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HomeMy WebLinkAboutCC RESO 2020-68RESOLUTION NO. 2020 - 68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IMPLEMENTING THE PEOPLE'S ADOPTION OF CITY COUNCIL ORDINANCE NO. 2019 — 2463 AS THE PEOPLE'S ORDINANCE WHICH PURSUANT TO STATUTE IS CONSIDERED ADOPTED UPON THE DATE OF CERTIFICATION OF THE ELECTION RESULTS WHICH ADDS CHAPTER 8.38 TO THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the City of National City (the "City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and WHEREAS, on September 3, 2019, the City Council adopted Ordinance No. 2019 - 2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits;" and WHEREAS, on October 2, 2019, there was presented to the City Clerk a referendum petition against Ordinance No. 2019 - 2463, so as to repeal Ordinance No. 2019 - 2463 or submit it to the qualified voters of the City of National City; and WHEREAS, on November 13, 2019, pursuant to Section 9237 of the California Elections Code, the petition was examined by the City's Elections Official and it was determined that the referendum petition contained 2,507 valid signatures, which was a sufficient number of signatures under Sections 9235-9247 of the Elections Code, and the City's Elections Official accepted the petition for filing; and WHEREAS, in accordance with Section 9240 of the Elections Code, the City's Elections Official certified the results of the examination to the City Council at its next regular meeting held on November 19, 2019; and WHEREAS, Section 9237 of the Elections Code provides that when a referendum petition against an ordinance qualifies, the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance; and WHEREAS, Section 9241 of the Elections Code provides in part that when a legislative body is presented with a qualified referendum petition, if the legislative body does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for that purpose, not less than 88 days after the order of the legislative body, and the ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it; and WHEREAS, at their meeting of November 19, 2019, the City Council did not vote in favor of the repeal of Ordinance No. 2019 -2463, but directed the City Attorney to draft a resolution for the City Council to place a measure on the March 3, 2020 Special Municipal Election ballot for the qualified voters of the City to determine whether to adopt or repeal Ordinance No. 2019 -2463; and WHEREAS, at their meeting of December 3, 2019, the City Council, as authorized by Section 9241 of the Elections Code, adopted Resolution No. 2019 - 170, "A Resolution of the City Council of the City of National City Ordering the Submission of Ordinance No. 2019 - 2463, 'An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Resolution No. 2020 — 68 Page Two Micha I Dalla, City Clerk Dogs, Cats and Rabbits' to the Qualified Voters of the City of National City at the Special Municipal Election to be held on March 3, 2020;" and WHEREAS, at the Special Municipal Election of March 3, 2020, a majority of the voters of the City of National City voting thereon voted in favor of Measure J, adopting Ordinance No. 2019 - 2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits."; and WHEREAS, pursuant to Government Code §9217, the Ordinance passed by the voters shall be considered as Adopted upon the date that the vote is declared and certified by the legislative body and shall go into effect 10 days after that date. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City having by Resolution No. 2020 - 68 declared and certified the Election results does hereby determine and order that pursuant to state law that Ordnance No. 2019-2463 is by this Resolution implemented as Ordinance No. 2020 - 2463 an Ordinance of the People of the City of National City adding Chapter 8.38 to the National City Municipal Code. ATTEST: PASSED and ADOPTED this 21st day of April, 2020. Alejariotelo-Solis, Mayor s.,}r 10i) dA APPROVED AS TO FORM: orris -Jones, ity Atto Passed and adopted by the Council of the City of National City, California, on April 21, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-68 of the City of National City, California, passed and adopted by the Council of said City on April 21, 2020. City Clerk of the City of National City, California By: Deputy ORDINANCE NO. 2020 — 2463 AN ORDINANCE OF THE PEOPLE OF THE CITY OF NATIONAL CITY ADDING CHAPTER 8.38 TO THE NATIONAL CITY MUNICIPAL CODE PROHIBITING THE RETAIL SALE OF DOGS, CATS AND RABBITS THE PEOPLE OF THE CITY OF NATIONAL CITY HEREBY ORDAINS AS FOLLOWS: Section 1. That Ordinance No. 2019 - 2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cat and Rabbits" is hereby adopted. Section 2. That Chapter 8.38 of the Municipal Code is adopted based upon the following Recitals: A. Congress passed the Animal Welfare Act in 1966 (7 U.S.C. § 2131 et seq.), a federal law that regulates the minimum standards of care and treatment for certain animals bred for commercial sale, including but not limited to dogs, cats and rabbits, which is enforced by the United States Department of Agriculture and Animal and Plant Health Inspection Service (USDA) and requires certain large scale animal breeders and dealers to be registered and licensed. B. The Pet Rescue and Adoption Act, otherwise known as AB 485, a newly enacted state law effective January 1, 2019, prohibits a pet store operator from selling a dog, cat or rabbit in a pet store unless they were obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in cooperative agreement with at least one private or public shelter. C. California Health and Safety Code section 122354.5(g) allows a local governing body to adopt requirements that are more protective of animal welfare than those set forth in the Pet Rescue and Adoption Act. D. Investigations and research by the Companion Animal Protection Society (CAPS) have shown that California pet shops are using fake rescues to circumvent newly enacted state law and act as pass-throughs between puppy mills and pet shops. E. CAPS and The American Society for the Prevention of Cruelty to Animals (ASPCA) report that puppy mills mass produce animals for the pet industry in overcrowded and unsanitary conditions without adequate food, water, exercise, socialization or veterinary care and many of the animals face an array of health problems that are discovered after purchase at a retail store. 