dog free mobility for the entire exercise period, and does not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine; c. Any dogs in the Breeding Facility are not provided regular care as recommended by a licensed and independent veterinarian who has its own private practice separate from the Breeder's business; d. The Breeder does not allow their customers who purchase dogs and those who purchase the dogs from dealers or brokers to interview the Breeder and inspect the Breeding Facility; e. The Breeder fails to provide veterinarian records of purchased dogs and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog; f. Any dogs are kept in enclosures that fail to keep the dogs dry, protected from extreme temperatures and weather conditions, and/or clean; g. Any dogs are kept in conditions that are not sanitary according to applicable local health regulations; Affidavit (Dog Salesperson — non -breeder) — Page 9 h. Any dogs are kept in enclosures that are not well ventilated to minimize odors, drafts, ammonia levels, or to prevent moisture condensation; i. Any dogs are kept in areas that are not constructed and maintained to protect the dogs from injury; j. Feces, hair, dirt, debris, and/or food waste is not removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors; k. Any dogs are kept in the same enclosure with other dogs that are not compatible, including any dog that is vicious or has an aggressive disposition; I. Any female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes; m. Any puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate supervision; n. Any dogs are not provided with easy and convenient access to adequate amounts of clean food and water or regularly cleaned and sanitized food and water receptacles; o. Any dogs are not provided at all times with readily accessible potable water that is not frozen and is free from debris; p. Any dogs younger than twelve (12) months or older than eight (8) years are used for breeding; q. Any female dog is bred more than a maximum of six (6) litters in their lifetime; r. Any dogs are not provided with appropriate regular and frequent human interaction, including appropriate play, training, and petting. Affidavit (Dog Salesperson — non -breeder) — Page 10 8. SALES CONTRACT: An agreement that irrevocably binds a Person to purchase a dog for more than one -thousand dollars ($1,000). B. Duty of Dog Salesperson: No Dog Salesperson may sell, market for sale, or deliver a dog within the City of Renton for more than one thousand dollars ($1,000) unless such person first (i) personally confirms through diligent investigation with reasonable certainty that the dog was not bred in a Puppy Mill, (ii) arranges with the Breeder to offer to give any Bona Fide Prospective Buyer an opportunity to interview the Breeder and inspect the Breeding Facility in which the dog was bred and (iii) obtains from the Breeder and provides copies thereof to the buyer complete veterinarian records of the dog and its mother. The inspection and interview required to be offered by (ii) may be conducted either in person at the Breeding Facility or through live video teleconference. C. Completion of Affidavits Affirming Dogs Not Sourced From Puppy Mill Required: Prior to the earlier of marketing, selling, or delivering each dog within the City of Renton for compensation from a buyer of more than one thousand dollars ($1,000), the Dog Salesperson shall: 1. Obtain from the dog's Breeder an affidavit that verifies by personal knowledge that each dog was not bred in or sourced from a Puppy Mill; and 2. If the Dog Salesperson is not the Breeder, the Dog Salesperson shall personally interview the Breeder, inspect the Breeding Facilities, and complete an affidavit that verifies to the best of the Dog Salesperson's knowledge that each dog is not sourced from a Puppy Mill. If the Dog Salesperson is an entity or partnership and different individuals have the personal knowledge necessary to complete the required affidavit, more than one affidavit may be used to Affidavit (Dog Salesperson — non -breeder) — Page 11 supply the required verifications. An individual employed by or partnering with the Dog Salesperson may rely upon affidavits provided to them by another employee or partner of the Dog Salesperson so long as they have personally reviewed such affidavits prior to marketing, delivering, or selling each dog and they believe in good faith that the affidavits are true and correct and that the dog was not sourced from a Puppy Mill. D. Affidavits To Be Provided to Bona Fide Prospective Buyers Prior To Purchase: A Dog Salesperson shall provide a copy of the affidavit(s) required by this Section to any Bona Fide Prospective Buyer prior to the earlier of delivery, finalizing a Sales Contract, or exchange of payment for the dog, regardless of whether the affidavit is requested by the buyer. Any contract that does not allow a buyer to opt out of purchasing a dog, without