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CITY OF REXBURG
ORDINANCE 1336
SALE OF ANIMALS IN PUBLIC PLACES AND RETAIL STORES PROHIBITED
AN ORDINANCE PROHIBITING THE SALE OF ANIMALS IN PUBLIC PLACES;
PROVIDING EXCEPTIONS FOR ANIMAL SHELTERS, NON-PROFIT ANIMAL
RESCUE ORGANIZATIONS, AND CITY ENFORCEMENT OFFICERS;
PROHIBITING THE SALE OF DOGS AND CATS IN A RETAIL BUSINESS OR
COMMERCIAL ESTABLISHMENT IN THE CITY OF REXBURG; PROVIDING
EXCEPTIONS FOR ANIMAL SHELTERS, HUMANE SOCIETY, AND NON-
PROFIT ANIMAL RESCUE ORGANIZATIONS THAT DO NOT BREED DOGS
OR CATS FOR COMPENSATION; PROVIDING PENALTIES FOR THE VARIOUS
VIOLATIONS OF THIS ORDINANCE; AMENDING ORDINANCE NO 1225 AND
ALL OTHER ORDINANCES OR PORTIONS THEREOF IN CONFLICT
HEREWITH; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE
WHEREAS, the City of Rexburg recognizes the need to protect the health, safety, and
welfare of animals and residents within the City;
WHEREAS, prohibiting the sale of dogs and cats in public places and retail
businesses, except through reputable animal rescue organizations, is intended to reduce the
number of homeless animals and promote responsible pet ownership;
NOW THEREFORE, be it ordained by the Council of the City of Rexburg, in the
State of Idaho, as follows:
SECTION 1: REPEAL “7.03.050 Public Disposition Of Animals” of the
Rexburg Municipal Code is hereby repealed as follows:
B E F O R E R E P E A L
7.03.050 Public Disposition Of Animals
It shall be unlawful to give away animals at any place of business or on City owned land
within the city limits without first obtaining a permit from the Rexburg Police Department. The
form to be completed for approval of permit application is attached hereto as Attachment #1.
Within five (5) days of the date of disposition, the completed permit must be returned to animal
control. The fines for violating this section are established by resolution and detailed on the
City of Rexburg master fee list. (Ord. 1225 §22, 2020).
A F T E R R E P E A L
7.03.050 Public Disposition Of Animals (Repealed)
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It shall be unlawful to give away animals at any place of business or on City owned land
within the city limits without first obtaining a permit from the Rexburg Police Department. The
form to be completed for approval of permit application is attached hereto as Attachment #1.
Within five (5) days of the date of disposition, the completed permit must be returned to animal
control. The fines for violating this section are established by resolution and detailed on the
City of Rexburg master fee list. (Ord. 1225 §22, 2020).
SECTION 2: ADOPTION “7.03.053 Sale Of Certain Animals In Public
Places Prohibited” of the Rexburg Municipal Code is hereby added as follows:
B E F O R E A D O P T I O N
7.03.053 Sale Of Certain Animals In Public Places Prohibited (Non-existent)
A F T E R A D O P TI O N
7.03.053 Sale Of Certain Animals In Public Places Prohibited(Added)
1.It shall be unlawful for any person to display, offer for sale, barter, auction, give away,
transfer, sell, or otherwise transfer ownership of any animal to another upon a street,
sidewalk, public park, public right-of-way, or other public place.
2.The prohibitions in this subsection shall not apply when transfer of animal ownership
is conducted by an animal shelter; non-profit animal rescue organization; or an
enforcement officer, law enforcement, or any other City employee charged with
enforcing the provisions of this subsection.
3.This subsection shall not apply to the sale of a dog or cat from the premises on which
they were bred and reared.
SECTION 3: ADOPTION “7.03.055 Sale Of Dogs And Cats In Retail
Stores Prohibited” of the Rexburg Municipal Code is hereby added as follows:
B E F O R E A D O P T I O N
7.03.055 Sale Of Dogs And Cats In Retail Stores Prohibited (Non-existent)
A F T E R A D O P TI O N
7.03.055 Sale Of Dogs And Cats In Retail Stores Prohibited(Added)
1.It shall be unlawful for any person to display, offer for sale, deliver, barter, auction give
away, transfer or sell any live dog or cat of any age in a retail business or other
commercial establishment located within the City, except for a dog or cat obtained
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from an animal shelter, humane society, or non-profit animal rescue organization that
does not breed dogs or cats and does not obtain dogs or cats from a person who breeds
or or resells such animals for payment or compensation.
2.Every establishment lawfully selling or boarding for the purpose of eventual sale of
any dog or cat shall maintain a certificate of source for each such animal and shall
make it available upon request to enforcement officers, law enforcement, or any other
City employee charged with enforcing the provisions of this subsection.
3.This subsection shall not apply to the sale of a dog or cat from the premises upon or in
which they were bred and reared.
SECTION 4: REPEALER CLAUSE All ordinances or resolutions or parts
thereof, which are in conflict herewith, are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE Should any part or provision of
this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the Ordinances a whole or any part thereof other than the part so
declared to be unconstitutional or invalid.
SECTION 6: EFFECTIVE DATE This Ordinance shall be in full force and
effect from June 3, 2026 and after the required approval and publication according to law.
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AYE NAY ABSENT ABSTAIN
Councilmember
Colin Erickson
Councilmember
Bryanna Johnson
Councilmember
Eric Erickson
Councilmember
David Reeser
Councilmember
Bill Riggins
Councilmember
Alisha Tietjen
PASSED AND ADOPTED BY THE CITY OF REXBURG COUNCIL
_______________________________.
Presiding Officer Attest
Jerry L Merrill, Rexburg Mayor, City
of Rexburg
Deborah Lovejoy, Rexburg City
Clerk, City of Rexburg