Part 7 — SALE OF ANIMAL

It is unlawful for any person to display, sell, exchange, barter, or give away any cat or dog under eight (8) weeks of age, except to surrender the animal to an animal shelter or to an animal rescuer with a valid registration pursuant to Section 7.60.300. Proof of age of the dog or cat may be required by the administrator. Proof of age may include, but not be limited to, certification by a licensed veterinarian attesting to the animal's age.

(Ord. 28079.)

A.

It is unlawful for any person to display, sell, exchange, or barter any cat or dog over eight (8) weeks of age, unless the cat or dog has been immunized against common diseases. Dogs must be immunized against distemper and parvovirus. Cats must be immunized against panleukopenia.

B.

The seller of a cat or dog must provide 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 must 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/guardianship including treatment and medication.

(Ord. 28079.)

A.

Any person purchasing a cat or dog from a person required to be permitted or registered pursuant to this Title may, within five (5) days of such purchase, cause such animal to be examined by a veterinarian licensed by the State of California, 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 7.20.710.B, the purchaser may, within one (1) day of the examination, return such animal to the seller. When returned, such animal must be accompanied with a written statement of findings signed by the attending veterinarian stating the examination findings. Upon return of such animal for the reasons stated in this section, the seller must accept the returned animal and reimburse the purchaser for the cost of the animal.

B.

If the seller refuses to accept the returned animal or to reimburse the purchaser for the cost of the animal upon purchaser's offer to return it, the purchaser may file a complaint with the Santa Clara Superior Court stating a cause of action for violation of this section.

(Ord. 28079.)

A.

It is unlawful for any person, except an animal rescuer with a valid registration under Section 7.60.300, to display for sale, offer for sale, exchange, barter, or give away any animal except in the following locations:

An animal facility with a valid permit pursuant to Part 1 of Chapter 7.60;

A private residence; or

Agricultural shows or agricultural exhibits.

B.

An animal rescuer, with a valid registration under Section 7.60.300, may conduct a live animal sale or animal adoption event at a location other than an animal facility, private residence, or agricultural shows or agricultural exhibits if the animal rescuer complies with all of the following:

Obtains approval for the location of the event from the administrator and such approval must be based on the animal rescuer's ability to meet the criteria established by the administrator in conformity with and for the purpose of carrying out the intent of this title. The criteria, include, but is not be limited to, the animal rescuer's ability to:

a.

Provide the animals proper and adequate water, food, and shelter from the elements for the duration of the animal sale or animal adoption event; and

b.

Properly confine the animals to protect them from vehicular and pedestrian traffic and to maintain the health and safety of the public.

Reports the duration of the event, and the number of animals being offered for sale or adoption, to the administrator, at least seven (7) calendar days before the event; and

Displays the animal rescuer registration at the event in a prominent location such that any member of the public attending the event would be able to read the registration.

(Ord. 28079.)

It is unlawful for any person to raffle, give away, or otherwise offer for the purpose of a prize or fundraiser any live animal. The term "offer" includes when the live animal is redeemed at another location or time.

(Ord. 28079.)