ORDINANCE 68 -18

AN ORDINANCE AMENDING THE CITY OF CAPE CORAL CODE OF ORDINANCES,
CHAPTER 12, "OFFENSES AND MISCELLANEOUS PROVISIONS", BY CREATING
ARTICLE XIII, "RETAIL SALE OF DOGS AND CATS PROHIBITED", SECTION 12-128,
PERTAINING TO PROHIBITING THE RETAIL SALE OF DOGS AND CATS IN THE CITY
OF CAPE CORAL; PROVIDING FOR DEFINTIONS; PROVIDING FOR PROHIBITION;
PROVIDING FOR DISCLOSURES; PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 2, Constitution of the state of Florida, and Chapter 166,
Florida Statutes, the Cape Coral City Council ("Council") is authorized to adopt ordinances, except as
otherwise provided by law; and
WHEREAS, the humane treatment of animals is an important public purpose: and
WHEREAS, according to the Humane Society of the United States ("HSUS"), a significant number of
puppies and kittens sold at retail pet stores come from large-scale, commercial breeding facilities where
the health and welfare of the animals are not adequately provided for ("puppy mills" and "kitten mills"
respectively). The HSUS estimates that 10,000 puppy mills produce more than 2,400,000 puppies per
year in the Unites States and that most retail pet store dogs and cats come from puppy mills and kitten
mills; and
WHEREAS, according to United States Department of Agriculture reports, documented problems
found at puppy and kitten mills include: (1) sanitation problems leading to infectious diseases; (2) large
numbers of animals overcrowded in cages; (3) lack of proper veterinary care for severe illnesses and
injuries; (4) lack of protection from harsh weather conditions; and (5) lack of adequate food and water;
and
WHEREAS, according to the HSUS, although pet consumers purchase dogs and cats believing the pets
to be healthy and genetically sound, in reality, animals that come from puppy and kitten mills often face
an array of health problems, including not only communicable diseases or genetic disorders that present
immediately after sale, but also diseases or disorders that do not surface until several years later, all of
which lead to costly veterinary bills and emotional distress to consumers; and
WHEREAS, the most effective way to stop puppy and kitten mills is to discourage the purchase and sale
of puppies and kittens produced at these inhumane facilities; and
WHEREAS, while the Council recognizes that not all dogs and cats sold in pet stores are products of
inhumane breeding conditions, puppy and kitten mills continue to exist in part due to the supply and
demand of dogs and cats offered for retail sale at pet stores; and
WHEREAS, numerous alternatives exist for people to find pets, including adoption of animals from
public and private animal rescue organizations or purchase from reputable and conscientious breeders;
and
WHEREAS, prohibiting the retail sale of dogs and cats is likely to decrease the demand for puppies and
kittens bred in puppy and kitten mills, and is likely to increase demand for animals from animal shelters
and rescue organizations; and
WHEREAS, according to the HSUS, across the country, thousands of independent pet stores as well as
large chains operate profitably with a business model focused on the sale of pet services and supplies and
not on the sale of dogs and cats. Many of these pet stores collaborate with local animal shelters and
rescue organizations to offer space and support for showcasing adoptable homeless pets on their
premises; and
WHEREAS, the Council believes that prohibiting the retail sale of dogs and cats in the City will promote
community awareness of animal welfare and, in tum, will foster a more humane environment for animals;
and
WHEREAS, the Council believes that the prohibition of the retail sale of dogs and cats in pet stores in
the City will reduce impulse purchases of pets, which can lead to abandonment or mistreatment of animals
once they have outgrown their initial puppy or kitten appeal, and encourage pet consumers to adopt dogs

 and cats from shelters, thereby savings animals' lives and reducing the cost to the public of sheltering
animals; and
WHEREAS, the Council hereby finds that this ordinance is in the best interest of the public health, safety,
and welfare.
NOW, THEREFORE, THE CITY OF CAPE CORAL, FLORIDA, HEREBY ORDAINS THIS
ORDINANCE AS FOLLOWS:

SECTION 1. The City of Cape Coral Code of Ordinances, Chapter 12, Article XIII, Section 12-128,
is hereby created to read as follows:

CHAPTER 12: - OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE XIII: - RETAIL SALE OF DOGS AND CATS PROHIBITED

§ 12-128 Retail sale of dogs and cats prohibited.

