9.50.020 Retail Sale of Dogs and Cats.

          a.   Definitions. For purposes of this chapter, the following definitions shall apply:

                1.   “Animal shelter” means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals.

                2.   “Cat” means an animal of the Felidae family of the order Carnivora.

                3.   “Certificate of source” means a document declaring the source of the dog or cat sold or transferred by the pet store.  The certificate shall include the name and address of the source of the dog or cat.

                4.   “Dog” means an animal of the Canidae family of the order Carnivora.

                5.   “Existing pet store” means any pet store or pet store operator that displayed, sold, delivered, offered for sale, offered for adoption, bartered, auctioned, gave away, or otherwise transferred cats or dogs in the City of West Hollywood on the effective date of this chapter, and complied with all applicable provisions of the West Hollywood Municipal Code.

                6.   “Pet store” means a retail establishment open to the public and engaging in the business of offering for sale and/or selling animals at retail.

                7.   “Pet store operator” means a person who owns or operates a pet store, or both.

                8.   “Retail sale” includes display, offer for sale, offer for adoption, barter, auction, give away, or other transfer any cat or dog.

          b.   Prohibition. No pet store shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the City of West Hollywood on or after the effective date of the ordinance codified in this chapter.

          c.   Existing Pet Stores. An existing pet store may continue to display, offer for sale, offer for adoption, barter, auction, give away, or otherwise transfer cats and dogs until September 17, 2010.

          d.   Exemptions. This chapter does not apply to:

                1.   A person or establishment that sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment;

                2.   A publicly operated animal control facility or animal shelter;

                3.   A private, charitable, nonprofit humane society or animal rescue organization; or

                4.   A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store.

          e.   Adoption of Shelter and Rescue Animals. Nothing in this chapter shall prevent a pet store or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet store for the purpose of adopting those animals to the public. (Ord. 10-836 § 1, 2010)