HomeMy WebLinkAboutStaff ReportsNATIONAL CITY POLICE DEPARTMENT
INTER -DEPARTMENT MEMORANDUM
Date: January 9, 2014
To: Manuel Rodriguez, Chief of Police
From: Jose Tellez, Captain
Subject: Staff Report — Executive Brief on Animal Sales
During the December 17, 2013 City Council Meeting, the Police Department was
directed to obtain additional information regarding the retail sale of animals from pet
store owners in National City, specifically, information on the current practices regarding
pet sales.
As part of this process, a meeting was held with the following individuals who currently
represent the three pet stores in National City:
Bob Hicks (Owner) — Pet Market, 1536 Sweetwater Road
Ruben Guerra (Owner) — Fiesta Pet, 1145 Highland Avenue
Patricia Palmer (Store Manager) — Petco, 3426 Highland Avenue
Pet Market:
• Does not sell dogs or cats acquired from breeders or pet brokers.
• Store has partnered with the San Diego Humane Society (SDHS) and
Department of Animals Shelters (DAS) to sell rescue animals.
• Store will accept animals from the public on behalf of SDHS and DAS with the
intent to re -home the animals after they have received a health check, spayed /
neutered, vaccinated, and microchip.
• The animals will be re -homed by Pet Market or by SDHS / DAS through an
existing adoption partnership.
Fiesta Pet:
• Does not sell dogs or cats acquired from breeders or pet brokers.
• Dogs and cats are obtained from the public and sold on a consignment basis.
• Owner is in the process of establishing a partnership with SDHS and/or DAS.
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Petco:
• The National City store does not sell any dogs or cats.
• Rescued cats are obtained through an existing partnership with the Chula Vista
Animal Shelter and are on display in the store for adoption only. Interested
parties must work with the animal shelter to adopt a cat. Petco does not profit
financially from the adoption; the cats are only displayed at the store to aid in the
adoption of recused cats.
As part of the animal sales process, pet stores owners/operators have to comply with
California Health & Safety Codes 122215, 122220, 122140, 122145, and 122150; these
laws require the pet store to disclose to the consumer the following: the source of the
animal, pet medical history, and veterinarian certification of any known illnesses.
The following two California Health & Safety Codes require pet stores to clearly post on
the cage, the source of the animal:
122215. Every retail dealer shall post conspicuously on the cage of
each dog offered for sale a notice indicating the state where the
dog was bred and brokered.
122220. (a) Every pet dealer shall post conspicuously within close
proximity to the cages of dogs offered for sale, a notice containing
the following language in 100-point type:
"Information on the source of these dogs, and veterinary treatments
received by these dogs is available for review."
"You are entitled to a copy of a statement of consumer rights?'
(b) Every pet dealer shall, upon request for information regarding
a dog, make immediately available to prospective purchasers all of
the information required to be disclosed to purchasers pursuant to
subdivision (b) of Section 122140 and pursuant to Section 122190.
The following two California Health & Safety Codes require pet stores to provide the
consumer the following information in writing: source of the animal, pet medical history,
and disclosure of any known illnesses and diseases.
122140. Every pet dealer shall deliver to the purchaser of each dog
and cat at the time of sale a written statement in a standardized
form prescribed by the Department of Consumer Affairs containing the
following information:
(a) For cats:
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(1) The breeder's and broker's name and address, if known, or if
not known, the source of the cat. If the person from whom the cat was
obtained is a dealer licensed by the United States Department of
Agriculture, the person's name, address, and federal dealer
identification number.
(2) The date of the cat's birth, unless unknown because of the
source of the cat and the date the dealer received the cat.
(3) A record of the immunizations and worming treatments
administered, if any, to the cat as of the time of sale, including
the dates of administration and the type of vaccine or worming
treatment.
(4) A record of any known disease or sickness that the cat is
afflicted with at the time of sale. In addition, this information
shall also be orally disclosed to the purchaser.
(b) For dogs:
(1) The breeder's name and address, if known, or if not known, the
source of the dog. If the person from whom the dog was obtained is a
dealer licensed by the United States Department of Agriculture, the
person's name, address, and federal dealer identification number.
(2) The date of the dog's birth, and the date the dealer received
the dog. If the dog is not advertised or sold as purebred,
registered, or registerable, the date of birth may be approximated if
not known by the seller.
(3) The breed, sex, color, and identifying marks at the time of
sale, if any. If the dog is from a United States Department of
Agriculture licensed source, the individual identifying tag, tattoo,
or collar number for that animal. If the breed is unknown or mixed,
the record shall so indicate.
(4) If the dog is being sold as being capable of registration, the
names and registration numbers of the sire and dam, and the litter
number, if known.
