Chapter 6.01
RETAIL SALE OF DOGS AND CATS
6.01.000 Chapter Contents
Sections:
6.01.010 Definitions.
6.01.020 Prohibition on Retail Sale of Dogs and Cats.
6.01.030 Existing Pet Stores.
6.01.040 Exemptions.
6.01.050 Adoption of Shelter and Rescue Animals.
6.01.060 Record Keeping and Disclosure.
6.01.070 Right of Entry for Inspection and Enforcement.
6.01.080 Violations.
6.01.090 Abatement of Nuisance.
(Ord. 7231 §2, 2020).
6.01.010 Definitions
For purposes of this Chapter, the following definitions shall apply:
a. “Animal shelter” means a municipal or related public agency animal shelter devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals.
b. “Dog” means an animal of the Canidae family of the order Carnivora.
c. “Cat” means an animal of the Felidae family of the order Carnivora.
d. “Certificate of source” shall mean a document declaring the source of the dog or cat sold or transferred by the pet store. The certificate shall include the name and address of the source of the dog or cat.
e. “Existing pet store” means any pet store or pet store operator that displayed, sold, delivered, offered for sale, offered for adoption, bartered, auctioned, gave away, or otherwise transferred dogs or cats in the City of Olympia on the effective date of this Chapter, and complied with all applicable provisions of the Olympia Municipal Code.
f. “Pet store” means a retail establishment open to the public and engaging in the business of offering for sale and/or selling animals, including dogs and cats, at retail.
g. “Pet store operator” means a person or legal entity who owns or operates a retail pet store, or both.
h. “Rescue organization” means any nonprofit organization that has tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of dogs and cats.
(Ord. 7231 §2, 2020).
6.01.020 Prohibition on Retail Sale of Dogs and Cats
Notwithstanding any provision in the Olympia Municipal Code to the contrary, no pet store shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the City of Olympia on or after the effective date of this Chapter.
(Ord. 7231 §2, 2020).
6.01.030 Existing Pet Stores
An existing pet store may continue to display, offer for sale, offer for adoption, barter, auction, give away, or otherwise transfer dogs and cats until September 15, 2020.
(Ord. 7231 §2, 2020).
6.01.040 Exemptions
This Chapter does not apply to:
a. A person or establishment that sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers or disposes of animals that were bred and reared on the premises of the person or the retail establishment;
b. A publicly operated animal control facility or animal shelter;
c. A charitable, nonprofit animal humane society or animal rescue organization which does not acquire or sell dogs and cats for profit;
d. A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store.
(Ord. 7231 §2, 2020).
6.01.050 Adoption of Shelter and Rescue Animals
Nothing in this Chapter shall prevent a pet store or its owner or legal entity 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 organization and maintained at the pet store for the purpose of adopting those animals to the public. No pet store, or its owner or legal entity operating a retail pet store, shall receive any compensation from pet adoptions or for the use of the store and its resources in connection with adoption events.
(Ord. 7231 §2, 2020).
6.01.060 Record Keeping and Disclosure
A pet store shall maintain records stating the name and address of the publicly operated animal shelter, nonprofit animal humane society or animal rescue organization that each dog and cat was obtained from for at least three (3) years following the date of acquisition. Such records shall be made available upon request to a City code enforcement officer or animal control authority. Each pet shop shall display on each cage or pen containing a dog or cat, a label stating the certificate of source, including the name and address of the animal shelter or nonprofit humane society or animal rescue organization which is the source for each dog or cat kept in the cage or pen.
(Ord. 7231 §2, 2020).
6.01.070 Right of Entry for Inspection and Enforcement
The City retains all rights of entry into any pet store as allowed by any law, code, constitutional provision, common law, or any other legal authority for purposes of inspection and enforcement of the provisions of this Chapter.
(Ord. 7231 §2, 2020).
6.01.080 Violations
It shall be a civil infraction for any person or corporation to violate or fail to comply with any of the provisions of this Chapter. Each day shall be a separate infraction. A person or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
a. First offense: Class 3 ($50), not including statutory assessments.
b. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
c. Third offense arising out of the same facts as the first offense and all further offenses arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
(Ord. 7231 §2, 2020).
6.01.090 Abatement of Nuisance
The City retains the right to enforce the provisions of this Chapter in superior court by any and all legal means in its sole discretion, including but not limited to pursuing abatement of any nuisance through injunctive relief and warrant of abatement.
(Ord. 7231 §2, 2020).