HomeMy WebLinkAbout2014 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,
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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