As used in this article, the following terms shall have the
following definitions:
ANIMAL CARE FACILITY
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.
ANIMAL RESCUE ORGANIZATION
Any not-for-profit organization which has tax-exempt status
under Section 501(c)(3) of the United States Internal Revenue Code,
whose mission and practice is, in whole or significant part, the rescue
and placement of animals in permanent homes. This term does not include
an entity that is a breeder or broker or one that obtains animals
from a breeder or broker for profit or compensation.
BREEDER
A person that maintains a dog or cat for the purpose of breeding
and selling their offspring.
BROKER
A person that transfers a dog or cat from a breeder for resale
by another person.
CAT
A member of the species of domestic cat, Felis catus.
DOG
A member of the species of domestic dog, Canis familiaris.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for sale,
barter, auction, give away or otherwise dispose of a dog or cat.
PET STORE
A retail establishment where dogs or cats are sold, exchanged,
bartered or offered for sale as pet animals to the general public
at retail. Such definition shall not include an animal care facility
or animal rescue organization, as defined.
No pet store shall sell, deliver, offer for sale, barter, auction,
give away or otherwise transfer or dispose of cats or dogs. Nothing
in this section shall prohibit pet stores from collaborating with
animal care facilities or animal rescue organizations to offer space
for such entities to showcase adoptable dogs or cats, provided the
pet store shall not have any ownership interest in the animals offered
for adoption and shall not receive a fee for providing space for the
adoption of any of these animals.
A pet store that violates §
338-10 shall be subject to a civil penalty of $500, and each dog or cat offered for sale in violation of §
338-10 shall constitute a separate violation.