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2014 09 08 Other, Public Input Bryan Wilson Date: September 8, 2014 These documents were provided to the City by Mr. Bryan Wilson during "Public Input" at the September 8, 2014 City Commission Regular Meeting. September 8, 2014 Commissioner Cade Resnick City of Winter Springs 20 Harbor Winds Court Winter Springs, Florida 32708 Dear Commissioner Resnick: I am a resident of District 4. I have lived in Winter Springs for the past 16 years. I am writing about the possibility of the City of Winter Springs adopting an ordinance to restrict pet stores from selling dogs obtained from "puppy mills." Similar ordinances been adopted in the cities of Wellington and Lake Worth,as well as many cities in Broward and Miami-Dade counties. The ordinances help to prevent cruelty to animals and promote adoption.Animals sold in pet stores typically come from large-scale breeding facilities("puppy mills")where over-breeding, minimal veterinary care,and crowded cages are common. Importantly,the ordinances: • Allow local dog and cat breeders to continue to sell animals directly to the public. (Reputable breeders never sell puppies through a pet store and will insist on meeting the family who will be purchasing the dog or cat.) • Exempt public animal shelters and private animal rescue groups. Pet supply stores would be allowed to provide space for animals from shelters/rescue groups for the purpose of adoption. More than thousands homeless dogs and cats were killed at the Seminole County shelter in 2013.An ordinance would save animals' lives by encouraging people to adopt dogs and cats from shelters and rescue groups, and could reduce the cost to taxpayers of sheltering animals. I know Winter Springs is an animal-friendly community. I am convinced that city residents would appreciate such an ordinance.Would this be something that you would be interested in supporting? Please let me know(407-968-2400)if you would like to see the text of ordinances that have already been adopted in South Florida. I hope to hear from you soon. Thank you, n o o n n < < n ,c o Q n o n c). Q co o Q n o o. n o 0 Q a� , cp 0 0 0 0 o 0 - 3 0 0 0 o 0 0 0 0 o a o 0 -w -+. _.. cD CD -* cD 0 -y. -w o -w -" -% 0 0 a)• -0 r- 2 M o o 0 0 -" D 54. ~' 0 Z fn cr -0 (n Z K O 'o 7'. o '"� -� 0- 0) a) a) -^ -^ o -" fn < W p c o o c o n o al c n m n o 0 o m co ° a) a) `� t10 0D ° m m co co -n 0 o aa)) ^ n N 3 ,.,9: 1) M N n C , 0 0 cn 0 cD CO co CV 2 3 cc) O y o n o y o o cn Q- a J° ors a) 3. co) co) z- 0 as .‹ ° '1 c�D - W m o m ° rn �° ca W CD CD ... ° �: tD `°� -� n c� 0) 0- N n) a. 2 ' o B a) cu `a o tZ -. N 3 m- `C cD cc) 'C at C 0 CCD Co - N SD, cD 2 N n to V O W o "1 "1 -Na -� 0 N 0 ,.,, 0 NI OZ p -, o Oo .-s. -� -. O ` tv -, a) ty L N ) O =It ," PI N a N N .� =■' j °° o w `‹ o No = ° ° N = o No 0D o w N ° No " No N o •i , 4a F o �. CO O -ya O c0 N O� -a N ..a o N N `' O ^* co ... 4a tt 4a a) CDQ. 0 N n ■ a) 3 ff " II 0 ED, a D. ; ��.(' `V '^may �■ ay it- Z n c) = 0.) u) Of (71 I r) , x co 5 ..,,,,f. 1.. r` C y a. rID itc.;v. ,.�• -.4.aYom ' ililift0� - ` Q. O �.- w !"1, r iro, c.71 IF ZstIO* = n -- ,3�;1 m 3 iv, .rani 3 ntr N C �r1► rn 2 -d 1 ORDINANCE NO. 2012-03 2 3 AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, 4 FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF 5 ORDINANCES BY CREATING A NEW . SECTION 6-12, 6 ENTITLED"RETAIL SALE OF DOGS AND CATS;" PROVIDING 7 FOR CONFLICT; PROVIDING FOR INCLUSION IN THE CODE; 8 PROVIDING FOR SEVERABILITY; PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, according to the Humane Society of the United States, hundreds of 12 thousands of dogs and cats in the united States have been housed and bred at substandard 13 breeding facilities known as "puppy mills" or "kitten factories," that mass-produce animals for 14 sale to the public, many of which are sold at retail in pet stores; and 15 16 WHEREAS, because of the lack of proper animal husbandry practices at those facilities, 17 animals born and raised there are more likely to have genetic disorders and lack adequate 18 socialization, while breeding animals utilized there are subject to inhumane housing conditions 19 and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; 20 and 21 WHEREAS, while not all dogs and cats sold in retail