MARTIN COUNTY — Two Stuart pet stores can continue to sell cats and dogs indefinitely following a change to a county ordinance. passed earlier this year banning such sales.
The County Commission approved at its Sept. 12 meeting a settlement of a federal lawsuit with pet store The Noble Paw. In addition, the commission changed its ordinance to grandfather in The Noble Paw and Wags About You, allowing them to continue selling cats and dogs, despite the ban.
“It’s not everything we asked for,” but his client is “satisfied,” said attorney Michael Beltran, who represented The Noble Paw.
Martin County, as part of the settlement with The Noble Paw, will $65,000, the store’s legal fees, according to the settlement document.
Pet stores bark back in court after Martin County bans retail sale of dogs, cats and rabbits
Another federal lawsuit, filed by pet store Wags About You, is pending in federal district court in Florida, according to court records. A status conference is set for Monday. 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 ordinance grandfathered in both stores forever. Store owners can sell to new owners and move their stores as long as the new location is no larger than 3,000 square feet.
But they cannot open additional stores, and if a store closes for 12 consecutive months, the owner will lose the authorization to sell cats and dogs.
The county’s original ordinance impaired at least one of his client’s contracts, which helped lay ground for the lawsuit, Beltran said. For example, the store’s lease on its location and the warranty it makes with the people who purchased a dog or cat are two such contracts, Beltran said in a phone interview.
Martin County last on the Treasure Coast to limit retail sale of dogs, cats and rabbits
If the store went out of business because of the county ban, The Noble Paw could not meet its obligation to exchange the pet as required by Florida law, he said. State law allows pet buyers to return an animal if a veterinarian determines it is unhealthy or unfit for sale.
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 ordinance after ones in Indian River, St. Lucie and Palm Beach counties.
The suits, as originally filed by the pet stores, claimed the ban was “unconstitutionally vague” and had unclear language; allowed the county to have “unbridled discretion” over who it applies to; and oversteps state authority.
Martin County enacted the ban last year to curb puppy mills, where dogs and cats are kept for breeding only, usually in inhumane conditions.
County Commission Chair Ed Ciampi did not respond Thursday to a request for the reason commissioners amended the ordinance earlier this month.
Commissioners were told by county attorneys that the potential changes to the ordinance could impact pending lawsuits.
Keith Burbank is TCPalm’s watchdog reporter covering Martin County. He can be reached at keith.burbank@tcpalm.com and at (720) 288-6882.
