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2 <br />El <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />Section 7.02.040. Right of entry of certain officials. <br />The Animal Control Director, any Animal Control Officer, and any Police Officer of the City are <br />empowered to enter upon any private property for the purpose of ascertaining whether any dog <br />kept or harbored therein is afflicted with rabies or hydrophobia or whether or not a license tag has <br />been secured for such dog; provided, however, that no such animal control director, animal <br />control officer, or police officer shall have the right to enter an inhabited dwelling or a locked <br />yard without first having obtained a warrant therefor. <br />Section 7.02.050. Disposition of money --Payment of expenses. <br />All money collected for licenses, tags or other fees shall be paid into the City treasury for the <br />general fund. All expenses incurred in carrying out or enforcing the provisions of this title shall <br />be paid out of the general fund. <br />Section 7.02.060. Prohibition on retail sale of dogs and cats. <br />A. No commercial establishment shall display, sell, deliver, offer for sale, barter, auction, <br />give away, or otherwise transfer or dispose of dogs or cats in the City on or after the effective <br />date of the ordinance codified in this section. <br />B. A pet shop that displayed, sold, delivered, offered for sale, offered for adoption, bartered, <br />auctioned, gave away, or otherwise transferred or disposed of dogs or cats in the City as of the <br />effective date of this section, and whose operations complied with all applicable provisions of the <br />this Code, may continue to display, offer for sale, offer for adoption, barter, auction, give away, <br />or otherwise transfer or dispose of dogs and cats until the one-year anniversary of the effective <br />date of the ordinance codified in this section. <br />C. This section shall not apply to: <br />1. A commercial animal rescue shop that offers dogs or cats for an adoption fee; <br />2. A publicly operated animal control facility or animal shelter; <br />3. A private, charitable, nonprofit humane society or animal rescue organization; or <br />4. A publicly operated animal control agency, nonprofit humane society, or nonprofit animal <br />rescue organization that operates out of or in connection with a pet shop. <br />D. Nothing in this section shall prevent a pet shop or its owner, operator or employees from <br />providing space and appropriate care for animals owned by a publicly operated animal control <br />agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet <br />shop for the purpose of adopting those animals to the public. <br />23152.06020127262568.1 - 6 - <br />