[Adopted 10-5-2016 by L.L. No. 8-2016]
The following terms used in this article shall have the following
definitions:
A retail establishment where dogs and cats are sold, exchanged,
bartered or offered for sale as pet animals to the general public
at retail.
A New York State nonprofit corporation that is exempt from
taxation under Internal Revenue Code § 501(c)(3), participates
in early age spay/neuter of animals, complies with state and local
laws regarding the humane treatment of animals, and whose mission
and practice is, in whole or in significant part, the rescue and placement
of dogs and/or cats.
It shall be unlawful for any person to sell any live dog or
cat in any pet store, retail business or other commercial establishment
located in the Village of Port Chester, unless the dog or cat was
obtained from an animal shelter or a humane society located in the
County of Westchester, or a nonprofit rescue and humane organization
registered with the New York State Department of Agriculture.
A.
Any person who violates the provisions of this section or any of
the rules promulgated thereunder shall, for a first offense, be guilty
of a violation punishable by a fine no more than $250. For a second
offense, within a continuous twelve-month period, such person shall
be guilty of a violation punishable by a fine no more than $500. For
a third, or any subsequent offense, within a continuous twelve-month
period starting from the first offense, such person shall be guilty
of a Class B misdemeanor punishable by a fine no more than $500 or
by imprisonment of no more than three months, or both.
B.
In the alternative to such criminal penalties, any person who violates
this section may be liable for a civil penalty of no more than $250
for the first offense and $500 for any subsequent offense.
C.
Each animal sold in violation of this article shall constitute a
separate and distinct violation.
D.
The Village Attorney shall be authorized to bring a proceeding against
a responsible party(ies) in a court of competent jurisdiction to enforce
this article.