(5) A record of inoculations and worming treatments administered,
if any, to the dog as of the time of sale, including dates of
administration and the type of vaccine or worming treatment.
(6) A record of any veterinarian treatment or medication received
by the dog while in the possession of the pet dealer and either of
the following:
(A) A statement, signed by the pet dealer at the time of sale,
containing all of the following:
(i) The dog has no known disease or illness.
(ii) The dog has no known congenital or hereditary condition that
adversely affects the health of the dog at the time of the sale or
that is likely to adversely affect the health of the dog in the
future.
(B) A record of any known disease, illness, and any congenital or
hereditary condition that adversely affects the health of the dog at
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the time of sale, or is likely to adversely affect the health of the
dog in the future, along with a statement signed by a veterinarian
licensed in the State of California that authorizes the sale of the
dog, recommends necessary treatment, if any, and verifies that the
disease, illness, or condition does not require hospitalization or
nonelective surgical procedures, nor is it likely to require
hospitalization or nonelective surgical procedures in the future. A
veterinarian statement is, not required for Intestinal or external
parasites unless their presence makes the dog clinically ill or is
likely to make the dog clinically ill. The statement shall be valid
for seven days following examination of the dog by the veterinarian.
(c) For the purpose of this article, "nonelective surgical
procedure" means a surgical procedure that is necessary to preserve
or restore the health of the dog, to prevent the dog from
experiencing pain or discomfort, or to correct a condition that would
interfere with the dog's ability to walk, run, jump, or otherwise
function in a normal manner.
(d) For the purposes of this article, "clinically ill" means an
illness that is apparent to a veterinarian based on observation,.
examination, or testing of the dog, or upon a review of the medical
records relating to the dog.
(e) A disclosure made pursuant to subdivision (b) shall be signed
by both the pet dealer certifying the accuracy of the statement, and
the purchaser of the dog acknowledging receipt of the statement. In
addition, all medical information required to be disclosed pursuant
to subdivision (b) shall be made orally to the purchaser.
(f) For purposes of this article, a disease, illness, or
congenital or hereditary condition that adversely affects the health
of a dog at the time of sale or is likely to adversely affect the
health of the dog in the future shall be one that is apparent at the
time of sale or that should have been known by the pet dealer from
the history of veterinary treatment disclosed pursuant to this
section.
***Pet Dealer Disclosure Form Attached*
122145. A pet dealer shall maintain a written record on the health,
status, and disposition of each dog and each cat for a period of not
less than one year after disposition of the dog or cat. The record
shall also contain all of the information required to be disclosed
pursuant to Sections 122140 and 122220. Those records shall be
available to humane officers, animal control officers, and law
enforcement officers for inspection during normal business hours.
The following law identifies the penalties for pet store owners / operators if they violate
any of the above laws.
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122150. (a) Except as otherwise specified herein, any person
violating any provision of this article other than Section 122205
shall be subject to a civil penalty of up to one thousand dollars
($1,000) per violation. The action may be prosecuted in the name of
the people of the State of California by the district attorney for
the county where the violation occurred in the appropriate court or
by the city attorney in the city where the violation occurred.
(b) Nothing in this article limits or authorizes any act or
omission that violates Section 597 I of the Penal Code.
Conclusion:
Based on the information gathered from the three existing pet store owners / operators
in National City, there are currently no pet stores that obtain dogs or cats from
established breeders or pet brokers.
There is only one pet store that sells non -rescue animals (dogs and cats); Fiesta Pet
Shop on a consignment basis. The source of these animals come from private parties.
All three pet stores comply with California Health and Safety codes that regulate the
sale of animals to include: animal source information, pet health information, and
veterinary information regarding any known illness or disease. The information is
provided in written form to the consumer upon request or at time of purchase.
It is Recommended that this report be Accepted and Filed.
STATE of CALUORNIA - MATE Auto CONSUMER SERVICES AAENCY•
ARNOLDSCHWAtaggetemia Ewrr.v
(Aral
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Cgiztrorr
PET DEALER DISCLOSURE (DOG)
. _ RETAIL DEALER
Name — _ t _—
Aeld_ -- — ,.
Street Clty State Zip Cede
I oartiI that the W.maticn belowjs acaerate, au nave are* diselomd all medleal ittformatiptt to the malinger,
Signature: Wed Ulm
BODICE i
Plan indicate the tome Ott) dog: Breeder Dealer Odub phase htdtaate
Name:
' Addrorc
Street OW Site Zip Code
If enema Is United St&tse Department of Agriculture (USDA) dealer, pleeae provide USDA federal dealer Idetrtitiiaatio t
another:4.