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D~finitions. For the purpose of this article. the following definitions shall apply unless the
context clearly indicates or requires a different meaning:

Animal care facilitvmean s an animal control center or animal shelter. maintained by or under
contract with any state. county. or municipality; whose mission and practice is. in whole. or in
significant part. the rescue. care> and placement of animals in permanent homes or with rescue
organizations; and which does not breed animals.
Animal rescue organization means a humane society or other duly incorporated nonprofit
organization. which has tax exempt status under Section 501 (c)(3) of the United States Internal
Revenue Code; whose mission and practice is. in whole. or in significant part. the rescue. care.
and placement of animals in permanent homes; and which does not breed animals.
Cat means an animal of any age of the species of domestic cat. F elis catus.
Dog means an animal of any age of the species of domestic dog. Canis familiaris.
Pet store means a retail establishment in which dogs and cats are sold. exchanged. bartered.
or offered for sale as pets to the general public. Such definition shall not include an animal
care facility. animal rescue organization> or a non-retail establishment at which the only dogs
and cats sold>exchanged> bartered> or offered for sale were bred or reared on the premises of
such establishment.
Pet store operator means a person who owns or operates a pet store.

Prohibition. No pet store shall sell> display> offer for sak deliver> trade> barter> lease> auction>
give away> or otherwise transfer or dispose of dogs or cats. Nothing in this section shall
prohibit pet stores from collaborating with animal care facilities or animal rescue organizations
to offer space for such entities to showcase adoptable dogs and cats to the public .

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Disclosures. A pet store that provides space for the adoption of dogs or cats shall post in a
conspicuous location on the cage or enclosure of each such animaL a sign stating the name of
the animal care facility or animal rescue organization that owns the dog or cat offered for
adoption.

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Enforcement and penalties.

.(1)

Failure to comply with this Section 12-128 shall constitute a violation of Section 12128 and shall subject the pet store operator to the code enforcement provisions and
procedures provided in Sections 2-81 through 2-96> Cape Coral Code of Ordinances.
Violations of this Section 12-128 shall be punishable by a fine in the amount $250.00
for a first violation> and $500.00 for any subsequent violation occurring within one (1)
year after a finding of a violation of the previous offense.

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 .(2)

The City may also initiate a civil action in a court of competent jurisdiction to enjoin
any violation of this section.

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Each dog or cat sold> displayed> offered for sak delivered> traded> bartered> leased>
auctioned> given away> or otherwise transferred in violation of this section shall
constitute a separate and distinct offense. Each failure to post a sign for an individual
dog or cat as required by this section shall constitute a separate and distinct offense.

SECTION 2. Severability. In the event that any portion or Section of this ordinance is determined
to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no
manner affect the remaining portions or Sections of this ordinance which shall remain in full force
and effect.
SECTION 3. Effective Date. This ordinance shall become effective immediately after its adoption
by the Cape Coral City Council.
ADOPTED BY THE COUNCIL OF THE CITY OF CAPE CORAL AT ITS REGULAR
SESSION THIS
DAY OF
, 2018.

JOE COVIELLO, MAYOR

VOTE OF MAYOR AND COUNCILMEMBERS:
COVIELLO
GUNTER
CARIOSCIA
STOUT

NELSON
STOKES
WILLIAMS
COSDEN

ATTESTED TO AND FILED IN MY OFFICE THIS _ _ _ DAY OF _ _ _ _ __
2018.

REBECCA VAN DEUTEKOM
CITY CLERK

JOH
ACLERIO, III
ASSISTANT CITY ATTORNEY
O rd / Pet Stores

9/ 4/ 18

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