Martin County takes a step back from total ban on selling dog, cats at pet stores
MARTIN COUNTY — County commissioners last year cast themselves as the protectors of dogs and cats when they enacted a law banning sale of the animals in local pet stores.
Now they've partially backed down in the face of two lawsuits.
Two Stuart pet stores can continue selling cats and dogs indefinitely following a change commissioners made to the new law.
The County Commission Sept. 12 approved settlement of a federal lawsuit with pet store The Noble Paw and changed the law to grandfather both The Noble Paw and Wags About You, another pet store, allowing them to continue selling cats and dogs.
County attorneys told the commission at the meeting that the potential changes to the ordinance could impact pending lawsuits.
A county spokeswoman declined to comment on the case brought by The Noble Paw or its settlement.
Ban remains in effect
The ban, though, remains in effect, preventing new stores from selling the pets.
"It's not everything we asked for," said attorney Michael Beltran, who represented The Noble Paw, but his client is "satisfied."
As part of the settlement with The Noble Paw, Martin County will pay the store's $65,000 legal fees, according to the settlement document.
Pet stores bark back in court after Martin County bans retail sale of dogs, cats and rabbits
The federal lawsuit filed by Wags About You is continuing, according to court records. Wags About You attorney Rick Kozell declined to comment.
County officials should not have passed the ban in the first place, Beltran said.
The change to the law grandfathered in both stores forever. Their owners can sell the businesses to new owners and move their stores as long as the new locations are no larger than 3,000 square feet, according to the settlement.
But they cannot open additional stores. If a store closes for 12 consecutive months, the owner will lose the authorization to sell cats and dogs.
The county's original ordinance impacted at least one of his client's contracts, which helped lay ground for the lawsuit, Beltran said. For example, the store's lease and the warranty it gives customers who purchased a dog or cat are two such contracts, Beltran said.
Martin County last on the Treasure Coast to limit retail sale of dogs, cats and rabbits
If the store had gone out of business because of the county ban, he said, The Noble Paw could not meet its obligation to exchange the pet as required by Florida law. State law allows pet buyers to return an animal if a veterinarian determines it is unhealthy or unfit for sale.
Original action taken in June 2022
The county's original ordinance, approved in June 2022, would have forced the stores out of business unless they stopped selling cats and dogs.
Martin County modeled the law after those in Indian River, St. Lucie and Palm Beach counties.
The lawsuits claimed the ban was “unconstitutionally vague” and had unclear language; allowed the county to have “unbridled discretion” over who it applies to; and overstepped state authority.
Martin County enacted the ban last year to curb animal curelty, particularly puppy mills, where dogs and cats are kept for breeding only, usually in inhumane conditions.
Keith Burbank is TCPalm's watchdog reporter covering Martin County. He can be reached at keith.burbank@tcpalm.com and at (720) 288-6882.
This article originally appeared on Treasure Coast Newspapers: Martin County commissioners amend law to allow sales of cats and dogs
