The San Francisco Animal Control Commission is set to vote in August, 2010 on a proposal to ban ban the sale of animals by pet stores. 

The proposal would not be limited to a ban on sales of dogs and cats, but also small mammals such as hamsters, guinea pigs, rats, mice and chinchillas. Sales of birds may be banned as well.

A first of its kind law. If approved by the Commission, the City's Board of Supervisors would then consider the measure and decide if it should become law.  

The idea is to control the breeding and numbers of animals that end up in public shelters. Also, it is estimated more than 90% of dogs sold in pet stores come from puppy mills, and the Commission's plan is an acknowledgement that pet stores may often times be a front for unscrupulous breeders and distributors profiting from breeding and selling other animals as well. 

At the same time Austin, Texas' Animal Advisory Commission is continuing a trend around the country, a possible ban on retail sales of dogs and cats.   

Since 2006 Albuquerque has banned retail sale of dogs and cats at pet stores or through dealers or brokers. Since then adoptions of homeless animals from shelters has increased by 23%.

West Hollywood, California banned retail sales of dogs and cats last year. Hermosa Beach, California followed with a similar ordinance. An ordinance banning such sales in South Lake Tahoe, California will take effect in 2011.

A Maryland legislative committee considered this past session a bill that would have banned sales statewide of dogs less than 9 months old by pet stores. 

Roadside sales of animals

There has also been a trend to target another sales outlet for puppy millers and other criminal and irresponsible breeders and distributors: the sale of animals along roadsides, parks or at flea markets or swap meets.  

The animals sold like this are usually from breeders who provide little or no care, backyard breeders, and the animals may turn out to be unhealthy, have serious, contagious diseases or congenital abnormalities, may not have proper vaccinations, and may not even be the breed represented by the seller. There is no way to track the breeder or distributor involved in these sales and no way for consumers to have any recourse. These sales are targeted to capitalize on impulse buys, making it more likely the animal will be dumped later.    

Pennsylvania law is broad in prohibiting with few exceptions: "It shall be unlawful for any person to buy, sell, offer to sell, transfer, barter, trade, raffle, auction or rent a dog at any public place in this commonwealth". 
3 P.S. § 459-603  

A 2007 Texas law, Tx. Transportation Code Sec. 285.001, allows counties with a population of at least 1.3 million to regulate roadside sales of live animals in unincorporated areas. As a result, the counties of Harris (Houston area), Bexar (San Antonio area), Dallas and Tarrant (Ft. Worth area) are authorized to restrict roadside sales of dogs and cats and other animals.  

Harris County moved immediately in 2007 to ban sales of animals along public roads and parking lots in unincorporated areas. A violation is a Class C misdemeanor which can mean a $500 fine.

Ft. Worth passed a broad ban of such sales in 2007 with fines up to $2,000 for violators. San Antonio bans the sale, trade or display of any animal on any "roadside, public right-of-way, commercial parking lot, or at any garage sale, flea market or festival." Sec. 5-6. Houston also bans the sale, "trade, barter, lease, rent, give away, or display for a commercial purpose a live animal on a roadside, public right-of-way, commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event." Sec. 6-118. Austin has a similar ban. Sec. 3-2-3. Greenville is an example of a number of smaller Texas cities that ban roadside sales of animals as well.

A 2008 Arizona law prohibits the sale of any animals in any county with a population of 800,000 or more on any "public highway, street or park or any public property adjacent to a public highway, street or park" or any "commercial private property without the express consent of the owner or lessee of the property."  A.R.S. § 44-1799.71  (A bill, S.B. 1125, introduced this year, 2010, would have extended this law to all of Arizona; S.B. 1125 passed the state Senate but failed to pass the House of Representatives and did not become law.) The current law applies to 2 of Arizona's 15 counties, Maricopa (Phoenix area) and Pima (Tuscon area). Pima County, 6.04.170 and Tuscon, Sec. 4-8, have their own laws forbidding the sale or transfer of ownership of animals on public property and which also specifically ban such transactons at swap meets and flea markets. Yuma, Arizona is another example of a city that has banned sales of animals along public roads and parks. Sec. 130-030 

Memphis, Ord. 5300, Nashville and Hendersonville, TN also prohibit  sales or giveaways of animals along public roads, parks and at flea markets.  Southaven, TN is considering a similar measure. The Tennessee legislature considered but did not pass a bill, H.B. 1433/S.B. 1322, that would have made the prohibition statewide. A similar measure was considered in Delaware this past session but also did not pass.

The parish of East Baton Rouge, Louisiana broadly bans 
the sale, "exchange, barter, trade, lease, rent, give away or display [of] any living animal on any roadside, public right-of-way, parkway, median, park, recreational area, flea market, commercial or retail parking lot, or property adjacent to such locations, that is generally accessible to the public, regardless of whether such access is authorized or not." Title 14:215.1

In 2009 the California legislature passed a bill that would have made it illegal "for any person to willfully sell, display for sale, offer for sale, or give away as part of a commercial transaction, a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk". Gov. Arnold Scharzenegger vetoed the bill, however, and it never became law.

This gives you an idea of many of the cities stopping companion animal mills and backyard breeders by shutting off outlets for sales and distribution. Contact Animal Law Coalition for help in drafting and passing ordinances like these in your state, county or city.