Ontario Municipal Code Art. 4 Standard for Care and Treatment for Sale of Animals at Swap Meets

(a) For the purposes of this article, “vendor” shall include any person offering for sale an animal at a swap meet, flea market, or open-air market.

(b) For the purposes of this article, “sale” shall include any exchange for value, trade, or adoption, so long as a change in ownership of the animal occurs.

(§ 2, Ord. 3045, eff. April 14, 2016)

A vendor is charged with care and treatment of the animal offered for sale during transport to the site of sale, while the animal is present at the site of sale, and transport from the site of sale. In particular, a vendor must do all of the following:

(a) Maintain the facilities used for the keeping of animals in a sanitary condition.

(b) Provide proper heating and ventilation for the facilities used for the keeping of animals.

(c) Provide adequate nutrition for, and humane care and treatment of, all animals that are under the vendor’s care and control.

(d) Take reasonable care to release for sale, trade, or adoption only those animals that are free of disease or injuries.

(e) Provide adequate space appropriate to the size, weight, and species of animals.

(f) Have a documented program of routine care, preventative care, emergency care, disease control and prevention, and veterinary treatment and euthanasia that is established and maintained by the vendor in consultation with a licensed veterinarian employed by the vendor or a California-licensed veterinarian at least once a year.

(g) Provide buyers of an animal with general written recommendations for the generally accepted care of the type of animal sold, including recommendations as to the housing, equipment, cleaning, environment, and feeding of the animal. This written information shall be in a form determined by the vendor and may include references to Internet Web sites, books, pamphlets, videos, and compact discs.

(h) Present for inspection and display a current business license issued by the local jurisdiction where the animals are principally housed.

(i) Maintain records for identification purposes of the person from whom the animals offered for sale were acquired, including that person’s name, address, e-mail address, and telephone number and the date the animals were acquired.

(§ 2, Ord. 3045, eff. April 14, 2016)

This article shall be enforced by the City Manager, the Police Chief, the Humane Officer, the City Health Officer, or such other person as the Council or City Manager may designate.

(§ 2, Ord. 3045, eff. April 14, 2016)

(a) Any person who violates or fails to comply with any provision of this article shall be subject to any of the penalties and procedures set forth in Chapter 2 of Title 1 of the Municipal Code.

(b) The provisions and procedures concerning administrative citations set forth in Chapter 5 of Title 1 of the Municipal Code shall apply to any administrative citations issued for violations of this article. A violation of this article shall constitute a “transient” violation within the meaning of that chapter.

(§ 2, Ord. 3045, eff. April 14, 2016)