| August 20, 2013 |
2013-R-0328
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MUNICIPALITIES THAT BAN PET STORE SALES OF DOGS
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By: Janet L. Kaminski Leduc, Senior Legislative Attorney
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SUMMARY
At least 28 U.S. municipalities have ordinances banning the retail sale of dogs. Thirteen of these are in California; seven in Florida; four in New Jersey; and the rest are in Texas, Colorado, and New Mexico.
The San Diego, California ordinance makes it unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog, cat, or rabbit in any pet shop, retail business, or other commercial establishment located in San Diego. But the ordinance allows for these establishments to sell animals (1) obtained from a city or county animal shelter or animal control agency, humane society, or nonprofit rescue organization or (2) bred on the premises. It also allows them to maintain certain animals on their premises for the purpose of public adoptions.
Retail pet stores usually obtain their dogs from a number of sources, including breeders regulated by the U.S. Department of Agriculture and smaller, hobby breeders who are not subject to federal regulation, according to the Pet Industry Joint Advisory Council, which represents pet stores across the country. (See OLR Research Report 2013-R-0309 for information about breeders.) Animal advocates, including the Humane Society of the United States, believe that pet stores obtain many of their animals from “puppy mills” and “kitten factories,” places where dogs and cats are bred and raised in cramped, unhealthy, inhumane conditions.
MUNICIPALITIES THAT BAN PET STORE SALES OF ANIMALS
At least 28 U.S. municipalities have ordinances banning the retail sale of live animals (usually dogs and cats), based on information the Humane Society of the United States provided us. Thirteen of these municipalities are in California; seven in Florida; four in New Jersey; and the rest are in Texas, Colorado, and New Mexico.
Table 1 lists each municipality, the ordinance citation, the year the ordinance was enacted, and the animals that are banned.
Table 1: U.S. Municipalities that Have Banned the Retail Sale of Pets
| City and State | Ordinance § | Year Enacted | Pet Store Animal Sales Banned |
| Albuquerque, New Mexico | 9-2-4-4 | 2010 | “Companion animals,” defined as cats and dogs |
| Alisa Viejo, California | 6.02.120 | 2012 | Cats and dogs |
| Austin, Texas | 3-2-3 | 2010 | Cats and dogs |
| Brick, New Jersey | 98-70 | 2012 | Cats and dogs |
| Burbank, California | 5-1-1439 | 2012 | Cats and dogs |
| Chula Vista, California | 6.08.108 | 2012 | Cats and dogs |
| Coral Gables, Florida | 10-33 | 2011 | Dogs |
| Dana Point, California | 10.10.140 | 2012 | Cats and dogs |
| El Paso, Texas | 7.14.020 | 2010 (took effect 2011) | Cats and dogs |
| Flagler Beach, Florida | 5-17 | 2011 | Live animals |
| Fountain, Colorado | 6.04.100 | 2011 | Cats and dogs |
| Glendale, California | 6.10.020 | 2011 | Cats and dogs |
| Hallandale, Florida | 6-12 | 2012 | Cats and dogs |
| Hermosa Beach, California | 6.16.020 | 2010 | Cats and dogs |
| Hoboken, New Jersey | 93.15 | 2013 | Cats and dogs |
| Huntington Beach, California | 7.12.180 | 2012 | Cats and dogs |
| Irvine, California | 4-5-506 | 2011 | Cats and dogs |
| Laguna Beach, California | 6.12.160 | 2012 | Cats and dogs |
| Lake Worth, Florida | 6-8 | 2011 | Cats and dogs |
| Lauderdale Lakes, Florida | 10-36 | 2011 | Dogs |
| Los Angeles, California | 53.73 | 2012 | Cats, dogs, and rabbits |
| Manasquan, New Jersey | 5-12 | 2012 | Cats and dogs |
| North Bay Village, Florida | 91.11 | 2011 | Dogs |
| Opa-Locka, Florida | 5-35 | 2011 | Dogs |
| Point Pleasant Beach, New Jersey | 5-23.2 | 2012 | Cats, dogs, and other mammals (other than hamsters, guinea pigs, mice, rabbits, gerbils, rats, and ferrets) |
| San Diego, California | 42.0706 | 2013 | Cats, dogs, and rabbits |
| South Lake Tahoe, California | 32-31.1 | 2009 (took effect in 2011) | Cats and dogs |
| West Hollywood, California | 9.50.020 | 2010 | Cats and dogs |
SAN DIEGO, CALIFORNIA ORDINANCE
On August 5, 2013, the San Diego, California city council passed an ordinance to prohibit, with certain exceptions, the retail sale of dogs, cats, and rabbits within the city. It takes effect on September 4, 2013 (30 days after passage) and is available here: http://docs.sandiego.gov/council_reso_ordinance/rao2013/O-20280.pdf.
The ordinance makes it unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog, cat, or rabbit in any pet shop, retail business, or other commercial establishment (collectively “establishments”) located in San Diego. But these establishments may sell dogs, cats, and rabbits obtained from a city or county animal shelter or animal control agency, a humane society, or a nonprofit rescue organization.
All establishments selling dogs, cats, or rabbits must maintain a “certificate of source” for each of the animals and make it available upon request to animal control officers, law enforcement, code compliance officials, or other city employees enforcing the ordinance. A “certificate of source” is a document from the city or county animal shelter or animal control agency, humane society, or nonprofit rescue organization declaring it is the source of the animal.
The ordinance does not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they were bred and reared.
Additionally, the ordinance states that it does not prevent the owner, operator, or employees of an establishment from (1) providing space and appropriate care for animals owned by a city or county animal shelter or animal control agency, humane society, or nonprofit rescue organization and (2) maintaining those animals at the establishment for the purpose of a public adoption.
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