ARTICLE 2.1600 SALE OF ANIMALS

Sec. 2.1601     Definitions

In this article, the following words shall have the following meanings:

Animal. Any living vertebrate creature or invertebrate creature, including but not limited to dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl and livestock.

Humane Organization. A nonprofit corporation that maintains a permanent shelter facility within the state for the care and custody of sick, injured, lost, abandoned, unwanted or strayed animals and provides veterinary services for the care of the animals kept in its shelter facility under the supervision of a veterinarian who is employed or retained by the corporation.

Sec. 2.1602     Sale of Animals

(a)     It shall be unlawful for any person to sell, trade, barter, lease, rent, give away, or display for a commercial purpose a live animal on a roadside, public right-of-way, commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event.

(b)     This section does not apply to:

(1)     An agent of a business that has a certificate of occupancy from the building inspection division authorizing the occupancy of the premises for purposes of operating a business selling pets;

(2)     An event primarily for the sale of agricultural livestock such as hoofed animals or animals or fowl commonly raised for food, dairy, or fiber products;

(3)     A tax-exempt nonprofit humane organization; or

(4)     The sale or purchase of animals from a person’s private residence provided that such person does not regularly engage in the sale or purchase of animals at their private residence.

(Ordinance 1307 adopted 3/26/07)