§ 14-29. Pet dealerships; kennels; and hobby breeders.

(I)

Activities requiring permits.

(a)

No kennel shall operate without having a valid kennel permit issued by the department.

(b)

Pet dealers shall be required to obtain a pet dealer's permit within the time period prescribed by the department, or, alternatively, rather than obtain a pet dealer's permit, the pet dealer may elect to have the dog or cat that gave birth to the litter(s) sterilized. Failure to obtain a pet dealer's permit within the time period prescribed by the department or to have the dog or cat that gave birth to the litter(s) sterilized within the time period prescribed by the department, shall result in the issuance of a citation by the department.

(c)

Hobby breeders are exempt from the provisions of subsection 14-29(I)(b), and may instead operate under a hobby breeder permit, provided that:

(1)

They sell no more than two litters, or 20 animals, per year, whichever is greater, per household; and

(2)

They are in compliance with all other provisions of this article and applicable laws relating to animals.

(II)

Permit procedures. The following provisions shall apply to permits required by this section:

(a)

Any person or entity desiring to operate as a pet dealer, kennel or hobby breeder shall file a permit application with the department on such form as provided by the department and within the timeframe required by the department.

(b)

All permit holders and applicants shall provide an update within 15 calendar days of any addition or change of the physical address of the location(s) of all animals being bred or offered for sale.

(c)

A permit issued under this section is nontransferable from one entity or person to another or from one location to another.

(d)

All permits issued under this section shall be valid for one year.

(e)

In order to cover administrative and enforcement costs associated with this section, the board of county commissioners will establish by resolution annual permitting application fees for pet dealers, kennels and hobby breeders. Annual application fees are nonrefundable.

(f)

It shall be a violation of this article if the pet dealership, kennel or hobby breeder fails to meet the standards set forth for basic animal care and facility sanitation as established by the department, which standards shall be available on the department's website. A permit holder is responsible for remaining familiar with the most recent standards.

(g)

All locations identified by the pet dealer, kennel and/or hobby breeder permit applicants shall be subject to an initial inspection to determine compliance with the department's applicable published standards.

(h)

An annual inspection shall be required prior to any pet dealer, kennel and/or hobby breeder permit issuance or renewal. The renewal inspection period shall extend from 60 days prior to the end of a current permit period until the last day of the current permit period. Notice of the renewal inspection period, including a description of the scope and criteria of the inspection, shall be provided no later than ten days prior to a renewal inspection period, and any effort to seek review by a competent jurisdiction of the intended inspection must be initiated before the renewal period begins. The renewal inspection shall be unscheduled, and may be conducted at any reasonable hour by any animal control code enforcement officer, who shall act in accordance with the renewal inspection period notice and at a minimum shall be given access to and the opportunity to investigate the animals, premises and records of a pet dealer, kennel and/or hobby breeder to determine compliance with F.S. 767 and 828, as may be amended, and this article.

(i)

If a permit holder under this section receives an unsatisfactory inspection or an ordinance violation, a permit may be suspended or revoked. Upon correction of violations and, provided a satisfactory reinspection is completed, a permit may be reinstated for the duration of the permit period for a reinstatement fee, as established by the board of county commissioners.

(III)

Additional restrictions pertaining to animal sales.

(a)

Sales subject to this section shall only take place in locations authorized in permits and in no event shall such sale locations be permitted in a public thoroughfare, public common area, parking lots open to the public or flea market.

(b)

No person or entity may advertise for the sale of animals, unless such advertisement includes the permit number issued by the department.

For purposes of this section, advertise (or advertisement) includes, but is not limited to, announcements, listings, displays, entries, or other written statements containing the name of the permit holder or identifying the services offered by the permit holder or by a person or entity subject to this section and that are placed in a magazine or periodical, newspaper or inserts, direct mail pieces, audio broadcasting or telephone directory, on the internet, or on vehicles or equipment.

(c)

After each sale, pet dealers and hobby breeders shall submit point of sale certificates provided by the department.

(Ord. No. 17-07, § 1, 2-21-17)