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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retained by the pet store for three(3)years.The certification shall be made available, upon request,to animal services and other law enforcement officers. (4) It is the responsibility of the pet store operator to ensure that euthanasia is performed in compliance with this section. (5) All euthanasias shall be done out of sight of any public. (i) Microchip implants. (1) Except as provided in subsection(2), a pet store shall not sell or transfer a dog or cat to a new owner unless the dog or cat has a microchip implant containing current information on the new owner purchasing or receiving the dog or cat. (2) Notwithstanding subsection(1),this section does not require a dog or cat to be microchipped if a licensed veterinarian certifies in writing that the dog or cat is medically unfit for the microchip implanting procedure because the dog or cat has a physical condition that would be substantially aggravated by the procedure.The dog or cat's age shall not per se constitute medical unfitness. (j) Domestic-born animals.A pet store shall not offer to sell or transfer or sell or transfer an animal that was born outside of the territorial limits of the United States of America. (k) Inspections.Animal services shall inspect each pet store offering dogs or cats for sale at least once per calendar quarter and all other pet stores at least once per year, except that animal services shall inspect any pet store more frequently if deemed necessary by animal services. (1) Enforcement. (1) A person,who is a pet store operator, employee,or representative, commits an offense if he/she transfers ownership or offers to transfer ownership of any animal without first obtaining or maintaining a pet store permit. Each animal sold or offered for sale in violation of this subsection shall constitute a separate violation. It is an affirmative defense to prosecution under subsection(1)if the transfer of ownership or offer to transfer ownership of the animal was a private owned animal sale. (2) A person,who is a pet store operator,employee, or representative, commits an offense if he/she holds a permit issued under this subsection(e)and refuses access, upon request of animal services or other law enforcement officer,to any portion of the premises that house or are used to service the animals, equipment,and any required registrations,veterinary records,feeding logs, permits or other records required under this subsection(e)or other law during regular business hours or otherwise interferes with animal services or other law enforcement officer in the performance of their duties. (3) A person,who is a pet store operator, employee,or representative,commits an offense if he/she holds a permit issued under this subsection(e)and fails to meet the requirements set forth in this subsection (e)or chapter (4) A person,who is a pet store operator, employee,or representative,commits an offense if he/she holds a permit issued under this subsection and fails to meet the requirements set forth in this subsection or chapter 6. Each separate violation shall constitute a separate offense. Each animal sold or offered for sale in violation of subsection or chapter 6 shall constitute a separate violation. (5) The city may recover a civil penalty of not more than$1,000.00 per day for each violation of any provision of this subsection if the city proves that: a. The person was actually notified of the provisions of this subsection:and b. After the person received notice of the provisions of this subsection,the person committed acts in violation of the provisions of this subsection or failed to take action necessary for compliance with the provisions of this subsection. Created: 2022-03-03 11:27:12 [EST] (Supp.No.34,Update 4) Page 31 of 40