[Adopted 4-26-2018 by Ord. No. 18-06]
As used in this Part 5, the following terms shall have the meanings
indicated:
An animal control center or animal shelter maintained by
or under contract with any state, county or municipality, whose mission
and practice is, in whole or significant part, the rescue and placement
of animals in permanent homes or rescue organizations.
A business or person who displays, offers for sale, delivers,
barters, auctions, gives away, transfers, or sells dogs, cats or rabbits
from the premises on which they were bred and reared.
A document from an animal care facility or rescue organization,
declaring itself to be the source of the dog, cat or rabbit on the
premises of a pet shop, retail business, or other commercial establishment.
The certificate of source shall include the name and address of the
source organization, the name and address of the pet shop or other
commercial establishment, and a written description, photograph, and
license number (if applicable) of each dog, cat or rabbit identified.
Any for-profit business enterprise, including a sole proprietorship,
other than a breeder. This term includes, but is not limited to, businesses
engaged in retail or wholesale commerce related to dogs, cats and
rabbits; grooming parlors, canine day care, and boarding facilities.
Any business or person that acquires dogs, cats, rabbits
or any other animal for the purpose of resale, whether as owner, agent
or cosignee.
Any nonprofit organization 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 and placement of dogs,
cats or rabbits in permanent homes.
1.
It is unlawful for any person to display, offer for sale, deliver,
barter, auction, give away, transfer, or sell any live dog, cat or
rabbit in any pet shop or other commercial establishment located in
the Borough of Sharpsburg, unless the dog, cat or rabbit was obtained
from an animal care facility or a rescue organization. All pet shops
or other commercial establishments selling dogs, cats or rabbits shall
maintain a valid certificate of source for each of the animals and
make it available upon request of any person.
2.
In the event an animal care facility or rescue organization is determined
by any local, state or federal government entity to be substantially
out of compliance with any animal welfare standards, laws or regulations,
a certificate of source provided by any such organization during any
period of noncompliance shall be invalid.
3.
This section shall not apply to a breeder, as defined herein.
4.
Nothing in this section shall prevent the owner, operator or employees
of a pet shop, retail business, or other commercial establishment
from providing space and appropriate care for animals owned by an
animal care facility or rescue organization and maintaining those
animals at the pet shop or commercial establishment for the purpose
of public adoption.
5.
A summary of the provisions of this section shall be conspicuously
posted in the place of business of persons subject to this section.
The Sharpsburg Borough Manager or designee shall promulgate regulations
specifying the contents of the summary which must be posted. In addition,
the posted notice shall state that the certificate of source for each
dog, cat or rabbit is available on request.
6.
At the time any dog, cat or rabbit is delivered, given, sold or transferred
to any person pursuant to this section, the operator of the pet shop
or commercial establishment shall provide a copy of the certificate
of source for the dog, cat or rabbit to the person receiving the same.
Any person or legal entity who is required to have a license
to sell animals and/or a kennel license under a local ordinance, the
Pennsylvania Dog Law, the Federal Animal Welfare Act, or any other
local, county, state or federal law or regulation, and who offers
an animal for sale in a newspaper, posting, through the mail, over
the Internet or through any other form of media or advertisement,
shall prominently include within the text of any such advertisement
each applicable license number, along with the name and address of
the licensed person or legal entity, as registered with the licensing
agency.
1.
Every separate act committed in violation of this part shall constitute
a separate and distinct criminal offense punishable by a fine not
exceeding $1,000 and/or imprisonment for a period not to exceed 90
days. Each animal offered for sale in violation of this part shall
constitute a separate and distinct violation. Each day that a violation
of this part continues shall constitute a separate and distinct violation.
2.
The Borough of Sharpsburg may maintain an action for injunction to enforce this part, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation pursuant to Subsection 3.
3.
Any person who violates this part may be liable for a civil penalty
not to exceed $600 for each separate act in violation. Each animal
offered for sale in violation of this part shall constitute a separate
and distinct violation. Each day that a violation of this part continues
shall constitute a separate and distinct violation. Such penalty shall
be assessed and recovered in a civil action brought in the name of
the Borough of Sharpsburg in any court of competent jurisdiction.
In assessing the amount of the civil penalty, the court may consider
any one or more of the relevant circumstances presented by any of
the parties to the case, including, but not limited to, the following:
the nature and seriousness of the violations; the number of violations;
the persistence of the violations; the length of time over which the
violations occurred; the willfulness of the person charged with the
violations; and the assets, liabilities, and net worth of the person
charged with the violations.
