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Agenda 10/08/2019 Item #12A (Proposed Pet Shop Ordinances)10/08/2019 EXECUTIVE SUMMARY Recommendation that the Board consider two proposed ordinances, one which would ban the sale of cats and dogs in pet shops, and the other which would regulate the sale of dogs in pet shops. OBJECTIVE: For the Board to consider two proposed ordinances related to the sale of cats and dogs in pet shops. CONSIDERATIONS: During the Board’s meeting of September 24, 2019, a public petition raised concerns about the sale of dogs in pet shops. Following the public petition, the Board directed that the County Attorney bring back two alternative ordinances for the Board to consider at a public hearing. One of the ordinances would ban the sale of cats and dogs in pet shops, and the alternative ordinance would regulate the sale of dogs in pet shops. Working with staff, the County Attorney prepared an ordinance that would ban the sale of cats and dogs in pet shops in unincorporated Collier County. The ordinance is based on an ordinance from the City of Palm Beach Gardens which was upheld by the Circuit Court in Palm Beach County. To bolster the ordinance, I added a provision that would allow existing pet shops to continue the sale of cats and dogs for a period of six months from the enactment of the ordinance, with the thought being (1) I am advised that there may be one retail location, by appointment only, that falls within the ordinance, and (2) in any case, six months would allow any impacted owner the opportunity to sell off their entire existing inventory of cats and dogs. Animal services, humane societies, and 501(c)3 rescue organizations, as defined by the Collier County Animal Control Ordinance are exempt from the provisions of this proposed ordinance and may continue to use pet shops as adoption outlets. The alternative ordinance, wh ich Commissioner Saunders stated was given to him by Petland, regulates the sale of dogs in pet shops. I have not altered this proposed ordinance in any manner. If approved by the Board, I would cut and paste the language into a standard form Collier County ordinance, amending those portions which may conflict with existing State law or our current Domestic Animal Services ordinance. FISCAL IMPACT: None at this time. Should the Board wish to bring back one of these proposed ordinances for possible adoption, the estimated cost to advertise would be $500. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, with majority support required for approval. -JAK RECOMMENDATION: That the Board consider two proposed ordinances related to the sale of cats and dogs in pet shops. Prepared by: Jeffrey A. Klatzkow, County Attorney 12.A Packet Pg. 427 10/08/2019 ATTACHMENT(S) 1. Pet Shop Ordinance (DOCX) 2. Pet Retail (PDF) 12.A Packet Pg. 428 10/08/2019 COLLIER COUNTY Board of County Commissioners Item Number: 12.A Doc ID: 10374 Item Summary: ***This item to be heard no sooner than 9:30 a.m.*** Recommendation that the Board consider two proposed ordinances, one which would ban the sale of cats and dogs in pet shops, and the other which would regulate the sale of dogs in pet shops. Meeting Date: 10/08/2019 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 10/01/2019 2:25 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 10/01/2019 2:25 PM Approved By: Review: Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/01/2019 3:05 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/01/2019 3:07 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/01/2019 3:47 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/02/2019 10:53 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/08/2019 9:00 AM 12.A Packet Pg. 429 1 ORDINANCE NO. 2019 -____ 1 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 3 COLLIER COUNTY, FLORIDA, PROHIBITING THE RETAIL SALE OF 4 DOGS AND CATS IN PET SHOPS, AND AMENDING ORDINANCE NO. 5 2013-55, WHICH ESTABLISHED STANDARDS OF CARE FOR ANIMAL-6 RELATED BUSINESSES IN COLLIER COUNTY, BY REMOVING ALL 7 REFERENCES TO PET SHOPS; PROVIDING FOR PENALTIES; 8 PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR 9 INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, on September 24, 2013, the Board of County Commissioners (Board) 13 adopted Ordinance No. 2013-55, which established Standards of Care for animal-related 14 businesses (including pet shops), animal-related organizations, commercial breeders, non-15 commercial breeders, and rodeos in Collier County; and 16 17 WHEREAS, during the Board’s meeting of September 24, 2019, a public petition raised 18 concerns about the sale of dogs in pet shops, resulting in the Board holding a publicly noticed 19 hearing concerning the sale of dogs and cats in retail pet shop; and 20 21 WHEREAS, during the public hearing the Board heard testimony and received the 22 following evidence: 23 24 1. Hundreds of thousands of dogs and cats in the United States have been housed and bred 25 at substandard breeding facilities, known as “puppy mills” or “kitten factories,” that 26 mass-produce animals for sale to the public, many of which are sold in pet shops. 27 28 2. Cats and dogs that are bred in puppy mills or kitten factories often suffer from health, 29 social, and/or temperament problems that sometimes result in costly treatment or even 30 death. 