Morgan Hill Municipal Code Ch. 6.16 Sale of Animals

It is unlawful for any person to display for sale, offer for sale, exchange, barter or give away any animal except in the following places:

A. Pet shop, commercial kennel, private kennel, pet grooming parlor, animal menagerie, animal shelter or horse establishment, which have a valid permit;

B. Private residence.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

No person or establishment shall display, sell, exchange, barter or give away any cat or dog under eight weeks of age, except as a surrender to a licensed animal shelter. Proof of age of the dog or cat may be required by the administrator. Proof of age may include, but not be limited to, a certification by a licensed veterinarian attesting to the animal's age.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

All cats or dogs over eight weeks age, before they are sold, must be immunized against common disease, in the case of dogs against distemper; in the case of cats against panleukopenia. The seller of a dog or cat shall provide to the buyer at the time of sale a signed statement from the seller attesting to the date of vaccination and the seller's knowledge of the animal's health. Such statement shall also include the animal's immunization history, and the record of any known disease, sickness or internal parasites that the animal is afflicted with at the time of transfer of ownership, including treatment and medication.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

A. Any person purchasing a dog or cat from a person or establishment required to be licensed or registered pursuant to this title may, within five days of such purchase, cause such animal to be examined by a veterinarian licensed by the state, and, if such examination reveals clinical signs of a contagious or infectious disease or serious congenital defects, not otherwise disclosed to the purchaser as required by Section 6.16.030 of this chapter, the purchaser may, within one day of the examination, return such animal to the seller. When returned, such animal must be accompanied with a certificate signed by the examining veterinarian stating examination findings. Upon return of such animal for the reasons stated in this section, the seller shall reimburse the purchaser for the cost of the animal.

B. If the seller refuses to reimburse the purchaser for the cost of the animal upon the purchaser's offer to return it, the purchaser may file a complaint with any judge of the municipal court stating a cause of action for violation of this section.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)