Pembroke Park, Florida

ARTICLE II. – HOBBY BREEDERS

Sec. 4-101. – Hobby breeder permits required.

No person shall breed a dog or cat or offer a dog or cat for breeding or stud purposes without first obtaining an appropriate breeding permit issued by the Town. The cost of the permit and other related fees shall be established by the Town Commission by resolution.

Sec. 4-102. – Hobby breeder permit regulations.

(a) Hobby breeders may not breed more than two (2) litters or more than nineteen (19) dogs, cats, puppies, or kittens during a calendar year.

(b) Hobby breeders may not offer for sale, sell, trade, receive any compensation for or give away more than two (2) litters or more than nineteen (19) dogs, cats, puppies, or kittens during a calendar year.

(c) Hobby breeders must keep records for the duration of the hobby breeder permit and all permit renewals as to the birth of each litter of puppies or kittens and shall make such records available for review by the Town upon request.

(d) Hobby breeders shall keep records relating to rabies vaccinations, all other inoculations and any medical condition(s) of each dog, cat, puppy or kitten intended to be sold, given away, or otherwise conveyed.

(e) Hobby breeders shall provide the Town on a quarterly basis, the name, address, and telephone number of the new owner of any dog, cat, puppy or kitten placed in Broward County. The term quarterly basis shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31.

(f) Hobby breeders shall furnish to each new owner of a dog, cat, puppy or kitten the hobby breeder permit number so the new owner has proof and assurance that the animal was legally bred.

(g) No hobby breeders shall offer a puppy or kitten under the age of eight (8) weeks for sale, trade, other compensation or free giveaway, with the exception of animals taken to an animal shelter.

(h) Hobby breeders must recommend to each new owner that any animal sold, transferred or given away be examined by a licensed veterinarian within one (1) week of the date of transfer and notify the new owner of state requirements for rabies vaccinations.

(i) The hobby breeder’s permit number must be listed on all of the hobby breeder advertisements and literature concerning the sale or free giveaway of any dog, cat, puppy or kitten.

(j) Every hobby breeder must adhere to at least the minimum standards regarding the care and manner of keeping of animals as provided in the Pembroke Park Code of Ordinances.

(k) The Town may inspect the premises wherein an animal that is the subject of a hobby breeder permit is maintained and may examine any animal to verify compliance with the animal care requirement of this chapter. The inspection shall be limited to determine whether the hobby breeder is in compliance with the animal care requirements of the Pembroke Park Code of Ordinances. The Town may apply for a warrant pursuant to F.S. Ch. 933, in order to perform an inspection on the premises where hobby breeder is located. All reports of such inspections shall be in writing and maintained by the Town.

Sec. 4-103. – Permit duration.

A hobby breeder permit is valid for a period of one (1) calendar year and must be renewed annually. Renewal applications for permits shall be submitted within thirty (30) days prior to expiration.

Sec. 4-104. – Hobby breeder permit procedures.

(a) All persons seeking a hobby breeder permit shall apply to the Town on a form approved by the Town.

(b) The permit application shall include, but is not limited to, the following information:

(1) The name, address and telephone number of the applicant;

(2) A statement as to whether the applicant has even been convicted of the offense of cruelty to animals or had a final judgment entered against the applicant under F.S. § 828.073, or any other statute prohibiting animal neglect or mistreatment;

(3) A description (species, breed, sex, age, coloration) of each animal under the permit; and

(4) A description of the activity for which the permit is requested.

(c) If the applicant withholds or falsifies any information on the application, no permit shall be issued and any permit previously issued based on false or withheld information shall be revoked.

(d) No person previously convicted of cruelty to animals or who has had a final judgment entered against him/her pursuant to F.S. § 828.073, shall be issued a hobby breeder permit.

(e) The permit applicant shall complete an application, supply all information requested by the Town, and pay the applicable permit fee.

(f) Permit applications shall be valid for a period of thirty (30) days after filing in order for applicants to make corrections to meet minimum compliance specifications.

Sec. 4-105. – Violations.

(a) Failure to apply for a permit prior to operating as a hobby breeder shall constitute a violation of this chapter.

(b) Failure to reapply for a permit within thirty (30) days prior to the expiration of an existing permit shall constitute a violation of this chapter.

(c) Refusal to allow a Town Code Enforcement Officer or Law Enforcement Officer to inspect an animal or the premises as provided in this chapter shall constitute a violation of this chapter.

(d) It shall be a violation of this chapter to counterfeit a hobby breeder permit or official certificate of veterinary inspection or to maliciously destroy a hobby breeder permit.

Sec. 4-106. – Permit denial, revocation, and suspension.

The Town may deny, revoke or suspend any hobby breeder permit and if it is determined that:

(a) There has been a material misstatement or misrepresentation in the permit application;

(b) The applicant/permit holder has been found in violation for at least three (3) provisions of this chapter within a two-year period, each resulting in the imposition of a fine:

(c) The applicant/permit holder has failed to pay a fine or to request a hearing in county court to answer the charges of a citation related to this chapter within ninety (90) days of issuance of the violation;

(d) The applicant/permit holder or his/her agent has been convicted of a violation of law involving cruelty to animals or has had a final judgment entered against him/her pursuant to F.S. § 828.073; or

(e) An animal under the care and responsibility of an applicant/permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in unnecessary suffering, pain or death.

Sec. 4-107. – Appeal process.

(a) Any applicant or permit holder who has been denied a permit or whose permit has been revoked or suspended may appeal this action to Town Code Enforcement Board within the ten-day period after the Town originates the adverse action. A written notice of appeal and appropriate nonrefundable filing fee must be filed with the Town within ten (10) days of the notice of adverse action.

(b) The appeal will be heard by the Code Enforcement Board within forty-five (45) calendar days after the applicant or permit holder has submitted a notice of appeal. The hearing on the appeal may be continued by the Town, or the applicant or permit holder beyond the forty-five (45) calendar days for good cause shown.

(c) The hearing before the Code Enforcement Board will be informal. All testimony before the Code Enforcement Board shall be under oath and shall be recorded. The formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Upon determination of the Code Enforcement Board, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the state. Any part of the evidence may be received in written form. The Code Enforcement Board may question any witness present at the hearing. The applicant/permit holder or his/her attorney and animal care officer(s) or the attorney representing the Town shall be permitted to inquire of any witness present at the hearing. The Code Enforcement Board may consider testimony presented by the applicant/permit holder, animal care officer(s), or any other witness.

(d) The denial, revocation or suspension of the permit shall be upheld or reversed by the Code Enforcement Board.

(e) All decisions by the Code Enforcement Board shall be final and reviewable by writ of certiorari to the circuit court in and for Broward County, Florida.

(f) The Code Enforcement Board shall provide the applicant or permit holder with written notice of its decision.

Sec. 4-108. – Requirements following notice of adverse action and/or appeal process.

(a) If the notice of adverse action of denial, revocation or suspension of a hobby breeder permit is not appealed, the applicant or permit holder shall come into compliance with this chapter within ten (10) days after the notice of adverse action.

(b) Any person who has been denied a permit upon initial application may not reapply for a period of thirty (30) days.

(c) Any person whose permit has been revoked may not reapply for a period of one (1) year. Each reapplication for a permit shall be accompanied by a fee to be established by resolution of Town Commissioners. No part of the reapplication fee shall be refunded.

(d) The Town shall waive the annual hobby breeder permit fee for any person/applicant who applies for a hobby breeder permit within ninety (90) days of moving into the county and provides acceptable proof to the Town of such relocation.