CHAPTER 4.50
RETAIL SALES OF DOGS, CATS AND RABBITS
Sections:
4.50.030 Prohibition on the sale of certain dogs, cats and rabbits.
4.50.040 Adoption of shelter and rescue animals.
4.50.060 Enforcement and remedies.
4.50.010 Purpose.
It is the purpose and intent of this chapter to promote animal welfare and encourage best practices in the purchasing of dogs, cats and rabbits offered for retail sale in the city of Solana Beach. (Ord. 461 § 2, 2016)
4.50.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “Animal shelter” means a public animal shelter operated by any city, county or other public agency or an entity operating under contract with any city, county or other public agency.
B. “Breeder” means any breeder who owns breeding dogs, cats or rabbits, and who sells, provides or supplies the offspring for retail or wholesale.
C. “Cat” means a Felis domesticus of either sex, altered or unaltered.
D. “Dog” means a Canis familiaris of either sex, altered or unaltered.
E. “Dealer” means any third party broker, distributor, supplier, animal wholesaler, and/or other source who buys and sells dogs, cats and/or rabbits that were not born and raised at their facility.
F. “Existing retail pet store” means any retail pet store or its operator that displays, offers for sale, delivers, barters, auctions, gives away, transfers, leases, or sells dogs, cats or rabbits in the city of Solana Beach on the effective date of this chapter, and that is in compliance with all applicable provisions of the Solana Beach Municipal Code on the effective date of this chapter.
G. “Nonprofit rescue organization” means any nonprofit 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, care and adoption of dogs, cats and/or rabbits; or any nonprofit organization that is not exempt from taxation under Internal Revenue Code Section 501(c)(3), but is currently an active rescue partner with the city of Solana Beach or any county of San Diego animal shelter or humane society, whose mission is, in whole or in significant part, the rescue, care and adoption of dogs, cats and/or rabbits.
H. “Operator” means a person who owns or operates a retail pet store, or both, and/or who hires employees at a retail pet store to engage in the retail sale of dogs, cats and/or rabbits.
I. “Rabbit” means an Oryctolagus cuniculus of either sex, altered or unaltered.
J. “Retail pet store” means any for-profit establishment open to the public and located in a commercial zone or shopping center that is engaged in the retail sale of dogs, cats and/or rabbits. (Ord. 461 § 2, 2016)
4.50.030 Prohibition on the sale of certain dogs, cats and rabbits.
A. It is unlawful for any retail pet store or its operator to display, offer for sale, deliver, barter, auction, give away, transfer, lease, or sell any dog, cat or rabbit in the city of Solana Beach.
B. No permit or other applicable license or entitlement for use, including but not limited to the issuance of a business license, building permit, conditional use permit, or other land use approval, shall be approved and/or issued for the establishment of any retail pet store within the jurisdiction of the city of Solana Beach that would engage in the retail sale of dogs, cats and/or rabbits purchased, supplied or otherwise obtained from any dealer and/or breeder.
C. An existing retail pet store or its operator that displays, offers for sale, delivers, barters, auctions, gives away, transfers, leases, or sells any dog, cat or rabbit in the city of Solana Beach as of the effective date of the ordinance codified in this chapter and whose operations comply with all applicable provisions of the Solana Beach Municipal Code as of the effective date of the ordinance codified in this chapter may continue to display, offer for sale, deliver, barter, auction, give away, transfer, lease, or sell any dog, cat or rabbit for a period of six months following the effective date of the ordinance codified in this chapter. During the six-month grace period, the remaining provisions of this chapter shall apply to the existing retail pet store. (Ord. 461 § 2, 2016)
4.50.040 Adoption of shelter and rescue animals.
Nothing in this chapter shall prevent a retail pet store or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at a retail pet store for the purpose of adopting those animals to the public. (Ord. 461 § 2, 2016)
4.50.050 Exemptions.
Notwithstanding any other provision of this chapter, the following shall not be considered a retail pet store and shall be exempt from the provisions of this chapter:
A. Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared, excluding retail pet stores.
B. A publicly operated animal shelter or animal control enforcement agency.
C. A nonprofit humane society or nonprofit animal rescue organization.
D. A publicly operated animal shelter or animal control enforcement agency, or a nonprofit humane society or animal rescue organization that operates out of or in connection with a retail pet store. (Ord. 461 § 2, 2016)
4.50.060 Enforcement and remedies.
A. The city manager, or his or her designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this chapter, including, but not limited to, inspecting any retail pet store’s premises to verify compliance.
B. Unless otherwise provided, a violation of any provision of this chapter or failure to comply with any requirement thereof shall be punishable as provided in Chapters 1.16 and 1.18 SBMC.
C. Each day or portion thereof that a violation of this chapter exists shall constitute a separate violation.
D. Each violation of this chapter shall constitute a public nuisance.
E. The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.
F. The remedies and penalties provided in this section are cumulative and in addition to any other remedies available at law or in equity. (Ord. 461 § 2, 2016)