HomeMy WebLinkAboutOrd No 1336 Sale of Animals Prohibited in Public PlacesInstrument # 474574
REXBURG, MADISON, IDAHO
6A6-2026 08:37:10 AM No. of Pages: 3
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-Officio Recorder Deputy
ORDINANCE NO. 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 NONPROFIT 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; and
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 I: REPEAL " 7.03.050 Public Disposition Of Animals" of the
Rexburg Municipal Code is hereby repealed as follows:
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 II: ADOPTION "7.03.053 Sale Of Certain Animals In Public
Places Prohibited" of the Rexburg Municipal Code is hereby added as follows:
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.
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SECTION III: ADOPTION "7.03.055 Sale Of Dogs And Cats In Retail
Stores Prohibited" of the Rexburg Municipal Code is hereby added as
follows:
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 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 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 IV: REPEALER CLAUSE All ordinances or resolutions or
parts thereof, which are in conflict herewith, are hereby repealed.
SECTION V: 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 VI: This ordinance shall take effect and be in full force and
effect upon its passage, approval and publication as provided by law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on
this 3rd day of J!'Pi"01
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ATTEST:
Deborah Lovejoy, City Clerk
STATE OF IDAHO)
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County of Madison)
I, DEBORAH LOVEJOY, City Clerk of the city of Rexburg, Idaho, do
hereby certify that the above and foregoing is a full, true and correct copy of the
Ordinance Entitled:
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
NONPROFIT ANIMAL RESCUE ORGANIZATIONS THAT DO NOT
BREED DOGS OR CATS FOR COMPENSATION; PROVIDING
2
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.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on
this 3rd June 2026.
Deborah Lovejoy, City Clerk
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