Ordinance 19-2014 AnimalsAN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 10 OF THE TOWN CODE OF
ORDINANCES TITLED "ANIMALS", AT ARTICLE II, "DOGS
AND CATS", BY CREATING A NEW SECTION 10-46
PROVIDING FOR THE PROHIBITION OF THE SALE OR
TRANSFER OF DOGS AND/OR CATS IN ANY PET STORE
AS DEFINED HEREIN AND THE PROHIBITION OF
COMMERCIAL BREEDING OF DOGS AND/OR CATS
WITHIN THE TOWN; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, according to the Humane Society of the United States hundreds of
thousands of dogs and cats in the United States have been housed and bred at
substandard breeding facilities known as "puppy mills" or "kitten factories" ("Facilities")
that mass-produce animals for sale to the public; and
WHEREAS, because of the lack of proper animal husbandry practices at these
Facilities, animals born and raised there are more likely to have genetic disorders and
lack adequate socialization, and breeding animals utilized there are subject to inhumane
housing conditions and are indiscriminately disposed of when they reach the end of
their profitable breeding cycle; and
WHEREAS, many animals produced in these Facilities are purchased by retail
pet stores for sale to the public; and
WHEREAS, while not all dogs and cats sold in retail pet stores are the product of
inhuman breeding conditions and not every commercial breeder selling dogs or cats to
pet stores operates "puppy mills" or "kitten factories", the Town Council believes that
puppy mills and kitten factories continue to exist in part because of public demand
fueled by the availability of dogs and cats in pet stores; and
WHEREAS, the Town Council believes that restricting the retail sale of dogs and
cats in the Town will promote community awareness of animal welfare and, in turn, will
foster a more humane environment in the Town; and
WHEREAS, the Town Council believes that the restriction of the retail sale of
dogs and cats in pet stores in the Town will reduce mistreatment of the animals in
"puppy mills" and "kitten factories" by reducing demand for such animals and will
encourage pet consumers to adopt dogs and cats from shelters benefitting these
animals and reducing the cost to the public of sheltering them; and
WHEREAS, the Town Council of the Town of Palm Beach has determined that
the following amendment promotes and protects the general health, safety and welfare
of the residents of the Town of Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The foregoing "Whereas" clauses are hereby ratified as true and
correct and are incorporated herein by reference.
Section 2. Chapter 10 of the Town Code of Ordinances titled Animals is
hereby amended at Article II, Dogs and Cats, to include a new Section 10-46 to read as
follows:
Ordinance No. 19-2014 Page 2 of 4
1 - or transfer of dogs an• • • commercial
breeding prohibited.
(a) For the purposes of this section, the following definitions
shall apply:
Cat shall mean an animal of any age of the Felidae family of the
order Carnivora.
Dog shall mean an animal of any age of the Canidae family of the
order Carnivora.
Pet Store shall mean any retail establishment open to the public
that sells or transfers, or offers for sale or transfer, dogs and/or
cats, regardless of the age of the dog or cat.
(b) Sale or Transfer of Dogs and/or cats prohibited. No pet
store shall display, sell, trade, deliver, barter, lease, rent, auction, give
away, transfer, offer for sale or transfer, or otherwise dispose of dogs or
cats in the Town of Palm Beach on or after the effective date of this
Ordinance.
(c) The breeding of dogs or cats for commercial purposes with
the intent to have such dogs or cats sold, traded, delivered or transferred
to another is prohibited within the Town"
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Ordinance No.19-2014 Page 3 of 4
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 9th day of December 2014, and for second
and final reading on day of Janu"a15.
Pthis 3th
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usan A. Owens, MMC, Town Clerk
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Wilfiafn J. Diamond] President Pro Tem
Richard M. Kleid, Town Council Member
Mic ael . Pucdo, Town Council Member
Penelope , . Townsend, Town Council Member
Ordinance No. 19-2014 Page 4 of 4