The text
Sec. 4-144. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial establishment means any enterprise, including a sole proprietorship, engaged in the retail or wholesale commerce of the buying or selling of dogs and cats.
Nonprofit rescue organization means any state nonprofit corporation that is exempt from taxation under Internal Revenue Code section 501(c)(3) whose mission and practice is, in whole and significant part, the rescue and placement of dogs or cats, or any nonprofit organization that is not exempt from taxation under Internal Revenue Code section 501(c)(3) but is currently an active rescue partner with the town shelter or Humane Society, whose mission is, in whole or significant part, the rescue and placement of dogs or cats.
Pet shop means any for-profit business or enterprise engaged in retail or wholesale commerce related to dogs and cats, including grooming parlors, canine day care and boarding facilities or any temporary or permanent establishment where animals are bought, sold, exchanged or offered for sale or exchange to the general public at retail; provided, however, that licensed cat breeders as provided for in section 4-32 hereof and holders of kennel licenses as provided for in section 4-50 are exempted from the provisions of this article.
(Code 1970, § 4-61; Ord. No. 2018-4, 2-27-2018)
Sec. 4-145. - Pet shop license required; commercial sale of dogs and cats.#
(a)
Licenses required. No person shall operate a pet shop in the town without first obtaining a state pet shop license, as provided in G.L. 1956, § 4-19-5, and a town pet shop license.
(b)
Prohibited sales. It is unlawful for any pet shop or commercial establishment to display, offer for sale, deliver, barter, auction, give away, transfer or sell any live dog or cat in any pet store or commercial establishment located in the town.
(c)
Exemption for keeping of rescued animals. Nothing in this section shall prevent a pet store or commercial establishment located in the town from providing space and appropriate care for animals owned by a municipal animal shelter or animal control agency, Humane Society or nonprofit rescue organization and maintaining those animals in the pet store or commercial establishment for purposes of public adoption.
(d)
Exemption for commercial establishment existing as of adoption of provisions. Any pet shop or commercial establishment licensed to operate in the town at the time of the adoption of the ordinance from which this article is derived is exempt from the provisions hereof.
(e)
Violations and penalties. Any person or entity who violates this section shall be subject to a fine of not more than $500.00 for each offense, and each day of violation constitutes a separate offense.
(Code 1970, §§ 4-62—4-65; Ord. No. 2018-4, 2-27-2018; Ord. No. 2023-17, 6-20-2023)
State Law reference— State licensure, G.L. 1956, § 4-19-9.