penalty or payment, after having a reasonable period of time to review the affidavit(s) shall be void and unenforceable against the buyer. E. Content of Affidavit(s): The affidavit(s) required by this Section shall be on a template that is preapproved by the City, retained by the Dog Salesperson for no less than two (2) years after the dog is sold, and include verifiable information that identifies the Breeder and Breeding Facility, and documents how the person signing the affidavit knows the Breeding Facility is not a Puppy Mill. Collectively, the information included within the required affidavits shall include, at a minimum, the following: 1. The name of the dog's mother; 2. Name of Breeder, city and state of the Breeding Facility, and applicable state unified business identification number or business license number; Affidavit (Dog Salesperson — non -breeder) — Page 12 3. Dog Salesperson's name, city and state of primary place of business, Washington state unified business identification number, and City of Renton business license number; 4. If the Breeder is required to obtain a USDA license the license number(s) for such Breeder; 5. The total number of dogs over the age of six (6) months with sexual organs intact that are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder as of the birthday of the dog being sold/delivered; 6. If the dog was acquired by the seller through a USDA Class B Dealer/Broker, the name, location, and USDA license number for such Dealer; 7. Confirmation that the Dog Salesperson has interviewed the Breeder (if the Dog Salesperson is not the Breeder) and inspected the dog's Breeding Facility with particular attention to each of the conditions that could cause it to be classified as a Puppy Mill and confirmed that no such conditions exist. The inspection and interview may be conducted either in person or through live video teleconference. Such interview and inspection shall have occurred within six (6) months of the day the dog is sold, marketed for sale, or delivered; and 8. Confirmation that the Breeder will allow any Bona Fide Prospective Buyer to interview the Breeder, inspect the Breeding Facilities, and obtain copies of the dog and its mother's complete veterinary records as required by this Section. F. Exceptions: Except for as provided below, this Section does not apply to the following persons: 1. A person selling a trained service or police dog; 2. A government agency; or Affidavit (Dog Salesperson — non -breeder) — Page 13 3. A government operated or contracted animal control facility or shelter. G. Information Posted on Enclosures Required: Any Dog Salesperson marketing a dog that is physically located within the City for compensation from a buyer of more than one thousand dollars ($1,000) shall include on any enclosure used to display each dog for sale the following: 1. The advertised price of such dog in dollars denoted with a $ symbol; 2. Either a copy of the affidavit(s) required by this Section or a reference to availability of the affidavit upon request (e.g. "Affidavit(s) Affirming Dog Not Sourced From Puppy Mill Available Upon Request"); 3. Breeder name, city, and state; and 4. Breeder's USDA license number, if applicable. H. Financing Agreement Enforceability: No Person may require payment for a dog sold or delivered for more than one -thousand dollars ($1,000) within the City of Renton or take any action to enforce a Financing Agreement prior to (i) the buyer receiving the affidavit(s) required by this Section, (ii) the buyer being offered an opportunity to interview the Breeder and inspect the dog's Breeding Facility and (iii) the buyer being provided complete veterinary records of the dog and its mother. I. Certain Agreements Prohibited: No Dog Salesperson may require a buyer or Bona Fide Prospective Buyer of a dog to: 1. Waive the requirements of this Section; or 2. Enter into a confidentiality agreement that would: a. Prevent or deter the buyer or Bona Fide Prospective Buyer from reporting information to a government agency that the buyer or Bona Fide Prospective Buyer believe in Affidavit (Dog Salesperson — non -breeder) — Page 14 good faith contains evidence that the Dog Salesperson and/or Breeder may have violated a law such government agency is responsible for enforcing; or b. Prevent or deter the buyer from providing honest public reviews of a Dog Salesperson's services so long as such reviews do not reveal legitimately legally protected trade secrets or private personal information in which there is no legitimate public interest. J. Penalty: Any Person who violates this Section shall be guilty of a misdemeanor. Any business found to violate this Section shall be subject to having its business license revoked pursuant to the provisions of Title V of the Renton Municipal Code, regardless of whether such business is first convicted of a crime under this Section. Affidavit (Dog Salesperson — non -breeder) — Page 15