Burbank Municipal Code Div. 8 Sale of Dogs and Cats

5-1-1439: PROHIBITION ON SALE OF DOGS OR CATS:

A. PROHIBITION. No pet shop shall display, sell, deliver, offer for sale, barter, auction, give away, broker or otherwise transfer or dispose of dogs or cats in the City of Burbank on or after the October 17, 2012, EXCEPT for dogs or cats obtained from:

1. a publically operated animal control facility or animal shelter;

2. a private, charitable, non-profit humane society or animal rescue organization; or

3. a publically operated animal control agency, non-profit humane society or non-profit animal rescue organization that operates out of or in connection with a pet store.

B. CERTIFICATE OF SOURCE. All pet shops shall be required to maintain a manifest listing the source of all animals as described above. Said manifest will be available upon request to animal control officers, law enforcement, code compliance officials or any other City employee charged with enforcing the provisions of this section, and shall also be submitted with any business permit application or renewal required by Section 5-1-402, et.seq. Failure to provide such documentation may result in the denial, suspension or revocation of the permit.

C. EXEMPTIONS FOR EXISTING PET SHOPS. Any Existing Pet Shop may continue to display, sell, deliver, offer for sale, barter, auction, give away or otherwise transfer or dispose of commercially bred dogs or cats for a period of six months from the effective date of this ordinance (through September 7, 2013), as long as the business remains in its current location AND under current ownership, provided all of the following conditions are met:

1. None of the animals are purchased through a distributor or broker;

2. All animals shall come from a USDA Class A licensed breeder who, at a minimum, meets all standards required under California law, including, but not limited to, the Polanco-Lockyer Pet Breeder Warranty Act; and

3. The name, address and license number of the breeder shall be posted on any enclosure in which the animal is housed with information on how the consumer can trace the origin of the animal;

D. OTHER EXEMPTIONS. This Section does not apply to:

1. A person or establishment other than a pet shop or pet shop operator that sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment, in accordance with the provisions of the Burbank Municipal Code;

2. A publicly operated animal control facility or animal shelter;

3. A private, charitable, nonprofit humane society or animal rescue organization; or

4. A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store.

E. ADOPTION OF SHELTER AND RESCUE ANIMALS. Nothing in this Article shall prevent a pet shop or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet shop for the purpose of adopting those animals to the public. [Added by Ord. No. 3836, eff. 3/8/13.]