[Adopted 10-5-2021 by L.L. No. 10-2021]
It is the purpose and intent of the Town of Riverhead to promote
animal welfare and encourage best practices in the breeding and purchasing
of dogs, cats and rabbits offered for retail sale in the Town of Riverhead.
For the purposes of this article only, the following words and
terms shall be deemed to mean and be construed as follows:
Any document from the source town or county animal shelter
or animal control agency, humane society, or nonprofit rescue organization
declaring the source of the dog, cat or rabbit on the premises of
the pet shop, retail business, or other commercial establishment.
Any for-profit business enterprise, including a sole proprietorship
engaged in retail or wholesale commerce related to dogs, cats and
rabbits, including grooming parlors, canine day care, and boarding
facilities.
A rescue and humane organization defined as a New York State
nonprofit corporation that is exempt from taxation under Internal
Revenue Code Section 501(c)(3), participates in early-age spay/neuter
of animals and 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
and/or rabbits.
A natural person, corporation, unincorporated association,
proprietorship, firm, partnership, joint venture, joint stock association,
or other entity or business organization of any kind.
A.
It is
unlawful for any person to display, offer for sale, deliver, barter,
auction give away, transfer, or sell any live dog, cat or rabbits
in any pet shop, retail business, or other commercial establishment
located in the Town of Riverhead, unless the dog, cat or rabbit was
obtained from a Town or county animal shelter or animal control agency,
a humane society, or a nonprofit rescue organization registered with
the New York State Department of Agriculture.
B.
All pet shops, retail businesses, or other commercial establishments
selling dogs, cats or rabbits shall maintain a certificate of source
for each of the animals and make it available upon request to animal
control officers, law enforcement, code enforcement officials, or
any other Town employee charged with enforcing the provisions of this
section.
C.
Cats obtained by donation from a local resident for no charge may
also be displayed, sold, and/or offered for sale; provided, however,
that the pet store owner or operator shall maintain a certificate
of source on file and notify the Town in writing of any sale of any
such locally donated cat.
D.
A pet store that, as of the effective date of the ordinance codified in this section, displayed, sold, delivered, offered for sale, bartered, or auctioned dogs, cats or rabbits in the Town, which were obtained from sources other than those permitted by Subsection A, and whose operations complied with all applicable provisions of this code, may continue to display, sell, deliver, offer for sale, barter, or auction dogs, cats and rabbits obtained from sources other than those permitted by Subsection A, for a maximum of 90 days of the effective date.
Nothing in this section shall prevent the owner, operator, or
employees of a pet shop, retail business, or other commercial establishment
located in the Town of Riverhead from providing space and appropriate
care for animals owned by a town or county animal shelter or animal
control agency, humane society, or nonprofit rescue organization and
maintaining those animals at the pet shop, retail business, or other
commercial establishment for the purpose of public adoption.
This article shall be enforced by the Town's code enforcement
officer(s) or law enforcement officers.
Any person who violates any provision of the article shall be
guilty of a violation punishable by a fine not less than $250 nor
more than $750 and/or imprisonment for not more than 15 days for a
first offense, and by a fine not less than $500 nor more than $1,500
and/or imprisonment for not more than 15 days for a second offense.
A third and subsequent violations of this article shall be prosecuted
as a misdemeanor punishable by a fine not less than $1,000 nor more
than $2,500 and/or imprisonment for not more than 30 days. Any violation
of this article, per animal, shall be prosecuted as separate violations.
