§102.27.  Unlawful sale of a live dog or cat at certain locations

A.  It shall be unlawful for any person to offer for sale or sell any dog or cat on any highway, right-of-way, flea market, public park, public playground, public swimming pool, any other public recreational area, or adjacent property to such locations regardless of whether or not access to those locations is authorized, or on any commercial or retail parking lot unless permission is granted by the owner of the parking lot.

B.  The provisions of this Section shall not apply to:

(1)  Bona fide humane societies, animal welfare groups, animal control agencies, or nonprofit organizations sponsoring animal adoption events.

(2)  The offering of dogs or cats for sale at a private residence.

(3)  The offering of dogs or cats for sale by a paid entrant to a competitive cat show or dog show, provided that the sale occurs on the premises and within the confines of the show.

(4)  Any retail pet store or licensed breeder.

(5)  Any raffle or drawing for a dog or cat which is a fundraising event for a waterfowl, wetland, or natural resources conservation organization.

C.(1)  Whoever violates the provisions of this Section shall be fined not more than two hundred fifty dollars for a first offense.

(2)  Whoever violates the provisions of this Section for a second or subsequent offense shall be fined not more than one thousand dollars per violation.

D.  For the purposes of this Section:

(1)  "Highway" means the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels, and ferries; synonymous with the word "street".

(2)  "Right-of-way" means the privilege of the immediate use of the highway.

Acts 2012, No. 700, §1.