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Home My WebLink About2021-057 Regulating the Retail Sale of Dogs, Cats and Rabbits by Pet Stores ORDINANCE NO. 2021-057 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. 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: Pet Store Ordinance Page 1 of 4 § 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 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." Pet Store Ordinance Page 2 of 4 (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 has debilitating effects on the health of the pet. In order for such warranty to be effective, the customer must provide evidence in the foinn 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 the 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. SECTION FIVE. Effective Date. This Ordinance shall be effective immediately upon passage and adoption. Pet Store Ordinance Page 3 of 4 PASSED AND ADOPTED this I f of , 2021. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie-Sibbitt,City Clerk Rusty John , ayor (SEAL). ADVERTISED ,6.a '/ ,2021 READ FIRST TIME ' .,to, 7 2021; READ S OND TIME AND ADOPTED SECOND /9 , 2021 UNDER AGENDA ITEM NO. SF FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA;APPROVED AS TO FORM AND LEGALITY this IC _day of . , 2021. SHUFFIELD, LOWMAN & WILSON, P.A. Ash By: City A, orne Pet Store Ordinance Page 4 of 4