pet stores are not the products of 22 inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet 23 stores operates"puppy mills" or"kitten factories,"the City Commission believes that puppy mills 24 and kitten factories continue to exist in part because of public demand and the sale of dogs and 25 cats in pet stores; and 26 27 WHEREAS, the City Commission believes that prohibiting the retail sale of dogs and 28 cats in the City will promote community awareness of animal welfare and, in turn, will foster a 29 more humane environment in the City; and 30 31 WHEREAS, the City Commission believes that the prohibition of the retail sale of dogs 32 and cats in pet stores in the City will also encourage pet consumers to adopt dogs and cats from 33 shelters, thereby saving animals'lives and reducing the cost to the public of sheltering animals. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 36 OF HALLANDALE BEACH,FLORIDA: 37 38 SECTION 1. Chapter 6, Article I, Animals, of the Code of Ordinances of the City of 39 Hallandale Beach, Florida, is amended to create Section 6-12, "Retail Sale of Dogs and Cats," 40 as follows: 1 ORD. NO. 2012-03 41 Section 6-12.Retail Sale of Dogs and Cats. 42 43 (1) Defnif/ons. For purposes of this section,the following definitions shall apply: 44 a. "Animal rescue organization" means a duly incorporated nonprofit organization 45 devoted to the rescue, care and adoption of stray, abandoned or surrendered 46 animals and which does not breed animals. 47 b. "Animal shelter" means a municipal or related public animal shelter or duly 48 incorporated nonprofit organization devoted to the rescue, care and adoption of 49 stray, abandoned or surrendered animals, and which does not breed animals. 50 c. "Cat"means an animal of the Fe lidae family of the order Camivora. 51 d. "Certificate of source" means a document declaring the source of origin of the 52 dog or cat sold or transferred or offered for sale or transfer.A certificate of source 53 shall include the name and address of the original source of the dog or cat and 54 license information If the original source breeder is licensed by the United States 55 Department of Agriculture and shall be signed by both the pet store certifying the 56 accuracy of the certificate and by the purchaser or transferee of the dog or cat 57 acknowledging receipt of the certificate. 58 e. "Dog'means an animal of the Canidae family of the Camivora. 59 f. "Pet store" means any retail establishment open to the public that sells or 60 transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of 61 the dog or cat(see also Pet Shop Chapter 6 Section 1). 62 g. "Pet store operator"means a person who owns or operates a pet store. 63 64 (2) Sale or transfer of dogs and/or cats. 65 No pet store shall.display, sell, trade, deliver, barter, lease, rent, auction, give away, 66 transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the City of 67 Hallandale Beach. 68 (3) Exemptions. This section does not apply to: 69 a. A person or pet store that sells, delivers, offers for sale, trades, barters, leases, 70 rents, auctions, gives away, or otherwise transfers or disposes of dogs and/or 71 cats that were bred and reared on property owned by and zoned for the person 72 or pet store. 73 b. An animal shelter. 74 C. An animal rescue organization. 75 d. An animal shelter or animal rescue organization that operates out of or in 76 connection with a pet store. 77 78 (4) Certificate of Source. 79 A pet store shall post and maintain, on or within three (3)feet of each dog's or cat's 80 kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale 81 or transfer, and shall provide a copy of such certificate to the purchaser or transferee 82 of any dog or cat sold or transferred. 83 84' (5) Violations—Enforcement. 85 a. Any person who violates this section shall be subject to the penalties set forth in 86 Section 9-5 of this Code of Ordinances. 87 b. Additionally,the City may initiate a civil action In a court of competent jurisdiction 88 to enjoin any violation of this section. 2 ORD. NO.2012-03 89 c. in addition to any other penalty, a pet store owner who is found to have falsified a 90 certificate of source shall pay $2,500.00 in damages to each recipient of such 91 falsified certificate. 