§ 5-11. Prohibiting selling animals on roadside, garage sales, flea markets and festivals.

(a)

It shall be unlawful for any person to sell, trade, barter, lease, rent, or give away, any animal on any roadside, public right-of-way, commercial parking lot, garage sale, flea market, festival, park, community center or outdoor public place.

(b)

It shall be unlawful for any manager, operator or property owner to allow the conduct described in subsection (a).

(c)

This section shall not apply to any tax-exempt non-profit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals that have an active rescue group license.

(d)

Any animal being sold, traded, bartered, leased, rented, or being given away on any roadside, public right-of-way, commercial parking lot, garage sale, flea market, festival, park, community center or outdoor public place shall be subject to seizure and impoundment at the discretion of the investigating animal care officer. Upon impoundment, a notice of violation will be provided to the animal owner. Animals impounded under this section may be reclaimed by the owner within five (5) days excluding the day of impoundment and any days the animal care services facility is not opened. Animals not reclaimed within this period shall thereafter become the property of the city and be subject to adoption, rescue, foster or humanely euthanized at the discretion of the department. Applicable impoundment fees for each animal reclaimed shall be paid.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10; Ord. No. 2017-10-05-0755 , § 1, 10-5-17)