31 32 3. In addition to the congenital and hereditary conditions resulting from substandard 33 breeding facilities, dogs and cats bred at these facilities may arrive in pet shops and 34 their new homes with giardia, parvovirus, and distemper, illnesses that can be 35 transmitted to healthy family animals. 36 37 4. While not all dogs and cats sold in retail pet shops are the product of inhumane breeding 38 conditions and not every commercial breeder selling dogs or cats to pet shops operates 39 puppy mills or kitten factories, these facilities continue to exist in part because of public 40 demand for the sale of dogs and cats in pet shops. 41 42 WHEREAS, the Board hereby finds that the prohibition of the retail sale of dogs and cats 43 in Collier County is in the best interest of the health, safety, and welfare of the residents and 44 citizens of Collier County, and the public at large, and will encourage pet consumers to adopt dogs 45 12.A.1 Packet Pg. 430 Attachment: Pet Shop Ordinance (10374 : Pet Shop Ordinance) 2 and cats from shelters, thereby saving animals’ lives and reducing the cost to the public of 46 sheltering animals. 47 48 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 49 COMMISSIONERS OF COLLIER COUNTY THAT: 50 51 SECTION ONE: Prohibition of the Sale of Dogs and Cats from Pet Shops. 52 53 No pet shop shall display, sell, trade, deliver, barter, lease, rent, auction, give away, 54 transfer, offer for sale or transfer, or otherwise dispose of dogs or cats within the County’s 55 unincorporated boundaries. For the purpose of this prohibition, pet shop means any retail 56 establishment, that sells or transfers, or offers for sale or transfer, dogs and/or cats, including 57 puppies and kittens, regardless of the age of the dog or cat. Animal services, humane societies, 58 and 501(c)3 rescue organizations, as defi ned by the Collier County Animal Control Ordinance 59 shall be exempt from the provisions of this Ordina nce. 60 61 SECTION TWO: Adoption of Shelter and Rescue Animals. 62 63 Nothing in this Ordinance shall prevent a pet s hop, its owner, operator, or employees from 64 providing space and appropriate care for animals at the pet s hop, so long as such animals are 65 owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit 66 animal rescue agency that is registered with the County, for the purpose of adopting those 67 animals to the public. 68 69 SECTION THREE: Penalties. 70 71 Any violations of this Ordinance may be prosecuted and shall be punishable as provided 72 by the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as 73 amended), and shall be subject to a fine or civil citation up to $500 per violation per day for 74 continuing repeating violations. The County may initiate a civil action in any court of competent 75 jurisdiction to enjoin any violation of this Ordinance. 76 77 SECTION FOUR: Amendment of Ordinance No. 2013-55. 78 79 Ordinance No. 2013-55, which established Standards of Care for animal-related businesses 80 (including pet shops), animal-related organizations, commercial breeders, non-commercial 81 breeders, and rodeos in Collier County, is hereby amended by removing any and all references to 82 pet shops, as defined by this Ordinance. 83 84 SECTION FIVE: Conflict and Severability. 85 86 In the event this Ordinance conflicts with any other ordinance of Collier County or other 87 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 88 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 89 separate, distinct and independent provision and such holding shall not affect the validity of the 90 remaining portion. 91 12.A.1 Packet Pg. 431 Attachment: Pet Shop Ordinance (10374 : Pet Shop Ordinance) 3 SECTION SIX: Inclusion in the Code of Law and Ordinances. 92 93 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 94 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or 95 relettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” 96 or any other appropriate word. 97 98 SECTION SEVEN: Effective Date. 99 100 This Ordinance shall become effective upon its filing with the Florida Department of State, 101 however, any pet shop that is lawfully operating as of the date of the adoption of this Ordinance 102 shall be permitted to continue its sales of dogs and cats for a period of time not to exceed one 103 hundred eighty (180) days from the adoption date . 104 105 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 106 County, Florida, this ______ day of ________________, 2019. 107 108 109 ATTEST: BOARD OF COUNTY COMMISSIONERS 110 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA 111 112 113 By: _____________________________ By: ______________________________ 114 , Deputy Clerk William L. McDaniel, Jr., Chairman 115 116 117 118 119 120 Approved as to form and legality: 121 122 _______________________________ 123 Jeffrey A. Klatzkow, County Attorney 124 12.A.1 Packet Pg. 432 Attachment: Pet Shop Ordinance (10374 : Pet Shop Ordinance) 12.A.2 Packet Pg. 433 Attachment: Pet Retail (10374 : Pet Shop Ordinance) 12.A.2 Packet Pg. 434 Attachment: Pet Retail (10374 : Pet Shop Ordinance) 12.A.2 Packet Pg. 435 Attachment: Pet Retail (10374 : Pet Shop Ordinance) 12.A.2 Packet Pg. 436 Attachment: Pet Retail (10374 : Pet Shop Ordinance)