§ 10-18. Requirements for sales of dogs and cats; definitions; permitted sources; certificate of source; penalties.

(a)

Definitions. For purposes of this section, the following words, terms, and phrases shall have the following meanings:

(1)

Animal rescue organization means a humane society, animal welfare society, society for the prevention of cruelty to animals, or other such not-for-profit corporation or other legal entity devoted to the welfare, protection, and humane treatment of dogs, cats, or other animals that is duly registered with the Florida Department of State and the Florida Department of Agriculture and Consumer Services, as applicable, and with the appropriate authority in the jurisdiction in which the not-for profit legal entity is headquartered.

(2)

Breeder means any person or entity that causes dogs or cats to reproduce, regardless of the size or number of litters produced. However, this definition shall not apply to a pet owner who breeds his or her own pet and keeps all of the offspring, so long as the total number of animals does not exceed the maximum number set forth in section 10-16.

(3)

Cat means an animal of any age of Felis catus.

(4)

Dog means an animal of any age of the Canis lupus familiaris or resultant hybrids.

(5)

Pet dealer means any person that, in the ordinary course of business, engages in the sale to the public of more than two litters, or 20 dogs or cats, regardless of number per year, whichever is greater. This classification shall include pet shops as well as breeders who sell directly to the consumer. Animal rescue organizations and hobby breeders shall be exempt from this classification.

(6)

Pet shop means a retail establishment that, in the ordinary course of business, engages in the sale of dogs or cats.

(7)

Public animal shelter means a facility that is used for housing or containing dogs or cats or other animals and that is operated by or on behalf of a state, county, municipality, or other governmental entity.

(8)

Sale means the transfer of ownership in exchange for compensation or profit, including money, goods, and services. This definition shall not include adoption fees charged by an animal rescue organization.

(b)

Permitted sources. After December 31, 2014, pet dealers and pet shops shall not display, sell, trade, deliver, barter, lease, rent, auction, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the city, unless the pet dealer or pet shop certifies that the dog or cat comes from one of the following sources:

(1)

An animal rescue organization, as defined in this section, or

(2)

A public animal shelter, as defined in this section.

(c)

Certificate of source. A pet dealer or pet shop that obtains dogs or cats from a permitted source shall post conspicuously on the cage of each dog and cat:

(1)

Copy of a notarized affidavit of verification from the source from which the dog or cat was obtained. A copy of the certificate of source shall also be provided to the purchaser or transferee of any dog or cat.

(2)

The name and address of the source from which the dog or cat was obtained and date thereof.

(3)

A description of the dog or cat including species, breed, sex, color, and distinctive markings, physical condition and health, and age (if known), and

(4)

For each dog or cat receiving medical care while in the custody or control of the pet dealer or pet shop, the type of service rendered, date, and veterinarian's name.

(d)

Penalties. Any person who violates this section shall be subject to a fine of $250.00 per day per dog or cat for the first violation within a 12-month period, and a fine of $500.00 per day per animal for any subsequent violation within a 12-month period. The Miami Beach Police Department shall enforce the provisions set forth within this section.

(Ord. No. 2014-3860, § 1, 5-21-14)