Brookhaven, GA Animal Ordinances: Pet Store Rules (2026)

Brookhaven Code § 5-33 is titled the prohibition on transient sales of dogs, cats, and domestic rabbits, and the history note shows it was adopted by Ord. No. 2025-01-03 on 1-14-2025. The section is built on a wide definition. A transfer is a transaction in which, for consideration, a dog, cat, or domestic rabbit, or any interest in the animal, is exchanged, offered to be exchanged, or advertised for a commercial purpose. Consideration is anything of value, and the code names cash, credit, electronic payment, services, and any type of property. The definition lists adoption and rehoming next to sale, lease, trade, exchange, swap and barter, so calling a handoff an adoption does not take it outside the section.

The ban applies at any roadside, public right-of-way, parkway, median, park, other recreation area, fair, flea market, outdoor market, commercial or retail parking lot, or similar transient or outdoor location. It applies regardless of whether the activity is otherwise authorized by any person or entity, so a flea market operator's or lot owner's permission does not cure it. Section 5-33 is written around outdoor and transient locations; it does not set up a storefront licensing scheme.

Three exemptions are printed. The first covers a person, local government shelter, or nonprofit organization that has, and produces on request, a valid animal shelter or animal rescue license issued by the Georgia Department of Agriculture. The second covers a paid entrant in a nationally-sanctioned event or show, a 4-H program, or a similar agricultural exhibition. The third covers a prearranged transfer between a seller and a specific purchaser at a police department, sheriff's office, or similar peace officer facility during daylight hours.

Enforcement runs through any City Code Enforcement Officer, any DeKalb County Health Department Inspector or designee, and any law enforcement officer, who can enforce the section and impound any animal that is the subject of a transfer in violation of it, in addition to any fine. A separate rule, § 5-29, requires the owner of any cat or dog sold or exchanged for valuable consideration to give the new owner a current, valid Official Certificate of Veterinary Inspection at the time of exchange.