§ 3-2-3. COMMERCE IN LIVE ANIMALS.

(A)

A pet trader commits an offense if the pet trader conducts a retail sale in violation of Subsections (E) through (G) of this section.

(B)

A pet trader commits an offense if the pet trader conducts an off-site retail sale.

(C)

A person commits an offense if the person sells, trades, barters, leases, rents, gives away, or displays for a commercial purpose a live animal on a roadside, public right-of-way, or commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event.

(D)

This section does not apply to:

(1)

the City of Austin animal shelter or a City of Austin animal shelter certified partner, or a not for profit 501(c)(3) animal welfare organization registered with the City; or

(2)

an event primarily for the sale of agricultural livestock such as hoofed animals or animals or fowl commonly raised for food, dairy, or fiber products; or

(3)

an adoption at which consideration is paid if it occurs at a mobile pet adoption establishment that is operated by an organization that is exempt pursuant to paragraph (D)(1) of this section.

(E)

A pet trader who exchanges a dog or cat for consideration shall pay an animal processing fee prescribed by ordinance, except that the fee is not required for a spayed female or neutered male dog or cat, or a dog or cat certified by a licensed veterinarian to be incapable of breeding or being bred.

(F)

A pet trader shall implant an identification microchip in the dog or cat before an exchange. Registration information regarding the microchip shall be provided to the new owner.

(G)

This subsection prescribes requirements for disclosure of information by a pet trader to a recipient of the dog or cat.

(1)

A pet trader shall deliver to a recipient of a dog or cat at the time of exchange the following information on a form prescribed by the city manager:

(a)

the breeder's name and address, and license information if the breeder is licensed by the United States Department of Agriculture;

(b)

the date of the dog or cat's birth;

(c)

the breed, sex, color, and identifying marks at the time of exchange, if any;

(d)

a record of each inoculation and worming treatment administered, if any, to the dog or cat, including the date of administration and the type of vaccine or worming treatment;

(e)

a record of veterinarian treatment or medication received by the dog or cat while in the possession of the pet trader including a receipt or other documentation from a licensed veterinarian documenting the dog or cat was spayed or neutered, if the dog or cat was spayed or neutered; and

(f)

a document signed by a veterinarian licensed in the State of Texas:

(i)

stating that the dog or cat has no known disease or illness that adversely affects the health of the dog or cat at the time of the exchange or that is likely to adversely affect the health of the dog or cat in the future; or

(ii)

describing any known disease or illness that is likely to adversely affect the health of the dog or cat in the future; and

(iii)

documenting that the veterinarian spayed or neutered the dog or cat, if the veterinarian performed this surgery.

(2)

A pet trader shall sign the completed form to certify the accuracy of the information, and the recipient of the dog or cat shall sign the completed form to acknowledge receipt of the information.

(3)

In addition to providing the completed and signed form to the recipient, the pet trader shall verbally disclose the information on the form to the recipient.

(4)

A pet trader shall:

(a)

retain a copy of each completed and signed form for a period of not less than two years after the exchange of the dog or cat; and

(b)

make each completed and signed form available for inspection or copying by a humane officer, animal control officer, or law enforcement officer during business hours.

Source: 1992 Code Section 3-1-8; Ord. 031009-9; Ord. 031211-11; Ord. 20080228-057; Ord. 20101216-024; Ord. 20121018-024.