Bill No.
50-14
Concerning: Animal Control - Retail Pet
Stores
Revised: 10/1712014
Draft No. 2
Introduced:
October 28. 2014
Enacted:
March 3 2015
Executive:
March 13 2015
Effective:
June 12 2015
Sunset Date: _N'""o,,.n..,,e'-------
Ch.
_9_,
Laws
of Mont Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council Vice President Leventhal and Council.members Navarro,
Branson, Riemer, Berliner, Eirich, Rice, Katz, Hucker, and Floreen
AN ACT
to:
(1)
(2)
prohibit certain retail pet stores from selling certain animals bred in
certain
breeding
facilities; and
generally amend County
animal
control law.
By adding
Montgomery County Code
Chapter 5, Animal Control
Article
V
Sections 5-405, 5-406, and 5-407
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill
Deletedfrom existing
law
by original bill.
Added by amendment.
Deletedfrom existing
law
or the bill by amendment
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL NO. 50-14
l
Sec. 1. Article V (Sections 5-405, 5-406, and 5-407)
is
added as follows:
Article V. Retail Sale of Dogs and Cats
5-405. Legislative Findings.
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The County Council finds and declares that:
(!!}
A significant number of puppies and kittens sold at retail pet stores
throughout the United States 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."
produce~
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respectively). According to The Humane Society of the United States,
it is estimated that 10.000 puppy mills
than 2.400,000
puppies
.!!:
year in the United States and that most dogs and cats sold in
retail pet stores come from puppy and kitten mills.
ili}
The documented abuses endemic to puppy and kitten mills include
over-breeding, inbreeding, minimal to non-existent veterinazy care,
lack of adequate and nutritious food, water or shelter, lack of
socialization. lack of adequate space, and lack of adequate exercise.
(£}
The inhumane conditions in puppy and kitten mill facilities lead to
health and behavioral issues in the animals bred in those facilities.
However, many consumers are unaware of these issues when
purchasing animals from retail pet stores because of
.!!:
lack of
education on the issue and misleading tactics of retail pet stores in
some cases. These health and behavioral issues, which may not
present themselves until after the purchase of the animal, can impose
exorbitant financial and emotional costs on consumers.
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@
Current Federal, State and County regulations do not properly address
the sale of puppy and kitten mill dogs and cats in Montgomery County
retail pet stores.
-2-
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BILL No. 50-14
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.@}
Restricting the retail sale of puppies and kittens to only those that are
sourced from shelters or rescue organizations 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.
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ill
Due in large part to pet ovemopulation, .!!: state task force recently
found that 45.000 dogs and cats are euthanized in Maryland animal
shelters annually, at an estimated cost of $8 to
.2
million each year.
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Restricting the retail sale of puppies and kittens to only those that are
sourced from animal shelters and rescue organizations will likely
reduce pet ovemopulation and thus the burden on such agencies and
financial costs on County taxpayers.
(g}
Across the country. thousands of independent retail pet stores as well
as large chains operate profitably with .!!: business model focused on
the sale of pet services and supplies and not on the sale of dogs and
cats. Many of these shops collaborate with local animal shelters and
rescue organizations to offer space and support for showcasing
adoptable homeless pets on their premises.
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®
lbis law will not affect a consumer's ability to obtain.!!: dog or cat of
his or her choice directly from .!!: breed-specific rescue organization or
.!!: shelter, or from .!!: hobby breeder where the consumer can see
directly the conditions in which the dogs or cats are bred. or can
confer directly with the hobby breeder concerning those conditions.
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ill
The County Council believes
it
is in the best interests of the County to
adopt reasonable regulations to reduce costs to the County and its
residents, protect the citizens of the County who may purchase cats or
dogs from
.!!:
retail pet store or other business establishment, help
-3-
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BILL No. 50-14
55
prevent
inhumane
breeding
conditions,
promote
community
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awareness of animal welfare, and foster
~
more humane environment
in the County.
5-406. Definitions.
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In
this Article, the following words have the meanings indicated:
Animal care
facility
means an animal shelter maintained
Qy.
or under
contract
with.
any state. county, or municipality, and whose mission and
practice
.!§.
in whole or significant part. the rescue and placement of animals
in permanent homes.
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Cat
means any individual of the species of the domestic cat, felis catus.
Dog
means any individual of the species of the domestic dog, canis lupus
familiaris, or any resultant hybrid.
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Non-profit rescue organization
means
~
non-profit organization that has tax
exempt status under Section 501Cc)(3) of the Internal Revenue Code, and
whose mission and practice
!§...
in whole or in significant
ruirt..
the rescue and
placement of animals in permanent homes.
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Qfkr.
for sale
means to display, sell, deliver, offer for sale or adoption,
advertise for the sale
Qf.
barter, auction, give away, or otherwise dispose
of~
dog or cat.
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Retail pet store
means
~
store that is required to comply
with
Title 19.
Subtitle
Z
of the Business Regulation Article of the Marvland Code.
5-407. Retail Sale of Dogs and Cats.
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A retail pet store must not offer for sale any dog or cat unless the retail pet
store obtained that dog or cat from:
W.
Oil
an animal care facility; or
a non-profit rescue organization.
-4-
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BILL
No.
50-14
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Approved:
~l~
George Leventhal, President, County Council
Approved:
JjCjfktS
~,
Date
~M,
This is a co"ect copy ofCouncil action.
j}/Af_
13/:2017
Date
In.~
~
Clerk of the Council
Linda M. Lauer,
3fu.).r
Date
-5-