[Adopted 10-5-2016 by L.L. No. 8-2016]
The following terms used in this article shall have the following definitions:
- PET STORE
- A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail.
- RESCUE AND HUMANE ORGANIZATION
- A New York State nonprofit corporation that is exempt from taxation under Internal Revenue Code § 501(c)(3), participates in early age spay/neuter of animals, complies with state and local laws regarding the humane treatment of animals, and whose mission and practice is, in whole or in significant part, the rescue and placement of dogs and/or cats.
It shall be unlawful for any person to sell any live dog or cat in any pet store, retail business or other commercial establishment located in the Village of Port Chester, unless the dog or cat was obtained from an animal shelter or a humane society located in the County of Westchester, or a nonprofit rescue and humane organization registered with the New York State Department of Agriculture.
Any person who violates the provisions of this section or any of the rules promulgated thereunder shall, for a first offense, be guilty of a violation punishable by a fine no more than $250. For a second offense, within a continuous twelve-month period, such person shall be guilty of a violation punishable by a fine no more than $500. For a third, or any subsequent offense, within a continuous twelve-month period starting from the first offense, such person shall be guilty of a Class B misdemeanor punishable by a fine no more than $500 or by imprisonment of no more than three months, or both.
In the alternative to such criminal penalties, any person who violates this section may be liable for a civil penalty of no more than $250 for the first offense and $500 for any subsequent offense.
Each animal sold in violation of this article shall constitute a separate and distinct violation.
The Village Attorney shall be authorized to bring a proceeding against a responsible party(ies) in a court of competent jurisdiction to enforce this article.