1 Ordinance No. 2020 — 2463 People's Ordinance April 21, 2020 F. According to the Humane Society of the United States there are Approximately 2.4 million puppies sold annually who originated from puppy mills, USDA licensed and non -USDA licensed, and there are an estimated 3 million dogs and cats euthanized by shelters every year in the United States. G. The City Council has been approached by animal activists, animal shelters and City residents urging the City to enact further regulations which prohibit the retail sale of cats, dogs and rabbits and discourage the promulgation of unregulated and negligent commercial breeders or pet shop operators which despite state law continue to offer animals throughout San Diego County for retail sale under the guise of non-profit rescue agencies. H. Pet stores often engage in offsite, even out of state, commercial breeding and/or purchase animals from offsite or out of state commercial breeders or brokers creating a degree of removal which obscures the ability of the City and/or the County of San Diego Humane Society to regulate the conditions in which the breeding took place and/or how the animals were cared for prior to being brought to the pet store. I. The City of National City seeks to close the loopholes in California State law and enact greater protections for animal safety and welfare and for the public health, safety, and general welfare of its residents by prohibiting a pet shop or retail pet store or its operator from selling, delivering, or offering for sale, barter, auction or otherwise disposing of a cat, dog, or rabbit with exceptions for: (i) A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society; (ii) A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit; (iii) The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or (iv) Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores. Section 3. That Chapter 8.38 is hereby added to the National City Municipal Code to read as follows: CHAPTER 8.38 RETAIL SALES OF DOGS, CATS AND RABBITS Sections: 8.38.010 Purpose 8.38.020 Definitions 8.38.030 Prohibition 8.38.040 Inspection by officials 8.38.050 Enforcement and remedies 2 Ordinance No. 2020 — 2463 People's Ordinance April 21, 2020 8.38.010 Purpose. It is the purpose and intent of the City Council in this chapter to promote animal safety and welfare, public health, safety and welfare, and encourage best practices in the acquiring of dogs, cats and rabbits offered for retail sale or adoption in the City of National City. 8.38.020 Definitions. For the purpose of this Chapter, the following definitions shall apply: A. "Animal Shelter", means a public animal shelter or control facility operated by any city, county or other public agency or an entity operating under contract with any city, county or other public agency for the purpose of protecting animals from cruelty, neglect or abuse. B. "Animal Rescue Organization", means a nonprofit organization that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code and whose mission and practice is, in whole or in significant part, the rescue, care and adoption of dogs, cats and/or rabbits. The term does not include a breeder or broker for payment or compensation. C. "Breeder" means a person who owns or maintains dogs, cats, or rabbits for the purpose of breeding and selling their offspring for retail or wholesale or a person required to hold a class A license pursuant to the Animal Welfare Act, 7 U.S.C. § 2131, et seq. D. "Broker" means a person who transfers dogs, cats, or rabbits for resale by another person and is required to hold a class B license by the United States Department of Agriculture pursuant to the Animal Welfare Act, 7 U.S.C. § 2131, et seq. E. "Cat" means a Felis domesticus of either sex, altered or unaltered. F. "Dog" means a Canis familiaris of either sex, altered or unaltered. G. "Operator" means a person who owns or operates a retail pet store, or both, and/or who hires employees at a retail pet store or pet shop to engage in the retail sale of dogs, cats and/or rabbits. H. "Pet Shop" or "Retail Pet Store" means any place or premise where birds, mammals or reptiles are kept for the purpose of either wholesale or retail sale, import, export, barter, exchange or gift. I. "Rabbit" means an Oryctolagus cuniculus of either sex, altered or unaltered. 3 Ordinance No. 2020 — 2463 People's Ordinance April 21, 2020 8.38.030 Prohibition. A. A pet shop or retail pet store or its operator shall not sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat, dog, or rabbit except as provided in subsection B. B. The provisions of subsection A shall not apply to: 1. A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society; 2. A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit; 3. The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or 4. Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores. 8.38.040 Inspection by officials. A. Each pet shop or retail pet store shall maintain records sufficient to document the source of each dog, cat, or rabbit that the pet shop acquires for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to any police officer, code enforcement officer, animal control officer, humane law enforcement officer or other investigating official. B. The city, county, or any investigating official shall have the right to enter the premises of any pet shop or retail pet store from time to time during regular business hours to conduct reasonable inspections to ensure and verify compliance with this chapter. No person shall refuse to permit or interfere with a lawful inspection of any pet shop or retail pet store by city or county investigating officials. 8.38.050 Enforcement and Remedies. A. A violation of any provision of this chapter or failure to comply with any requirement thereof shall be punishable as provided in National City Municipal Code chapters 1.04, 1.08, and 1.12. Each event or transaction in which a dog, cat, or rabbit is sold or offered for sale in violation of this section shall constitute a separate offense. 4 Ordinance No. 2020 — 2463 People's Ordinance April 21, 2020 B. Any person, operator, pet shop or retail pet store operating or conducting or maintaining a pet shop or retail pet store contrary to the provisions of this chapter and/or state and federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to the penalties proscribed in this section, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law. C. The remedies and penalties provided in this section are cumulative and in addition to any other remedies available at law or in equity. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. PASSED AND ADOPTED by a majority of the voters of the City voting thereon. The City Council declared and certified the Election results by Adoption of Resolution No. 2020 - 67 on April 21, 2020. Pursuant to Section 9217 of the Elections Code, the Ordinance shall be considered as Adopted on April 21, 2020, and shall become effective 10 days after that date as Chapter 8.38 of the Municipal Code. 5 Ordinance No. 2020-2463 People's Ordinance April 21, 2020