Definitions

For the purpose of this article, the following words and phrases shall have the meanings respectfully ascribed to them by this section:

Animal rescue organization: A not for profit organization devoted to the rescue, care, or adoption of stray, abandoned, injured, or surrendered animals and which does not breed animals.

Animal shelter: A public animal shelter or duly incorporated not for profit organization, operated as a bona-fide charitable organization under Section 501(c)(3) of the Internal Revenue Code, devoted to the rescue, care, or adoption of stray, abandoned, injured, or surrendered animals and which does not breed animals.

Breeder: Any person or entity that causes dogs or cats to reproduce regardless of the size or number of litters produced. Any person or entity offering male dogs or cats for stud purposes shall be classified as a breeder. It is provided, however, that this classification shall not apply to a hobby breeder as defined in this section or to a pet owner who breeds his or her own pet and keeps all of the offspring so long as the total number of dogs kept on the premises does not constitute a kennel. Any establishment used by a breeder for the breeding of dogs, except for a hobby breeder as defined in this section, shall be regulated as a kennel. Breeders that sell directly to the public shall also be subject to regulation as pet dealers.

Cat: An animal of the Felidae family of the order Carnivora.

Certificate of source: A document from the source declaring the origin of the dog or cat on the premises to be sold or transferred, or offered for sale or transfer, by the pet store. The certificate of source shall include, at minimum:

(1)

The name, address, telephone number, and electronic mail address of the source of the dog or cat;

(2)

A brief description of the dog or cat, the original source of the dog or cat, and license information if the original source breeder is licensed by the United States Department of Agriculture; and

(3)

Shall be signed by both the pet store certifying the accuracy of the certificate of source and by the purchaser or transferee of the dog or cat acknowledging receipt of the certificate of source.

Dog: An animal of the Canidae family of the order Carnivora.

Hobby breeder: A person or entity that is an active member of a national, state, or local breeder organization and that houses or breeds dogs or cats at or adjoining a private residence for the purpose of improving the breed; exhibiting dogs or cats at shows operated by a national, state, or local breeder organization; or raising service animals or animals used for law enforcement or other types of work. A hobby breeder may sell no more than two litters of puppies or kittens per year per household so long as the total number of dogs kept on the premises does not constitute a kennel as defined in this section. A hobby breeder that sells more than two litters per year per household shall be deemed to be a pet dealer.

Kennel: The following uses shall constitute a kennel:

(1)

The keeping of any dog or dogs, regardless of number, for sale, boarding, or treatment purposes, except by a hobby breeder as defined in this section or as provided by law, in a dog hospital, dog beauty parlor, pet care center, pet shop, dog racing establishment, governmental agency, laboratory, or facility housing animals for medical research that is approved by a federal agency;

(2)

The keeping of dogs six months of age or older on premises used for residential purposes in excess of:

a.

Four dogs on property that is less than one acre in gross area or in any individual residence unit in a transect zone that allows multifamily uses;

b.

Six dogs on property that is at least one acre but less than two acres in gross area; and

c.

Eight dogs on property that is two acres or more in gross area; or

(3)

The keeping of more than four guard dogs on vacant property or on property used for business or industrial purposes.

Owner: Any person owning, harboring, or keeping a dog or cat within the city.

Pet dealer: Any person that engages in the sale to the public of dogs or cats regardless of number. This classification shall include pet stores as well as breeders who sell directly to the consumer. Animal rescue organizations and hobby breeders shall be exempt from this classification.

Pet store: A pet shop, pet beauty parlor, animal grooming establishment, pet hospital, or other retail establishment open to the public and engaging in the business of selling pet supplies, services, or animals at retail or wholesale prices.

Pet store operator: A person who owns or operates a pet store.

Retail sale: The display, offer for adoption, barter, auction, give away, or other transfer of any dog or cat.

(Code 1967, § 5-10; Code 1980, § 6-20; Ord. No. 13696, § 2, 7-27-17)