HomeMy WebLinkAboutItem 08 Second Reading of Ordinance Regulating the Retail Sale of Dogs, Cats and Rabbits by Pet Stores ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: October 19, 2021
Item # 8
Reviewed By:
Contact Name: Scott Cookson Department Director:
Contact Number: 407-581-9800 City Manager: Robert Frank
Subject: Ordinance Regulating the Retail Sale of Dogs, Cats and Rabbits by Pet Stores
Background Summary:
On June 24, 2021, the Board of County Commissioners of Orange County enacted an ordinance
prohibiting the retail sale of dogs, cats and rabbits in Orange County. The Orange County Charter
specifically provides no county ordinance shall be effective within a municipality if the municipality
maintains an ordinance covering the same subject matter or activity as the County Ordinance.
City Staff has determined that the existing "Chews A Puppy" pet store within the City of Ocoee is
engaged in the retail sale of dogs, cats and rabbits and, absent this proposed Ordinance, would be
prohibited from engaging in the retail sale of dogs, cats and rabbits. The proposed ordinance would
create a limited exemption for the existing Chews A Puppy pet store to continue operating within the
City provided, however, it operates under the same brand, business model, size, and in compliance
with all other applicable existing City regulations. All other pet stores within the City will be prohibited
from engaging in the retail sale of dogs, cats and rabbits as of the effective date of the ordinance.
Additionally, the proposed ordinance would require the existing Chews A Puppy pet store to display a
notice to consumers and public containing contact information for the City of Ocoee for the reporting of
any complaints with respect to the pet store as well as the posting of information in close proximity to
cages and enclosures containing information on each pet's health and vaccination records and the
source from which the pet was obtained. The proposed ordinance would further require the pet store
to make information readily available for all protentional customers including its USDA license number,
breeding facility contact information, and the date the pet was born and received. The pet store would
also be required to provide a warranty to customers, under certain conditions, for any pet purchased
from the pet store.
City Staff has determined that the continued ability of the one existing pet store within the City engaged
in the retail sale of dogs, cats, and rabbits and the prohibition of any other pet store within the City to
engage in the retail sale of dogs, cats and rabbits, is in the best interest of the health, safety and welfare
of its residents, citizens and public at large.
Issue:
1. Should the City Commission enact an Ordinance prohibiting pet stores within the City of Ocoee
from engaging in the retail sale of dogs, cats and/or rabbits while creating a limited exemption,
with certain requirements and conditions, for one existing pet store to continue operating within
the City?
Recommendations:
Staff recommends that the City Commission enact one of the above-referenced Ordinances which will
prohibit pet stores within the City of Ocoee from engaging in the retail sale of dogs, cats and/or rabbits
while creating a limited exemption, with certain requirements and conditions, for one existing pet store
to continue operating within the City.
Attachments:
Proposed Ordinance
Financial Impact:
N/A
Type of Item: (please mark with an "x')
X Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
X Ordinance Second Reading X Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by N/A
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ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO ANIMALS; ENACTING SECTION 3 OF
CHAPTER 43 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE; REGULATING THE RETAIL SALE OF
DOGS, CATS AND RABBITS BY PET STORES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE
WHEREAS, on June 24, 2021, the Board of County Commissioners of Orange County,
Florida enacted Ordinance Number 2021-27 providing for the prohibition of the retail sale of dogs,
cats, and rabbits in Orange County, Florida.
WHEREAS, Section 704 of the Orange County Charter provides that no county ordinance
shall be effective within a municipality if the municipality maintains an ordinance covering the
same subject matter, activity or conduct as the county ordinance.
WHEREAS, the City Commission of the City of Ocoee has determined that there exists
one (1) pet store within the City of Ocoee engaged in the retail sale of dogs, cats and rabbits
presently located at 11167 W.Colonial Drive,Ocoee,Florida 34761 that would be prohibited from
engaging in the retail sale of dogs, cats and rabbits by the county's ordinance absent an ordinance
adopted by the City of Ocoee covering the same subject matter, activity or conduct as the county
ordinance.
WHEREAS,the City Commission of the City of Ocoee deems the continued ability of the
one (1) existing pet store within the City of Ocoee to engage in the retail sale of dogs, cats and
rabbits to be in the best interest of the health, safety and welfare of its residents and citizens and
the public at large.
WHEREAS, the City Commission of the City of Ocoee deems that prohibiting any other
pet stores within the City of Ocoee from engaged in the retail sale of dogs, cats and rabbits to be
in the best interest of the health, safety and welfare of its residents and citizens and the public at
large.
WHEREAS, the City Commission of the City of Ocoee desires to enact Section 3 of
Chapter 43 of the Code of Ordinances the City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority
to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida,Chapter
166,Florida Statutes, and Section C-8 of the Charter of the City of Ocoee.
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Page 1 of 5
SECTION TWO. Enactment. New Section 3 of Chapter 43 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby enacted to read as follows:
§ 43-3. Retail Sale of Dogs, Cats and Rabbits.
(a) It shall be a violation of this section for a pet store to engage in the retail sale
of any dog, cat or rabbit within the City of Ocoee.
(b) Nothing in this section shall prevent a pet store from providing space and
appropriate food, shelter and care for animals owned by any animal rescue
organization or animal shelter to display dogs, cats,and/or rabbits for adoption.
(c) Notwithstanding anything contained herein to the contrary,the existing"Chews
A Puppy" pet store, located at 11167 W. Colonial Drive (the "Existing Pet
Store"), may continue to engage in the retail sale of dogs, cats and rabbits.