IDENT1ITNG D1FORMATION
Date of Birth: Data Dog R net edbyDeafer. the dog is bet
,if
advertised or sold a purebred, regiatmed, er re lutereble. the date of to birtb may be apptotdutated if not imown by the seller.
Breed: Rom Colon- ideatlfyiegMarks:
If the dog le hem a CODA licensed scorn, pleaob Winds the individual ideettfjing tag, tattott, or collar amber:
U Breed: Uai:sown Or Mined/ t.
If dog is beteg cold as baiog eapithis of ragictratiom, please reootd below the fe' wing ieinatetloot
; Name *fling Registration Numbs* ,:
Name ofData Iteglshadee Ntaabcr: = •
Litter umber Ofimown)
A
MEDICAL HISTORY AS OR mu Ole RAIN
3) Win*img tbeetment 2) Iseeaiationa
l'Ast Since typo of Timis* Hann
3) Veterinarian treed sent or mediatiem while in pocaecciom of pet dacler: i
Compiat; either A (Pet Dealer) or B (VeterlLariaa) Certification: -
PET DEALER eTIRTIRIC)lflON
• • A) PetDea reCettliteadem (aback npploable aoatemead): .•
(1) Ma dog het so bowl distinct or I11awt,
(2) The do` ban no lmowa ooageniW or hereditary adwlittdn tbet ads leafy a*Cton the t* of the doges . ,
ibe time of the ark or that : likely t to advaiiebr atfeat the head* of the dog In tie Shane.
Signature • Date: w'
is."
- .
VETERINARIAN CERTIFICATION
El) Veterinarian CardfeWoo: (VALID FOR ONLY SEVEN DAYS AFTER IN$UCTIONI) •
1). Yids dog has the *flowing known 4,eire, illness, and Cry eengmital or hereditary oonditiem that advefaely
effeas the hcekb of the dog either at** time of ale or in the Stara
•
2). Raeorameeded ammo treatment if say:
Data eflnspeed=
I verify that the dbeem, Meese or condition does not moire bwpltatlration or aoneteetrve se gieal pmcedurae, at the time of
tete or in the future, and hereby authorise the sate of this deg. ,
Signature: License No.:
A veterinarian statement le net requr7ed tit tatestival of eatarnai parasites valaar t ettptusnee mikes the dog clinieatly iti er it
likely to make the deg dlaically in.
YilRCRA.SER4 KNOWLEDGMLNT
I acknowledge receipt of thins e*e neee and that all medical itifea6utaibn d9I61oasdparent to this mamas( was orally read to me.
Signature of Boyer: '• Vie:. •
Adiirecr.
... Stem City Star Zip Cod*
"ASTAA$I,4ENT bF T1IE SALE OF
a At die;has bfaale, a pwct>Yset of a dog Is etldtled to recaiVe CAL1PO1;NIA LAW GOVERNING
Dar *watts relief.
P�liivs to rnmbuetbta fort may subject the pet dolor to a civil peaty of i 1,000 00perviokdoe. (Health iSafety Code i 122150)
is ti ara.ryd .
STATE or. CALIFORNIA • STATE AND CONSOµsR aURVIaaa AnENhv
ARNOLD SCHWARZEWEOOBRt
f30VERNOR
PET DEALER DISCLOSURE (CAT)
cos,«Iru
Cemmamcr
AfF+tira
Recut iQ O.
RETAIL DEALER
Name:
Address: _
• Street • City Sam Zip Code
SOURCE
Kean iadioatc the acorn at the eat below.
Brooder: Broker Mimi, plena lading::
Name and Address oiScwce
Name: ..,.
Address:'
Street City state s Zip Code
II mots@ is United States Department of Agriculture (USDA) dealer, pRato provide USDA Mend idcnttfoadon i
numbsrl
Date of Birth:
Date cat received by dealer: (Unbolt unknown buns= of source)
Immunisations:
MEDICAL INFORMATION AS OF TIM& OF BALL
Date of Administration Type
Worming Treatment; Date of Administration
Type
Any known disease or sickness that the cat b afflicted with at the lime oriole.
This above medical %forma:ioa shall be orally dhelcaed to the purchaser.
PURCHASER ACKNOWLEDGMENT
t, the purchaser of this CAT, acknowledge the above information was armil7 disclosed to me.
Data of purchase:
Nemet
Address:
Street City Stale Zit Code _
• Failure to corn oleic this form may subject the pet dealer to a cleft peachy of SUMAC per v IDlldOn.
(Health its Satety Code § 122740)
NATIONAL 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 Saies
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
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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 deaf 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.
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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 apply to:
A. Any legally recognized nonprofit charitable organization that provides or
contracts to provide services as a public animal sheltering agency.
S. 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 shaii
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
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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 nonprofit 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):
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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.
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• 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.