Chapter 6.32 — RETAIL SALES OF DOGS, CATS AND RABBITS

Editor's note— Ord. No. 2018-1467, § 2(Exh. A), adopted Oct. 9, 2018, amended Ch. 6.32 in its entirety to read as herein set out. Former Ch. 6.32, §§ 6.32.010—6.32.060, pertained to similar subject matter, and derived from Ord. No. 2016-1418, adopted Feb. 9, 2016.

It is the purpose and intent of this chapter to promote animal welfare and encourage best practices in the purchasing of dogs, cats and rabbits offered for retail sale in the City of San Marcos.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

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

(a)

Animal Shelter means a public animal shelter operated by any City, County or other public agency or an entity operating under contract with any City, County or other public agency.

(b)

Breeder means any breeder who owns breeding dogs, cats or rabbits, and who sells, provides or supplies the offspring for retail or wholesale.

(c)

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

(d)

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

(e)

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

(f)

Dealer means any third party broker, distributor, supplier, animal wholesaler, and/or other source who buys and sells dogs, cats and/or rabbits that were not born and raised at their facility.

(g)

Existing Retail Pet Store means any retail pet store or its operator that displays, offers for sale, delivers, barters, auctions, gives away, transfers, leases, or sells dogs, cats or rabbits in the City of San Marcos on the effective date of this chapter, and that is in compliance with all applicable provisions of the San Marcos Municipal Code on the effective date of this chapter.

(h)

Non-profit Rescue Organization means any non-profit corporation that is exempt from taxation under Internal Revenue Code Section 501(c)(3), whose mission and practice is, in whole or in significant part, the rescue, care and adoption of dogs, cats and/or rabbits; or any non-profit organization that is not exempt from taxation under Internal Revenue Code Section 501(c)(3), but is currently an active rescue partner with the City of San Marcos or any County of San Diego Animal Shelter or Humane Society, whose mission is, in whole or in significant part, the rescue, care and adoption of dogs, cats and/or rabbits.

(i)

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

(j)

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

(k)

Retail Pet Store means any for-profit establishment open to the public and located in a commercial zone or shopping center that is engaged in the retail sale of dogs, cats and/or rabbits.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

(a)

It is unlawful for any retail pet store or its operator to display, offer for sale, deliver, barter, auction, give away, transfer, lease, or sell any dog, cat or rabbit in the City of San Marcos that is purchased, supplied or otherwise obtained from any source other than those permitted by Section 6.32.040 of this chapter, including, but not limited to, from any dealer and/or breeder.

(b)

No permit or other applicable license or entitlement for use, including but not limited to, the issuance of a business license, building permit, conditional use permit, or other land use approval, shall be approved and/or issued for the establishment of any retail pet store within the jurisdiction of the City of San Marcos that would engage in the retail sale of dogs, cats and/or rabbits purchased, supplied or otherwise obtained from any dealer and/or breeder.

(c)

An existing retail pet store or its operator that displays, offers for sale, delivers, barters, auctions, gives away, transfers, leases, or sells any dog, cat or rabbit in the City of San Marcos, which was obtained from any source other than those permitted by Section 6.32.040 as of the effective date of the ordinance codified in this chapter, and whose operations comply with all applicable provisions of the San Marcos Municipal Code as of the effective date of the ordinance codified in this chapter, may continue to display, offer for sale, deliver, barter, auction, give away, transfer, lease, or sell any dog, cat or rabbit from sources other than those permitted by Section 6.32.040 for a period of six months following the effective date of the ordinance codified in this chapter. During the six-month grace period, the remaining provisions of this Chapter 6.32 shall apply to the existing retail pet store.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

Nothing in this chapter shall prevent a retail pet store or its operator from providing space and appropriate care for animals owned by or purchased directly from a publicly operated animal shelter or animal control enforcement agency, or a non-profit humane society or non- profit rescue organization, and maintained at the retail pet store for the purpose of adopting and/or selling those animals to the public.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

All retail pet stores permitted to engage in the sale of dogs, cats and/or rabbits pursuant to this chapter shall post in a conspicuous place on each dog, cat or rabbit kennel, cage or enclosure, a certificate of source for such animal ensuring the animal was obtained in full compliance with this chapter. The certificate of source, including the name and location of the source of the animal made under penalty of perjury, shall be retained on-site by the retail pet store for a period of at least three years following the purchase date of any animal, must be made available during business hours upon request to animal control, law enforcement, code enforcement official, or any other City employee charged with enforcing the provisions of this chapter, and a copy of the certificate shall be provided to the purchaser or transferee of any such dog, cat or rabbit retail pet store for the purpose of adopting and/or selling those animals to the public.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)

Notwithstanding any other provision of Chapter 6.32, the following shall not be considered a retail pet store and shall be exempt from the provisions of this chapter retail pet store for the purpose of adopting and/or selling those animals to the public.

(a)

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

(b)

A publicly operated animal shelter or animal control enforcement agency.

(c)

A non-profit humane society or non-profit rescue organization.

(d)

A publicly operated animal shelter or animal control enforcement agency, or a non-profit humane society or non-profit rescue organization that operates out of or in connection with a retail pet store.

(Ord. No. 2018-1467, § 2(Exh. A), 10-9-2018)