It is the purpose and intent of the Encinitas City Council to
promote animal welfare and encourage best practices in the breeding
and purchasing of dogs and cats offered for retail sale in the City
of Encinitas.
(Ord. 2015-10)
For the purposes of this chapter only, the following words and
terms shall be deemed to mean and be construed as follows:
shall mean any document from the source city or county animal
shelter or animal control agency, humane society, or non-profit rescue
organization declaring the source of the dog or cat on the premises
of the pet shop, retail business, or other commercial establishment.
shall mean any for-profit business enterprise, including
a sole proprietorship engaged in retail or wholesale commerce related
to dogs and cats, including grooming parlors, canine day care, and
boarding facilities.
shall mean any California non-profit corporation 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 and cats; or any non-profit organization
that is not exempt from taxation under Internal Revenue Code Section
501(c)(3), but is currently an active rescue partner with City of
Encinitas or County of San Diego shelter or humane society, whose
mission is, in whole or in significant part, the rescue and placement
of dogs and cats.
(Ord. 2015-10)
It is unlawful for any person to display, offer for sale, deliver,
barter, auction, give away, transfer, or sell any live dog or cat
in any pet shop, retail business, or other commercial establishment
located in the City of Encinitas, unless the dog or cat was obtained
from a city or county animal shelter or animal control agency, a humane
society, or a non-profit rescue organization. All pet shops, retail
businesses, or other commercial establishments selling dogs or cats
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 City employee charged with
enforcing the provisions of this section.
(Ord. 2015-10)
This chapter shall not apply to the following:
A.
The
display, offer for sale, delivery, bartering, auction, giving away,
transfer, or sale of dogs and cats from the premises on which they
were born and reared.
B.
An animal
control enforcement agency or animal shelter.
C.
A private,
charitable, non-profit humane society or animal rescue organization.
D.
A publicly
operated animal shelter, non-profit animal humane society, or non-profit
animal rescue organization that operates out of or in connection with
a pet store.
(Ord. 2015-10)
Nothing in this section shall prevent the owner, operator, or
employees of a pet shop, retail business, or other commercial establishment
located in the City of Encinitas from providing space and appropriate
care for animals owned by a city or county animal shelter or animal
control agency, humane society, or non-profit rescue organization
and maintaining those animals at the pet shop, retail business, or
other commercial establishment for the purpose of public adoption.
(Ord. 2015-10)
