§ 14-31. Findings of fact.

The Board of County Commissioners of Sarasota County, Florida, hereby makes the following findings of fact:

(1)

Section 828.27, Florida Statutes, authorizes the Board of County Commissioners to enact an Ordinance relating to Animal Control and Cruelty. Additionally. F.S. § 767.14, authorizes local governments to place further restrictions upon or additional requirements on dangerous dogs, and develop procedures and criteria for implementation of F.S. ch. 767. Finally, pursuant to F.S. ch. 125, Sarasota County may exercise any power for a municipal purpose unless otherwise expressly prohibited.

(2)

It is in the interest of the public health, safety and general welfare of the citizens of Sarasota County to enact this article to regulate, restrict, or prohibit, if necessary, the sale and ownership of animals.

(3)

Animal control regulations are necessary to protect the public from unvaccinated, diseased, stray, roaming, dangerous, wild, or exotic animals.

(4)

Animal control regulations establish uniformity in the control and eradication of rabies.

(5)

Animal control regulations help abate nuisance created by animals that interfere with the enjoyment of property or the peace and safety of the community.

(6)

Animal control regulations help regulate animal population.

(7)

Animal control regulations protect animals from abuse or conditions harmful to their well-being.

(8)

Many Dogs and Cats have been bred and housed at substandard facilities, known as "puppy mills" or "kitten factories," that mass-produce animals for sale to the public, many of which are sold in pet stores.

(9)

Dogs and Cats bred in substandard facilities often suffer from health, social, and/or temperament problems that frequently result in costly treatment or even death.

(10)

In addition to the congenital and hereditary conditions resulting from substandard breeding facilities. Dogs and Cats may arrive in pet stores and their new homes with giardia, parvovirus, and distemper, illnesses that can be transmitted to healthy family animals.

(11)

When a buyer receives a sick or abused Dog or Cat, the responsibility for correcting the inadequate care has been effectively transferred from the seller to buyer, often without the buyer's knowledge or intent. Although F.S. § 828.29, provides a consumer guarantee for animals certified by a licensed veterinarian as unfit for purchase due to contagious or infectious disease, or for congenital or hereditary disorder. these protections do not fully safeguard a buyer from the emotional distress associated with caring for a sick or abused Dog or Cat.

(12)

If a buyer is unable or unwilling to provide a sick or abused Dog or Cat with needed care, local shelters may become the default caregiver for those Dogs or Cats.

(13)

Public shelters provide for the care of unwanted Dogs and Cats at taxpayer expense.

(14)

A reduction in the number of sick or abused Dogs and Cats received by buyers may help reduce the number of sick or abused Dogs and Cats in local shelters, including public shelters.

(15)

In May 2010, the U.S. Department of Agriculture, Office of Inspector General, issued Audit Report 33002-4-SF entitled, "Animal and Plant Health Inspection Service, Animal Care Program, Inspections of Problematic Dealers." As detailed in the Executive Summary of the report, the Inspector General found that the Animal Care Unit's enforcement process under the Animal Welfare Act was ineffective against large-scale dog dealers (i.e., breeders and brokers). Additionally, the report found that many Animal Care inspectors did not cite or document violations properly to support enforcement actions.

(16)

As a result of the May 2010 audit report, the Animal and Plant Inspection Service ("APHIS") drafted "APHIS" Enhanced Animal Welfare Act Enforcement Plan." The preface to the plan details the increased enforcement activities taken by the Animal Care Unit.

(17)

In September 2013, APHIS promulgated new rules governing retail pet stores, specifically amending the definition of retail pet stores in 9 C.F.R. § 1.1. Retail pet stores are not required to be licensed or inspected under the Animal Welfare Act. Under the revised regulations, a retail pet store means a place of business or residence at which the seller, buyer, and the animal are physically present so that every buyer may personally observe the animal prior to purchasing and/or taking custody of that animal after purchase. Furthermore, a breeder with four or fewer breeding females is exempt from licensing under the Animal Welfare Act.

(18)

Although increased enforcement activities from the Animal Care Unit may reduce the health, social, and/or temperament problems found in Dogs and Cats raised in mass-breeding facilities, the Sarasota Board of County Commissioners believes additional measures should be taken locally to protect animals from abuse or conditions harmful to their well-being and to protect pet buyers.

(19)

The Sarasota Board of County Commissioners deems the prohibition of the retail sale of dogs and cats in Sarasota County to be in the best interest of the health, safety, and welfare of its residents and citizens and the public at large, that such prohibition constitutes a municipal purpose and will encourage pet consumers to adopt dogs or cats from shelters or hobby breeders, thereby promoting consumer protection, saving animals lives, and reducing the cost to the public of sheltering and euthanizing animals.

(Ord. No. 95-042, § 1, 5-9-1994; Ord. No. 97-044, § 1(1), 6-17-1997; Ord. No. 2015-089, § 2, 1-27-2016)