Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees

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in the future, along with a statement signed and dated by a veterinarian that authorizes the sale of the dog, recommends necessary treatment, if any,and verifies that the disease, illness or condition does not require hospitalization or nonelective surgical procedures, nor is it likely to require hospitalization or nonelective surgical procedures in the future.A veterinarian statement is not required for intestinal or external parasites unless their presence makes the dog clinically ill or is likely to make the dog clinically ill.The statement shall be valid for seven days following examination of the dog by the veterinarian,and the pet store shall not sell a dog for which such statement is required unless the statement is valid as of the time of sale. For the purposes of this section, "nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of the dog,to prevent the dog from experiencing pain or discomfort,or to correct a condition that would interfere with the dog's ability to walk, run,jump,or otherwise function in a normal manner. For the purposes of this section, "clinically ill" means an illness that is apparent to a veterinarian based on observation, examination or testing of the dog,or upon a review of the medical records relating to the dog. For purposes of this section,a disease, illness or congenital or hereditary condition that adversely affects the health of a dog at the time of sale or is likely to adversely affect the health of the dog in the future shall be one that is apparent at the time of sale or that should have been known by the pet store operator from the history of veterinary treatment disclosed pursuant to this section. (6) A disclosure made pursuant to subsection (h)shall be signed by both an authorized agent of the pet store operator certifying the accuracy of the statement,and the purchaser of the dog,acknowledging receipt of the statement. (7) Maintaining records for identification purposes of the person from whom dogs, cats, rabbits or ferrets in the pet store were acquired, including that person's name,address, and telephone number and the date the animal was acquired. (8) Conspicuously posting,within close proximity to the cages of dogs,cats, rabbits or ferrets offered for sale,a notice containing the following language in 48-point type: "Information on the source of dogs, cats, rabbits or ferrets, and veterinary treatments received by these animals is available for review. Pet store operators must provide purchasers with information about the animal on a form prescribed by the City of San Marcos." (9) Unless otherwise required, all records required by this section(e)shall be maintained by the pet store on the pet store premises for two(2)years from the date of disposition of the animal,and shall be made available immediately upon request to animal services or other law enforcement officers. (h) Euthanasia. (1) If there is a determination that an animal may need to be euthanized,ensuring that the euthanasia and other veterinary treatment is provided without delay. (2) Notwithstanding subsection 1.,a rodent or rabbit intended as food for another animal may be euthanized by a pet store operator or an employee of a pet store only if the animal is euthanized by a method that is performed in a humane manner,appropriate for the species, authorized by state law, and in compliance with the American Veterinary Medical Association(AVMA)Guidelines on Euthanasia, published by the AVMA. (3) The euthanasia performed on a rodent or rabbit intended as food for another animal pursuant to subsection 2. may be performed by a pet store operator or an employee of a pet store only if a state- licensed veterinarian has certified, in writing,that the pet store operator or employee is properly trained and proficient in performing the method of euthanasia on that particular species.The certification shall be valid for a period of not more than three(3)years,and may be recertified for additional periods of three(3)years. Each certification of a pet store operator or employee shall be Created: 2022-03-03 11:27:12 [EST] (Supp.No.34,Update 4) Page 30 of 40