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Regular City Council Meeting Monday, December 5, 2016 Page 37 that he wasn't sure he was in favor of going that route. Councilmember Willmus opined that the changes being considered could be accomplished just as effective- ly through an ordinance versus licensing or inspections, since the city was not in a position to address that nor did it have the expertise to know what it was needing to inspect. Councilmember McGehee agreed with Councilmember Willmus, suggesting set- ting up a contractual arrangement between stores and rescues and putting rescues in charge of that oversight, it would provide adequate protection for the animals. City Attorney Gaughan noted several points that immediately rose to his attention when considering the specificity of criminal penalties and in language of the draft ordinance (Attachment B) prohibiting the sale of dogs ar cats. Mr. Gaughan also addressed Section 502.25 C.1 regarding a Certificate of Source provided to pur- chasers that contradicted a law that doesn't exist in the Roseville ordinance. Also, Mr. Gaughan noted that the ordinance references pet store operations as the per- son subject to criminal penalties as the person involved in the business (owner or operator), but asked if that included their employees if the business owner or op- erator wasn't on site, and questioned whether criminal charges could also be brought absent those employees or vicariously, ar how appropriate it may be on a case by case scenario if the employee violated company policy; in other wards, in that case who was the responsible party, the owner or the employee. Mr. Gaughan cautioned the City Council to consider these things very carefully when taking steps to pursue criminal charges, and possibly taking away the liberties of an individual; especially when a government body was held to the highest stand- ard beyond a reasonable doubt. Mr. Gaughan also noted, in the understaffed court arena with an already overworked case load, this type of case would most likely end up at the bottom of the docket and not be considered a high priority for prompt action. Mayor Roe noted that some of the city's penalties were more on the adininistra- tive side. City Attorney Gaughan agreed that overwhelming code violations provided for both criminal and/or civil sanctions depending on the type of violation, making those options available to consider whether civil abatement or criminal prosecu- tion was the most appropriate; with the city typically steering away from criminal prosecution unless the behaviar doesn't cease. However, Mr. Gaughan reminded the City Council that those actions carried all sorts of complexities; but offered his willingness to wark with staff to further flesh out the issues. Without objection, Mayor Roe noted the City Council's support for the City At- torney and staff to perform that due diligence and provide recommendations for the more appropriate scheme to penalize behavior through an ordinance such as this.