National City Municipal Code Ch. 8.38 Retail Sales of Dogs, Cats and Rabbits

It is the purpose and intent of the city council in this chapter to promote animal safety and welfare, public health, safety and welfare, and encourage best practices in the acquiring of dogs, cats and rabbits offered for retail sale or adoption in the City of National City.

(Ord. No. 2019-2463, § 3, 4-21-2020)

For the purpose of this chapter, the following definitions shall apply:

"Animal rescue organization," means a nonprofit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and whose mission and practice is, in whole or in significant part, the rescue, care and adoption of dogs, cats and/or rabbits. The term does not include a breeder or broker for payment or compensation.

"Animal shelter," means a public animal shelter or control facility operated by any city, county or other public agency or an entity operating under contract with any city, county or other public agency for the purpose of protecting animals from cruelty, neglect or abuse.

"Breeder" means a person who owns or maintains dogs, cats, or rabbits for the purpose of breeding and selling their offspring for retail or wholesale or a person required to hold a class A license pursuant to the Animal Welfare Act, 7 U.S.C. § 2131, et seq.

"Broker" means a person who transfers dogs, cats, or rabbits for resale by another person and is required to hold a class B license by the United States Department of Agriculture pursuant to the Animal Welfare Act, 7 U.S.C. § 2131, et seq.

"Cat" means a Felis domesticus of either sex, altered or unaltered.

"Dog" means a Canis familiaris of either sex, altered or unaltered.

"Operator" means a person who owns or operates a retail pet store, or both, and/or who hires employees at a retail pet store or pet shop to engage in the retail sale of dogs, cats and/or rabbits.

"Pet shop" or "retail pet store" means any place or premises where birds, mammals or reptiles are kept for the purpose of either wholesale or retail sale, import, export, barter, exchange or gift.

"Rabbit" means an Oryctolagus cuniculus of either sex, altered or unaltered.

(Ord. No. 2019-2463, § 3, 4-21-2020)

A. A pet shop or retail pet store or its operator shall not sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat, dog, or rabbit except as provided in subsection B.

B. The provisions of subsection A shall not apply to:

1. A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society;

2. A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit;

3. The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or

4. Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores.

(Ord. No. 2019-2463, § 3, 4-21-2020)

A. Each pet shop or retail pet store shall maintain records sufficient to document the source of each dog, cat, or rabbit that the pet shop acquires for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to any police officer, code enforcement officer, animal control officer, humane law enforcement officer or other investigating official.

B. The city, county, or any investigating official shall have the right to enter the premises of any pet shop or retail pet store from time to time during regular business hours to conduct reasonable inspections to ensure and verify compliance with this chapter. No person shall refuse to permit or interfere with a lawful inspection of any pet shop or retail pet store by city or county investigating officials.

(Ord. No. 2019-2463, § 3, 4-21-2020)

A. A violation of any provision of this chapter or failure to comply with any requirement thereof shall be punishable as provided in Chapters 1.04, 1.08, and 1.12 of this code. Each event or transaction in which a dog, cat, or rabbit is sold or offered for sale in violation of this section shall constitute a separate offense.

B. Any person, operator, pet shop or retail pet store operating or conducting or maintaining a pet shop or retail pet store contrary to the provisions of this chapter and/or state and federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to the penalties proscribed in this section, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law.

C. The remedies and penalties provided in this section are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 2019-2463, § 3, 4-21-2020)