[Added 4-3-2021 ATM by Art. 23]
ANIMAL RESCUE ORGANIZATION
Means a not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, and registered with the Massachusetts Department of Agricultural Resources, if required, whose mission and practice is, in whole or in significant part, the rescue and placement of animals into permanent homes, and that does not breed animals nor obtain animals in exchange for payment or compensation from any person that breeds or brokers animals.
CAT
Means any member of the species Felis catus.
DOG
Means any member of the species Canis familiaris.
OFFER FOR SALE
Means to advertise or otherwise proffer a dog, cat, or rabbit for acceptance by another person.
PERSON
Means an individual, corporation, partnership, association, or any other legal entity.
PET SHOP
Means a retail establishment where dogs, cats, or rabbits are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include a public animal control agency or shelter, as defined herein.
PUBLIC ANIMAL CONTROL AGENCY OR SHELTER
Means a facility operated by any locality, for the purpose of impounding seized, stray, homeless, abandoned, unwanted, or surrendered animals, or a facility operated for the same purposes under a written contract with the Town or any other locality.
RABBIT
Means any member of the species Oryctolagus cuniculus domesticus.
SELL
Means to exchange for consideration, adopt out, barter, auction, trade, lease, or otherwise transfer animals.
A. 
It shall be unlawful for a pet shop to sell or offer for sale a dog, cat, or rabbit.
B. 
A pet shop may provide space for the display of dogs, cats, or rabbits available for adoption only if:
(1) 
Such animals are displayed and made available for adoption by either: a public animal control agency or shelter or an animal rescue organization, as defined; and
(2) 
Each pet shop shall maintain records sufficient to document the source of each dog, cat, or rabbit the pet shop displays, for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to any Animal Control Officer or any duly appointed officer or representative of the Town.
C. 
No person shall sell, exchange, trade, barter, lease, or display for a commercial purpose any dog, cat, or rabbit on or in any street, public grounds, commercial or retail parking lot, flea market, or other market, regardless of whether such access is authorized by the property owner, except for a dog, cat, or rabbit displayed:
(1) 
By a public animal control agency or shelter or an animal rescue organization, as defined; or
(2) 
As part of a state or county fair exhibition, 4-H program, or similar exhibitions or educational programs.
A. 
In addition to any other penalty provided by law, any pet shop that makes a sale or offer for sale of a dog, cat, or rabbit in violation of § 120-25A shall be fined $300. Each unlawful sale or offer for sale shall constitute a separate violation. Any animal being offered for sale, transfer, or displayed in violation of these sections may be seized or impounded by the Animal Control Officer or any duly appointed officer or representative of the Town. In cases where the enforcing officer determines that failure to seize or impound will be detrimental to the safety and/or health of the animal, the animal shall be seized.
B. 
In addition to any other penalty provided by law, a pet shop that makes a provision of space knowingly and in violation of § 120-25B shall be fined $300. Each unlawful provision of space shall constitute a separate violation.
If any section, subsection, paragraph, sentence, clause or phrase of this bylaw shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this bylaw, which shall continue in full force and effect, and to this end the provisions of this bylaw are hereby declared to be severable.