§ 14-53. Animal Sale Prohibitions and Requirements.  


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  • (a)

    Prohibitions. The following acts shall be a violation of this Article:

    (1)

    Any Retail Sale from a Commercial Establishment.

    (2)

    Any Public Thoroughfare, Public Common Area, or Flea Market Sale.

    (b)

    Exemptions. The following shall be exempt from the prohibitions in subsection (a) this section:

    (1)

    Animal Shelters.

    (2)

    Animal Welfare Organizations.

    (3)

    Hobby Breeders.

    (c)

    Amortization Period. Any existing Commercial Establishment that is lawfully operating on or before January 27, 2016, shall be permitted to continue the Retail Sale of live Dogs or Cats until January 27, 2017. As a condition of continued operation during the amortization period, a Commercial Establishment shall not increase or enlarge its floor space. A Commercial Establishment shall provide proof of its Retail Sales existing as of January 27, 2016, to the Zoning Administrator through sales receipts, franchise agreements, leases, or other documentation readily authenticated as true and correct documents. Any Commercial Establishment that voluntarily abandons Retail Sale for a period of more than 30 days, or ceases Retail Sale as a result of destruction by fire or other peril, shall lose its nonconforming status.

    (d)

    Adoption of Animals. Nothing in this Article shall prevent a Commercial Establishment from providing space and appropriate shelter, food, or care for Animals owned by any Animal Welfare Organization or Animal Shelter and collecting an Adoption Fee.

    (e)

    Certificate of Source. During the Amortization Period above, Commercial Establishments within Sarasota County shall post and maintain in a conspicuous place, a Certificate of Source of each live Dog or Cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any Dog or Cat sold or transferred.

    (f)

    Sale and Transfer Requirements for Dogs. Before a Dog is offered for sale or transferred:

    (1)

    It shall be a minimum of eight weeks old;

    (2)

    It shall receive fecal exam, vaccines and anthelmintics against the following disease and internal parasites:

    (a)

    Canine distemper; leptospirosis; bordetella; Para influenza; hepatitis; canine parvo; rabies, if the Dog is over four months old and the inoculation is administered by a Veterinarian; roundworm; hookworm and other internal parasites.

    (b)

    The tests, vaccines, and anthelmintics must be administered prior to the Dog being offered for sale, unless a Veterinarian certifies on the official Health Certificate that to inoculate or deworm the Dog is not in the best medical interest of the Dog.

    (c)

    If the Dog is under four months of age the tests, vaccines, and anthelmintics required by this section must be administered no more than 21 days before the sale. If the Dog is four months of age or older, the tests, vaccines, and anthelmintics must be administered at or after three months of age, but no more than one year before the sale. If the Dog is six months of age it will be tested for heartworms.

    (g)

    Sale and Transfer Requirements for Cats. Before a Cat is offered for sale or transferred:

    (1)

    It shall be a minimum of eight weeks old.

    (2)

    It shall receive fecal exam, vaccines and anthelmintics against the following disease and internal parasites:

    (a)

    Panleukopenia, feline viral rhinotracheitis, calici virus, rabies if the Cat is over four months of age and the inoculation is administered by a Veterinarian, hookworm, roundworms and other internal parasites.

    (b)

    The tests, vaccines, and anthelmintics must be administered prior to the Cat being offered for sale, unless a Veterinarian certifies on the official Health Certificate that to inoculate or deworm the Cat is not in the best medical interest of the Cat.

    (c)

    If the Cat is under four months of age the tests, vaccines, and anthelmintics required by this section must be administered no more than 21 days before the sale. If the Cat is four months of age or older, the tests, vaccines, and anthelmintics must be administered at or after three months of age, but no more than one year before the sale.

    (3)

    Each Cat must also be tested for feline leukemia and FIV before being offered for sale.

    (h)

    Official Certificate of Veterinary Inspection (Health Certificate). Each Dog and Cat must be accompanied by a current Health Certificate at all times while being offered for sale. Copies of these certificates shall be held by the seller and the Veterinarian for a period of three years.

    (i)

    Veterinarian Examination. The examination of each Dog and Cat by a Veterinarian must take place no more than 30 days before the sale.

    (j)

    Inspection. The records of a Commercial Establishment which engages in a Retail Sale shall be open for inspection by an Animal Services Officer from the Department for compliance with this section of the Code.

    (k)

    Rabies Vaccine. The retail seller of Dog, Cat, or Ferret rabies vaccine shall advise the buyer of such vaccine that Florida law requires all Dogs, Cats, and Ferrets that are four months of age or older be vaccinated in accordance with state law.

(Ord. No. 2015-089, § 8, 1-27-2016)

Editor's note

Ord. No. 2015-089, § 8, adopted Jan. 27, 2016, amended § 14-53 in its entirety to read as herein set out. Former § 14-53 pertained to animal sale health requirements and derived from Ord. No. 2004-111, § 9, adopted Nov. 10, 2004.