Del Mar Municipal Code Ch. 4.09 Retail Sale of Dogs, Cats and Rabbits

A. It is the purpose and intent of the City Council to promote animal welfare and encourage best practices in the breeding and purchasing of dogs, cats and rabbits if offered for retail sale in the City.

(Ord. No. 929, § 1(Exh. A), 8-7-2017)

For the purposes of this Chapter only, the following words and terms shall be deemed to mean and be construed as follows:

A. Certificate of Source shall mean any document from the source city or county animal shelter or animal control agency, humane society, or non-profit rescue organization declaring the source of the dog, cat or rabbit on the premises of the pet shop, retail business, or other commercial establishment.

B. Commercial Establishment shall mean any business, including a sole proprietorship engaged in retail or wholesale commerce related to dogs, cats or rabbits, including grooming parlors, canine day care, and pet boarding facilities.

C. Non-Profit Rescue Organization shall mean any California non-profit corporation that is exempt from taxation under Internal Revenue Code Section 501(c)(3), whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats or rabbits; or any non-profit organization that is not exempt from taxation under Internal Revenue Code Section 501(c)(3), but is currently an active rescue partner with City of Del Mar or County of San Diego shelter or humane society, whose mission is, in whole or in significant part, the rescue and placement of dogs, cats or rabbits.

(Ord. No. 929, § 1(Exh. A), 8-7-2017)

A. It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog, cat or rabbit in any pet shop, retail business, or other commercial establishment located in the City, unless the dog, cat or rabbit was obtained from a city or county animal shelter or animal control agency, a humane society, or a non-profit rescue organization. All pet shops, retail businesses, or other commercial establishments selling dogs, cats or rabbits shall maintain a certificate of source for each animal offered for sale and make it available upon request to animal control officers, law enforcement, code enforcement officials, or any other City employee charged with enforcing the provisions of this Section.

(Ord. No. 929, § 1(Exh. A), 8-7-2017)

The provisions of this Chapter shall not apply to the following:

A. The display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats or rabbits from the premises on which they were born and reared.

B. An animal control enforcement agency or animal shelter.

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

D. A publicly operated animal shelter, nonprofit animal humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store, which has received approval from the City to display, offer for sale, deliver, barter, auction, give away, transfer, or sell dogs, cats or rabbits, on a finding by the City that allowing the exemption is consistent with the intent and purpose of this Chapter. The approval and finding shall be made by the City Manager subject to appeal to the City Council pursuant to the process set forth in Chapter 1.12 of this Code or such other procedure specified by the City Council.

(Ord. No. 929, § 1(Exh. A), 8-7-2017)

Nothing in this Section shall prevent the owner, operator, or employees of a pet shop, retail business, or other commercial establishment located in the City from providing space and appropriate care for animals owned by a city or county animal shelter or animal control agency, humane society, or non-profit rescue organization and maintaining those animals at the pet shop, retail business, or other commercial establishment for the purpose of public adoption.

(Ord. No. 929, § 1(Exh. A), 8-7-2017)

Enforcement of this Chapter shall be pursuant to Chapter 1.08 of this Code.

(Ord. No. 929, § 1(Exh. A), 8-7-2017)