Provided all other applicable existing city, county, state and federal regulations
are complied with and provided that the Existing Pet Store is operated under
the same brand and same business model, such Existing Pet Store shall (i) be
permitted to relocate from its existing location to another location within the
City of Ocoee;or(ii)expand its existing location. However, such relocation or
expansion shall not result in a store that is more than fifty percent(50%) larger
on a square foot basis than the existing store location without the prior approval
of the City Commission of the City of Ocoee.
(d) The Existing Pet Store shall post a notice for consumers and the public
containing contact information for the City of Ocoee for the reporting of any
complaints with respect to the Existing Pet Store. Such notice shall also include
contact information for Orange County Animal Services for the reporting of
any alleged animal cruelty or activity posing a threat to animal safety or public
safety. Such notice shall also contain contact information for the Consumer
Protection Division of the Office of the Attorney General for the reporting of
any alleged violations of the Florida Deceptive and Unfair Trade Practices Act.
The notice shall be posted in a conspicuous location within the Existing Pet
Store and the location and content of such notice shall be subject to review and
approval by the city.
(e) In the event the Existing Pet Store receives any notice of violation or other
notice or correspondence relating to complaints or operations of the Existing
Pet Store from Orange County Animal Services, the Consumer Protection
Division of the Office of the Attorney General or any other governmental
agency, the Existing Pet Store shall immediately notify, in writing, the City
Manager of the City of Ocoee and provide copies of any documentation relating
to such violation, notice or correspondence.
(f) The Existing Pet Store shall post conspicuously in close proximity to the cages
and enclosures of the pets the following notice: "Notice to Consumers: Before
Pet Store Ordinance
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purchasing a pet, you may request information concerning each pet's health, a
Florida Health Certificate, vaccination records and the source from which the
pet was obtained. The store is required to provide you these records before you
purchase a pet and give you a copy of these records when you purchase the pet."
(g) The Existing Pet Store shall have the following information readily available
for all potential customers: (i)the name and contact information of the breeding
facility where the pet was bred; (ii) the USDA license number and state and
local license number, if applicable, of the breeder of the pet; and (iii) the date
the pet was born and the date the Existing Pet Store received the pet. Such
information shall be visible on the cage or enclosure for each pet or given to the
customer upon request. Further, such information shall be provided to each
customer purchasing a pet from the Existing Pet Store.
(h) In addition to inspections by Orange County Animal Services or other
governmental agencies, the Existing Pet Store shall be subject to regular
inspections by the city.
(i) In addition to the requirements and provisions set forth in Section 828.29,
Florida Statutes, the Existing Pet Store shall provide all customers the right
during the life of the pet to return and replace any pet purchased from the
Existing Pet Store afflicted by a congenital or hereditary disorder that is
debilitating affects the health of the pet. In order for such warranty to be
effective, the customer must provide evidence in the form of written
documentation from a licensed veterinarian, including a veterinarian statement
of such pet's diagnosis, as well as written medical notes and any test results
within five(5) days of a diagnosis confirming congenital or hereditary disorder
along with documentation providing that such pet is current on all vaccinations.
This warranty shall be explained and offered to each customer purchasing a pet
from the Existing Pet Store.
SECTION THREE. Severability. If any section, subsection, sentence, clause,phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision
and such holding shall not affect the validity of the remaining portion hereto.
SECTION FOUR. Codification. It is the intention of the City Commission of the City
that the provisions of this ordinance shall become and be made a part of the Code of Ordinances
of the City; and that sections of this ordinance may be renumbered or relettered and the word
"ordinance"may be changed to "chapter", "section", "article", or such other appropriate work or
phase in order to accomplish such intentions; and regardless of whether such inclusion in the code
is accomplished, sections of this ordinance may be renumbered or relettered and the correction of
typographical errors which do not affect the intent may be authorized by the City Manager,without
need of public hearing, by filing a corrected or recodified copy of same with the City Clerk.
Pet Store Ordinance
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SECTION FIVE. Effective Date. This Ordinance shall be effective immediately upon
passage and adoption.
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Pet Store Ordinance
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PASSED AND ADOPTED this day of , 2021.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2021
READ FIRST TIME , 2021;
READ SECOND TIME AND
ADOPTED , 2021
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA;APPROVED
AS TO FORM AND LEGALITY
this day of , 2021.
SHUFFIELD,LOWMAN & WILSON,P.A.
By:
City Attorney
Pet Store Ordinance
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COPY OF ADVERTISEMENT
Date Published and Media Name
2B The West Orange Times Thursday.October 7. 2021
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
PUBLIC HEARING
A Public Hearing before the Ocoee City Commission will be held llaesday,Octo-
her 19,2021,at 6:15 p.m.or as soon thereafter as may be heard,in the Commission
Chambers of City Hall at 150 North Lakeshore Drive,Ocoee,Florida,to consider
the following:
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,RELATING
TO ANIMALS;ENACTING SECTION 3 OF CHAPTER 43 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE; REGULAT-
ING THE RETAIL SALE OF DOGS,CATS AND RABBITS BY PET
STORES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION;PROVIDING AN EFFECTIVE DATE.
City Hall is open to the public.The Ocoee City Commission may continue the public
hearing to other dates and times,as it deems necessary.If a person decides to appeal
any decision made by the City Commission with respect to any matter considered
at such hearing,they will need a record of the proceedings,and for such purpose
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they may need to ensure that a verbatim record of the proceedings is made,which
record includes the testimony and evidence upon which the appeal is to be based.
hi accordance with the Americans with Disabilities Act,persons needing a special
accommodation or an interpreter to participate in this proceeding should contact
the City Clerk's office at 407-905-3105 at least two days prior to the date of hearing.
October 7,2021 21-03753W