92 SECTION 2. All ordinances or parts of ordinances and all resolutions or parts of 93 resolutions in conflict herewith are hereby repealed. 94 SECTION 3. It Is the intention of the City Commission that the provisions of this 95 Ordinance shall become and be made a part of the Hallandale Beach Code of Ordinances; and 96 that the sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" 97 may be changed to "section,' 'article," or such other appropriate word or phrase to accomplish 98 such intentions. 99 SECTION 4. In the event that any section or provision of this ordinance or any portion 100 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be 101 invalid, such decision shall not affect the validity of the remainder hereof as a whole or part 102 thereof other than the part declared to be invalid. 103 SECTION 5. This Ordinance shall become effective immediately upon passage by the 104 City Commission on second reading. 105 106 PASSED AND ADOPTED on 1't reading April 4,2012. 107 PASSED AND ADOPTED on 2"d reading April 18, 2012. 108 109 110 1t k� ./1 ------ 111 ':' ` OMM Sl•r ER 112 113 t 114 ATTEST: 115 / . '• 116 117 1i g 119 CI Y •'ERK �. � V9TE AY 120 APPROVED AS TO LEGAL SUFFICIENCY Mayor Cooper 121 FORM WA Mayor Sanders _c;J -'— 122 Comm.Lowy 123 Comm.London ✓ V Comm.Roes _.. 124 ,. Aw�.��J LoaNA 125 V.4 NN WHITFIELD 126 CITY ATTORNEY 3 ORD. NO. 2012-03 1 ORDINANCE NO. 2014-02 2 3 AN ORDINANCE OF WELLINGTON, FLORIDA'S 4 COUNCIL, AMENDING CHAPTER 14 OF THE CODE OF 5 ORDINANCES BY CREATING A NEW SECTION 14-2, 6 ENTITLED "RETAIL SALE OF DOGS AND CATS/ 7 PROHIBITION OF PUPPY AND KITTEN MILLS"; 8 PROVIDING FOR CONFLICT; PROVIDING FOR 9 CODIFICATION; PROVIDING FOR SEVERABILITY; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, according to the Humane Society of the United Stated, hundreds of 13 thousands of dogs and cats in the United States have been housed and bred at 14 substandard breeding facilities, known as "puppy mills" or "kitten factories," that mass- 15 produce animals for sale to the public, many of which are sold in pet stores; and 16 17 WHEREAS, cats and dogs that are bred in puppy mills or kitten factories often 18 suffer from health, social and/or temperament problems that sometimes result in costly 19 treatment or even death; and 20 21 WHEREAS, in addition to the congenital and hereditary conditions resulting from 22 substandard breeding facilities, dogs and cats bred at these facilities may arrive in pet 23 stores and their new homes with giardia, parvovirus, and distemper, illnesses that can 24 be transmitted to healthy family animals; and 25 26 WHEREAS, while not all dogs and cats sold in retail pet stores are the product of 27 inhumane breeding conditions and not every commercial breeder selling dogs or cats to 28 pet stores operates "puppy mills"or"kitten factories,"these facilities continue to exist in 29 part because of public demand for the sale of dogs and cats in pet stores; and 30 31 WHEREAS, according to the Humane Society of the United States, Florida has 32 the highest number of consumer complaints submitted to the Humane Society and the 33 highest number of complaints about puppies purchased from pet stores; and 34 35 WHEREAS, prohibiting the retail sale of dogs and cats in the Village will promote 36 community awareness of animal welfare and will encourage pet consumers to adopt 37 dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the 38 public of sheltering animals. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE 41 VILLAGE OF WELLINGTON, FLORIDA: 42 43 SECTION 1: Chapter 14 of the Village of Wellington's Code of Ordinances is 44 amended to create Section 14-2, "Retail Sale of Dogs and Cats/Prohibition of Puppy 45 and Kitten Mills,"as follows: 46 • 1 2 3 Section 14-2. Retail Sale of Dogs and Cats. 4 5 (1) Definitions. For purposes of this section,the following definitions shall apply: 6 7 a. "Animal rescue organization" means a duly incorporated nonprofit organization 8 devoted to the rescue, care and adopting of stray, abandoned or surrendered 9 animals and which does not breed animals. 10 b. "Animal shelter" means a municipal or related public animal shelter or duly 11 incorporated nonprofit organization devoted to the rescue, care and adoption of 12 stray, abandoned or surrendered animals, and which does not breed animals. 