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HomeMy WebLinkAboutStaff ReportNATIONAL CITY POLICE DEPARTMENT INTER -DEPARTMENT MEMORANDUM Date: December 5, 2013 To: Manuel Rodriguez, Chief of Police From: Jose Tellez, Captain Subject: Staff Report — Executive Brief on Animal Sales During the November 19, 2013 City Council Meeting, staff was directed to provided information regarding the sale of animals by pet stores, due to the recent ban by some local cities to prohibit animal sales. This report provides information on the purpose of animal sales as well as the reasoning for banning these sales. In addition, the following areas will be discussed: • Pet stores located in National City • Animal Regulations • National City Municipal Codes related to animal sales • Issues regarding animal sales by pet stores • Current number of cities in San Diego County that ban animals sales and related municipal codes • City of Carlsbad decision • Factors to consider BACKGROUND There are currently two pet stores in National City, Fiesta Pet Shop — 1145 Highland Avenue, Suite A and Pet Market #3 — 1536 Sweetwater Road, Suite F. A third pet store is in the process of obtaining permits to operate within the city, National City Puppy — 1430 East Plaza Blvd. Currently, Fiesta Pet Shop and Pet Market #3 sell dogs and cats, along with other animals and pet supply products. SUMMARY Those in favor of prohibiting the retail sale of animals believe there is insufficient oversight because retail stores usually obtain their dogs and cats from a number of sources. These sources include breeders, regulated by the U.S. Department of Agriculture, and smaller hobby breeders, who are not subject to regulations. Regulation information is according to Pet Industry Joint Advisory Council which represents pet 2 stores across the country. Animal Advocates, including the Humane Society of the United States, believe that pet stores obtain many of their animals from "puppy mills" and "kitten factories, places where dogs and cats are bred and raised in cramped, unhealthy, and inhumane conditions. (OLR Research Report August 2013) Two cities in San Diego County (San Diego and Chula Vista) have banned pet stores in their communities from selling dogs and cats. Animal rights groups, including the Humane Society of the United States, say banning the sale of dogs and cats at pet stores not only will help reduce the number of animals treated inhumanely but it will encourage the adoption of more pets from shelters and rescue groups. On the other side of the debate, pet store owners and some mass breeders say the criticisms are overblown. They contend the ban limits consumer choice, threatens the long-term viability of dog breeding and encourages the "underground" sale of animals. Additionally, store owners and breeders assert they purchase / obtain animals for resale from reputable licensed breeders. Some retail stores deal with larger and established breeders that are inspected by the U.S. Department of Agriculture and the American Kennel Club. Guarantees for the consumer regarding the health of the animals varies from store to store. ORDINANCES The City of National City does not have ordinances regulating the retail sale of animals in stores however the following ordinance addresses the sale of animals in public: NCMC 8.32.050: Animal sales in public places prohibited. It is unlawful to offer for sale, sell, or to exchange or transfer for any form of consideration puppies or kittens on public property or on private property open to the public, including but not limited to areas in front of stores, commercial shopping areas, commercial parking areas, swap meets and auctions. ANIMAL SALE PROHIBITIONS The City of Chula Vista in 2012 passed an ordinance prohibiting the sales of dogs and cats by pet stores. The following Chula Vista Municipal Codes address the animal sales ban: CVMC 6.08.108: Pet shops — Dog and cat sales prohibited Pet shops are prohibited from selling dogs or cats in the City of Chula Vista. 3 CVMC 6.30.010: Sale of animals, birds, or reptiles on public property or on private property open to the public prohibited It is unlawful to give away, offer for sale, sell, exchange, or transfer for any form of consideration, or for no consideration, any animal, bird, or reptile on public property or on private property open to the public, including, but not limited to, areas in front of stores, commercial shopping areas, commercial park areas, swap meets, and auctions. CVMC 6.30.020 Exceptions: CVMC 6.30.010 shall not appiy to: A. Any legally recognized nonprofit charitable organization that provides or contracts to provide services as a public animal sheltering agency. B. Any legally operated business that sells animals, birds, or reptiles in its normal course of business. C. Any nonprofit animal rescue or adoption organization. D. Any gift, sale, exchange, or transfer of any animal, bird, or reptile on public property or on private property open to the public that is authorized by federal or state law. The City of San Diego in August 2013 passed an ordinance to prohibit, with certain exceptions, the retail sale of dogs, cats, and rabbits within the city. Additionally, the ordinance does not prevent the owner / operator of an establishment from providing space and appropriate care for animals owned by a city or county animal shelter, the humane society, or non-profit rescue organization for the purpose of public adoption. The following San Diego Municipal Codes outlines the ban: SDMC 42.0706 Pet Shops — Prohibition of the Sale of Dogs, Cats, and Rabbits (a) It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog, cat, or