§ 5-10. Requirements for sales of dogs and cats.

(a)

Designation and Legislative Intent. This ordinance shall be designated and known as the "Miami-Dade Puppy Mill Cruelty Prevention Ordinance." The Board of County Commissioners for Miami-Dade County, Florida, hereby declares and finds that puppy mills and kitten factories are inhumane and unsanitary commercial breeding facilities in which the health of the animals is disregarded to maintain a low overhead and maximize profits, with documented and widespread instances of: unsanitary conditions leading to infectious diseases; overcrowding in cages of large numbers of animals; a consistent lack of proper veterinary care for severe illnesses and injuries; a consistent lack of protection from harsh weather conditions; and a consistent lack of adequate food and water. The Board further declares and finds that animals from mills often face an array of communicable diseases, genetic disorders, and other health problems that may present immediately after sale or not until several years later, and that lead to costly veterinary bills and distress to consumers. The Board further finds that stopping puppy mills and kitten factories, many of which are located outside the County's enforcement jurisdiction, requires discouraging the purchase and sale of puppies and kittens produced at these inhumane facilities. In addition, the County has a pet overpopulation problem that results in many dogs and cats being abandoned at the County's Animal Shelter, and it is the policy of this Board to encourage the adoption of abandoned pets rather than adding new pets to the local population. For these reasons, the Board finds that it is reasonable and necessary to provide the following minimum standards governing the sale of dogs and cats to protect the health, safety, and welfare of both animals and pet owners.

(b)

Permitted Sources. After December 31, 2014, pet dealers and pet shops shall not display, sell, trade, deliver, barter, lease, rent, auction, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in Miami-Dade County, unless the pet dealer or pet shop certifies that the dog or cat comes from one of the following sources:

(1)

A breeder that is registered in accordance with this chapter, or an out-of-County breeder that complies with the standards of care set forth in Section 5-9 of this chapter; or

(2)

A public animal shelter, as defined in this chapter; or

(3)

An animal rescue organization, as defined in this chapter; or

(4)

A hobby breeder registered in accordance with this chapter, or an out-of-County person or entity that either: (a) has a similar registration in his or her home jurisdiction; or (b) that resides in a jurisdiction that does not offer such registration but otherwise meets the definition of "hobby breeder" as set forth in Section 5-1 of this chapter.

(5)

Enforcement. A pet shop or pet dealer who relies on the representations of an out-of-County source to show compliance with the requirements of this section shall not be subject to monetary penalties for a first-time violation of this section if the source is later discovered not to comply with these requirements, so long as the pet shop or pet dealer shows: (i) that it relied on the source's representations in good faith; and (ii) that it immediately ceased obtaining animals from that source upon learning of the source's non-compliance. Subsequent violations of this source requirement may subject the pet shop or pet dealer to monetary penalties, in addition to any other penalties that may be imposed.

(c)

Certificate of Source. A pet dealer or pet shop shall post and maintain a certificate of source of each dog or cat offered for sale or transfer and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat. The certificate of source shall be posted on or within three (3) feet of the primary enclosure of the identified dog or cat.

(d)

Tests, vaccines, and anthelmintics required for dogs. Before a dog is offered for sale it shall receive from a veterinarian vaccines and anthelmintics against the following diseases and internal parasites:

(1)

Canine distemper.

(2)

Leptospirosis.

(3)

Bordetella (which shall be administered in the State of Florida once before sale by intranasal inoculation or by an alternative method of administration if deemed necessary by the attending veterinarian and noted on the official certificate of veterinary inspection).

(4)

Parainfluenza.

(5)

Hepatitis.

(6)

Canine parvo.

(7)

Rabies, if the dog is four (4) months of age or older and the inoculation is administered by a veterinarian.

(8)

Roundworm.

(9)

Hookworm.

(10)

Whipworm.

Each dog over six (6) months of age shall be tested for heartworm before being offered for sale.

(e)

Tests, vaccines, and anthelmintics required for cats. Before a cat is offered for sale it shall receive from a veterinarian vaccines and anthelmintics against the following diseases and internal parasites:

(1)

Panleukopenia.

(2)

Feline viral rhinotracheitis.

(3)

Calici virus.

(4)

Rabies, if the cat is four (4) months of age or older and the inoculation is administered by a veterinarian.

(5)

Hookworm.

(6)

Roundworm.

Each cat shall also be tested for feline leukemia virus and feline immunodeficiency virus (FIV) before being offered for sale.

(f)

The tests, vaccines, and anthelmintics shall be administered prior to the dog or cat being offered for sale, unless a veterinarian certifies on the official certification of veterinary inspection that to vaccinate or deworm the dog or cat is not in the best medical interest of the dog or cat, in which case the vaccine or anthelmintic may not be administered to that particular dog or cat.

(g)

If the dog or cat is under four (4) months of age, the tests, vaccines, and anthelmintics required by this section shall be administered no more than twenty-one (21) days before sale within the County. If the dog or cat is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this section shall be administered at or after three (3) months of age, but no more than one (1) year before the sale.

(h)

Microchip required. All dogs and cats sold in the County shall have a microchip implanted prior to sale. The seller shall register the microchip with the national registry associated with the microchip and shall provide the microchip number and other identifying information to the Department. The seller shall also notify the Department and the applicable national registry within 48 hours of the sale of the dog or cat and shall provide the name, address, and telephone number of the new owner of the dog or cat.

(i)

Certificate of Veterinary Inspection. Each dog and cat shall be accompanied by an original current official certificate of veterinary inspection at all times while being offered for sale within the County. The buyer shall receive the original certificate. Copies of these certificates shall be held by the seller and the veterinarian for a period of three (3) years.

(j)

The examination of each dog and cat by a veterinarian shall take place no more than thirty (30) days before the sale within the County.

(k)

No person may offer to sell or transfer any dog or cat that is less than eight (8) weeks of age.

(l)

Exemptions. Public animal shelters and animal rescue organizations shall be exempt from the requirements of this section.

(m)

Municipal regulations authorized. Any municipality may adopt or enforce additional regulations governing the sales of animals within the boundaries of such municipality; provided that any such municipal regulation shall not be less restrictive than the provisions of this chapter, and that the costs of the enforcement of such additional municipal regulations shall be borne by the municipality.

(Ord. No. 08-10, § 1, 1-22-08; Ord. No. 14-76, § 3, 9-3-14)