13 c. "Cat" means an animal of the Felidae family of the order Camivora. 14 d. "Dog" means an animal of the Canidae family of the Carnivore. 15 e. "Pet store' means any retail establishment open to the public that sells or transfers, 16 or offers for sale or transfer, dogs and/or cats, regardless of the age of the dog or 17 cat. 18 f. "Pet store operator" means a person who owns or operates a pet store. 19 g. "Puppy or Kitten Mill' means a facility where dogs and cats are bred for the purpose 20 of selling them and where any two (2)of the following conditions are found to exist: 21 a. More than twenty (20) puppies (under the age of 12 weeks) or more than 22 twenty(20) kittens(under the age of 16 weeks) are kept at a single time; 23 b. No genetic(heredity)health testing appropriate for the breed is conducted; 24 c. No long-term (over one(1)year)guarantees are offered; 25 d. A single female is bred every cycle; 26 e. A single female is bred more than five (5)times; 27 f. There are no records of the dogs'or cats'parents; 28 g. More than eight (8) dogs or kittens are kept in a single enclosure For 29 purposes of this ordinance, the space requirements for dogs and cats/kittens 30 shall comply with Section 4-23(h)((3)(d)(1)(D)(i) though (vii) and 4- 31 23(h)(3)(d)(1)(E)(i)(a)-(b) of the Palm Beach County Code of Ordinances 32 known as the Palm Beach County Animal Care and Control Ordinance of 33 1998. 34 35 (2) Puppy.and Kitten mills. 36 37 It shall be unlawful for any person or entity to establish, operate or maintain a puppy or 38 kitten mill in the Village of Wellington. 39 40 (3) Sale or transfer of dogs and/or cats. 41 42 No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, 43 transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the Village of 44 Wellington. 45 46 (4) Exemptions. This section does not apply to: 47 48 a. A person that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, 49 gives away, or otherwise transfers or disposes of dogs and/or cats that were bred 50 and reared on property owned by the person 1 b. An animal shelter. 2 c. An animal rescue organization. 3 d. An animal shelter or animal rescue organization that operates out of or in connection 4 with a pet store. 5 6 (5) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store 7 or its owner, operator or employees from providing space and appropriate care for 8 animals owned by an animal shelter or animal rescue organization and maintained at the 9 pet store for the purpose of adopting those animals to the public. 10 11 (6) Violations—Enforcement. 12 a. Any person who violates this section shall be subject to penalties set forth in 13 Section 1-12 of this Code of Ordinances. 14 b. Additionally, the Village may initiate a civil action in a court of competent 15 jurisdiction to enjoin any violation of this section. 16 17 SECTION 2. Should any section, paragraph, sentence, clause, or phrase of this 18 Ordinance conflict with any section, paragraph, clause or phrase of any prior Wellington 19 Ordinance, Resolution, or Municipal Code provision; then in that event the provisions of this 20 Ordinance shall prevail to the extent of such conflict. 21 SECTION 3: Should any section, paragraph, sentence, clause, or phase of this 22 Ordinance be declared by a court of competent jurisdiction to be invalid, such decision 23 shall not affect the validity of this Ordinance as a whole or any portion or part thereof, 24 other than the part so declared to be invalid. 25 26 SECTION 4: This Ordinance shall become effective immediately upon adoption 27 of the Wellington Council following second reading. 28 29 PASSED this 14th day of January, 2014 upon first reading. 30 31 PASSED AND ADOPTED this 28th day of January, 2014, on second and final 32 reading. 33 34 WELI.IrTON 35 (` � Fora AGAINST 36 BY: �.3J • r.r 37 BQp MargpI sMayor-... -) 4 39 ;:� , , 40 " Howard 1<'4oates, Jr., Vice Mayor 41 42 43 Matt Wilihite, Councilman 44 46 Anne Ge wig, Councilwoman 48 `. ..� - ( ;r r�.� . 49 John Greene, Councilman 1 2 ATTEST: 3 . ' 4 BY: / • ' • - 5 Awilda Rodriguez, Clerk () 6 7 8 APPROVED AS TO FORM AND 9 LEGAt SUFFJCIENCY 10 11 BY: zr; I . 12 Laurie S. Cohen, Village Attorney 13 14 15 16 17 18 19 WADcparimentaxgaRORDINANCES1Ordinanoc No (Retail Sale of Dogs and Cats).docx