rabbit in any pet shop, retail business, or other commercial establishment located in the City of San Diego, unless the dog, cat, or rabbit was obtained from a city or county animal shelter or animal control agency, a humane society, or a non-profit rescue organization. All pet shops, retail businesses, or other commercial establishments selling dogs, cats, or rabbits shall maintain a certificate of source for each of the animals and make it available upon request to animal control officers, law enforcement, code compliance officials, or any other City employee charged with enforcing the provisions of this section. (1) For purposes of this section, a commercial establishment is defined as any for -profit business enterprise, including a sole 4 proprietorship engaged in retail or wholesale commerce related to dogs, cats, and rabbits, including grooming parlors, canine day care, and boarding facilities. (2) For purposes of this section, a non-profit rescue organization is defined as any California non-profit corporation that is exempt from taxation under Internal Revenue Code section 501(c)(3), whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats, or rabbits; or any non-profit organization that is not exempt from taxation under Internal Revenue Code section 501 (c)(3) but is currently an active rescue partner with a City or County of San Diego shelter or humane society, whose mission is, in whole or in significant part, the rescue and placement of dogs, cats, or rabbits. (3) For purposes of this section, a certificate of source is defined as any document from the source city or county animal shelter or animal control agency, humane society, or non-profit rescue organization declaring the source of the dog, cat, or rabbit on the premises of the pet shop, retail business, or other commercial establishment (b) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they were bred and reared. (b) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they bred and reared. (c) Nothing in this section shall prevent the owner, operator, or employees of a pet shop, retail business, or other commercial establishment located in the City of San Diego from providing space and appropriate care for animals owned by a city or county animal shelter or animal control agency, humane society, or non-profit rescue organization and maintaining those animals at the pet shop, retail business, or other commercial establishment for the purpose of public adoption. CARLSBAD REVERSED DECISION The City of Carlsbad adopted an ordinance to ban animal sales at pet stores within their city limits. About a month later, the Carlsbad City Council reversed their decision. The following is taken from their agenda bill as to the reasons (Agenda Bill -AB# 21,430): 5 On October 8, 2013, the City Council considered the issue of the inhumane treatment of dogs and cats bred in puppy mills and kitten factories and passed an urgency ordinance to prohibit the retail sale of dogs and cats which may be bred in puppy mills and/or kitten factories and/or new retail pet stores which could located in the City at any time and sell animals bred in such conditions. On November 5, 2013, the City Council heard additional public comment and reconsidered the issue of prohibiting the retail sale of dogs and cats. City Council determined that prohibiting the retail sale of dogs and cats is not the most effective way to stop the practice of breeding and raising dogs and cats in inhumane conditions such as those found in puppy mills and kitten factories. Instead, the most effective manner of preventing the harms caused by puppy mills or kitten factories many of which are located out of state is for stronger regulation and enforcement of animal breeding regulations by the State and Federal government. Prohibiting the retail sale of dogs and cats may harm legitimate business owners who do obtain their dogs and cats from puppy mills and kitten factories, and allowing an exemption for the only business engaged in the retail sale of dogs and cats in the City of Carlsbad would create a monopoly. FACTORS The following factors may be considered by policy makers when evaluating whether to implement changes to the existing National City ordinance(s) on animal sales: Status Quo: No Change in City Ordinance • Additional pet stores may move to National City from other cities that prohibit the retail sale of non -rescue animals. • Animal activist may picket pet stores in National City. • Not prohibiting pet sales provides consumers a Local choice to purchase pets. ▪ Breeder Oversight: Large and well established breeding companies are regulated by the US Department of Agriculture. Some pet stores work with these types of breeders. New City Ordinance: Prohibiting Retail Sale of non -rescue animals • Financial setback for current and future pet stores. • Deter new pet stores from moving into City. 6 • Grandfathering current pet stores from the ban will create a monopoly in the City for pet sales. • Prohibiting the sale of non -rescue animals will help control the pet population in City. • Additional oversight of pet stores by Humane Society or animal shelters as a result of rescue animals being sold in stores. • Possible litigation by pet store owners opposing the ordinance. CONCLUSION The decision to enact or not enact a ban on the sale of animals in our City is not without controversy, but in the final analysis it is a policy decision. The points presented in this report are a summary of the information that can be obtained from both sides of the issue. The goal is to provide decision makers with a review of the issues in order to make an informed decision.