4-11-10.1. Transfer of domestic animals along public areas; enforcement; fines.

For purposes of this Code section, the term:#

1. (1)

   “Consideration” means anything of value, including, but not limited to, cash, credit, electronic payment, services, or any type of property or interest in property. A transaction shall be deemed to be “for consideration” if it occurs in connection with any payment of consideration or other commercial transaction, including, but not limited to, a sale, adoption, rehoming, lease, trade, exchange, swap, or barter transaction.#

2. (2)

   “Transfer” means a transaction in which for consideration a dog, cat, or domestic rabbit, or any interest in any such animal, is exchanged, offered to be exchanged,or advertised for a commercial purpose.#

It shall be unlawful for any person to engage in the transfer of any dog, cat, or domestic rabbit at any roadside, public right of way, parkway, median, public or commercial parking lot or sidewalk, park, recreation area, fair, transient or seasonal flea market, or a similar transient market or outdoor location, regardless of whether such activity is otherwise authorized by any person or entity.#

This Code section shall not apply to:#

1. (1)

   The transfer of any dog, cat, or domestic rabbit by a person or entity that has and produces upon request, whether in paper, electronic, or other form, a valid animal shelter license issued by the department;#

2. (2)

   Any transfer that takes place at a residence or inside of a veterinarian’s office or other business establishment;#

3. (3)

   The transfer of any dog, cat, or domestic rabbit by a paid entrant as part of an event or show sanctioned by a national breed club or association, 4-H program, or similar agricultural exhibition; or#

4. (4)

   The prearranged transfer between a dog, cat, or domestic rabbit seller and a specific purchaser that takes place at a police department, sheriff’s office, or other similar law enforcement facility during daylight hours, unless otherwise prohibited.#

An animal control officer who is an employee of state or local government or any sheriff, deputy sheriff, or other peace officer is authorized to enforce the provisions of this Code section and to impound any animal subject to a transfer in violation of this Code section.#

A person found guilty of violating this Code section shall be subject to a fine not to exceed:#

1. (1)

   For the first offense, $100.00;#

2. (2)

   For the second offense, $250.00; and#

3. (3)

   For a third or subsequent offense, $500.00.#