Article I — IN GENERAL

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State Law reference— Cruelty to animals, Penal Code, § 597 et seq.

Sec. 4.1. - "Domestic animal" defined for purpose of sections 4.3 and 4.4.

As used in sections 4.3 and 4.4, the term "domestic animal" shall mean any goat, cow, horse, mule, burro or other domestic animal except dogs and cats.

No person shall transport or carry on any public highway or public roadway any animal in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a cab or container, secured cage, cross-tether, harness or other device that will prevent the animal from falling from, being thrown from, or jumping from the motor vehicle.

(Ord. No. 86-38, § 1, 10-8-86)

No person shall leave an animal in any unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health or welfare.

(Ord. No. 86-38, § 1, 10-8-86)

(a)

Definitions. For purposes of this chapter, the following definitions shall apply:

Animal shelter means a public animal shelter operated by any city or any county or other public agency or an entity operating under contract with any city or county or other public agency. Animal shelter shall also include a humane society or duly incorporated organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals.

Cat means an animal of the Felidae family of the order Carnivora.

Certificate of source means a document declaring the source of the dog or cat sold or transferred by the pet store. The certificate shall include the name and address of the source of the dog or cat.

Noncommercial breeding establishment means a person, firm, partnership, corporation or other entity that has sold, transferred or given away all or part of three (3) or fewer litters, or less than twenty (20) dogs, or less than twenty (20) cats during the preceding twelve (12) months that were bred and reared on the premises of the person, firm, partnership, corporation, or other association.

Dog means an animal of the Canidae family of the order Carnivora.

Existing pet store means any pet store or pet store operator that displays, sells, delivers, offers for sale, barters, auctions, gives away, leases, or transfers dogs or cats in the City of Oceanside on the effective date of this section, and is in compliance with all applicable provisions of the Oceanside City Code on the effective date of this section.

Pet store means a retail establishment open to the public and engaging in the business of offering dogs or cats for retail sale.

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

Retail sale includes to display, offer for sale, barter, auction, give away, lease, or transfer any dog or cat.

(b)

Prohibition. No pet store or pet store operator shall engage in the retail sale of dogs or cats on or after the effective date of the ordinance codified in this chapter unless: (1) the dog or cat was obtained by the pet store or pet store operator from an animal shelter; (2) the retail sale is authorized by subsection (c) of this section; or (3) one of the exemptions in subsection (d) of this section applies.

(c)

Existing pet stores. An existing pet store may continue to engage in the retail sale of dogs or cats until September 1, 2015.

(d)

Exemptions. This chapter does not apply to:

(1)

A person or establishment that sells, delivers, offers for sale, barters, auctions, gives away, leases or otherwise transfers or disposes of dogs or cats that were born and reared on the premises of the person or establishment;

(2)

A person or establishment that engages in the retail sale of dogs or cats that are obtained from a noncommercial breeding establishment.

(3)

A publicly operated animal shelter;

(4)

A private humane society or duly incorporated organization devoted to the rescue, care and adoption of stray, abandoned or surrendered dogs or cats;

(5)

A publicly operated animal shelter, humane society, or duly incorporated organization devoted to the rescue, care and adoption of stray, abandoned or surrendered dogs or cats that operates out of or in connection with a pet store.

(e)

Retail sale of shelter and rescue animals. Nothing in this chapter shall prevent a pet store or pet store operator from providing space and appropriate care for dogs or cats owned by an animal shelter, or duly incorporated organization devoted to the rescue, care and adoption of stray, abandoned or surrendered dogs or cats and maintained at the pet store for the purpose of engaging in the retail sale of those animals.

(f)

Certificate of source. A pet store operator shall post and maintain in a conspicuous place, on or within three (3) feet of each dog's or cat's kennel, cage or enclosure, a certificate of source for each dog or cat offered for retail sale ensuring the dog or cat was obtained in full compliance with this chapter, and the pet store operator shall provide a copy of such certificate of source to the purchaser or transferee of any dog or cat.

(Ord. No. 15-OR0026-1, § 1, 1-21-2015)