Prohibit The Sale of Dogs and Cats in Retail Stores in Dane County, WI

The proposed ordinance is to promote the health, safety and welfare of the public and local pet population by reducing the number of unwanted dogs and cats entering the Dane County Humane Society and local dog rescues, and surrounding community shelters and rescues.

The citizens request that Dane County adopt more aggressive pet overpopulation control measures and protect the well being and welfare of all animals, and be a model, progressive county in which other counties in Wisconsin and across the country can emulate.

The citizens of Dane County recognize that the overpopulation of dogs and cats is exacerbated by the reckless breeding of dogs and cats for the sole purpose of profit over animal welfare. Implementing regulations relating to the retail sale of these animals will decrease the number of animals entering the Dane County Humane Society as well as other shelters and rescues in adjoining communities.

The Proposed Ordinance is as follows:

Sale of Dogs and Cats at Retail Stores
Sale of Non-Shelter-Obtained Animals Prohibited

Definitions.

a. “Companion Animal” means any nonhuman animal owned, possessed by, cared for, or controlled by a person, who is treated by that person or another as a pet companion, or member of the family.

b. “Companion Animal Store” means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, companion animals. A person who sells or transfers only companion animals that were bred and raised directly by that person, shall be considered a companion animal breeder and not a companion animal store.

c. “Animal shelter" means a municipal 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.

d. “Certificate of source" means a document declaring the source of the companion animal sold or transferred, or offered for sale or transfer by the companion animal store. The certificate shall include the name and address of the source of the companion animal and shall be signed by both the companion animal store certifying the accuracy of the certificate, and by the purchaser or transferee of the companion animal acknowledging receipt of the certificate.

II. Sale or transfer of dogs and cats.
No companion animal store shall sell or transfer, or offer for sale or transfer, any dog or cat, unless the animal has been obtained by the companion animal store from an animal shelter or animal rescue organization.

III. Certificate of source.
A companion animal store shall post and maintain in a conspicuous place, on or within three feet of each animal's kennel, cage or enclosure, a certificate of source for 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 sold or transferred.

IV. Violations; enforcement damages.

a. Any person who commits an act in violation of this chapter is guilty of a misdemeanor and may be prosecuted for such violation pursuant to Section *** of this code. Alternatively, a violation of this chapter may be charged as an infraction pursuant to Section *** of this code in which case, upon conviction, the person shall be punishable as provided in Section *** of this code.

b. The city may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter.

c. A companion animal store found to have falsified a certificate of source shall pay $2,500 in damages to each recipient of such falsified certificate.