Ban On Pet Stores Selling Breeder Puppies

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ORDINANCE NO. 5748
AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA
ADDING CHAPTER 6.10 TO THE GLENDALE MUNICIPAL CODE TO PROHIBIT THE SALE
OF ALL DOGS AND CATS BY A RETAIL PET STORE
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. Chapter 6.1 0 (Retail Sale of Dogs and Cats) to Title 6 of the Glendale Municipal
Code, 1995, is hereby added to read as follows:
Sections:
6.10.010
6.10.020
6.10.010 Findings.
Chapter 6.10
RETAIL SALE OF DOGS AND CATS
Findings.
Retail Sale of Dogs and Cats.
a. Existing state and federal laws regulate dog and cat breeders, as well as pet stores that sell
dogs and cats. These include the Lockyer-Polanco-Farr Pet Protection Act (California
Health & Safety Code section 122125 et seq.); the Polanco-Lockyer Pet Breeder Warranty
Act (California Health & Safety Code section 122045 et seq.); the Pet Store Animal Care Act
(California Health & Safety Code section 122350 et seq.); and the Animal Welfare Act
(“AWA”) (7 U.S.C. ยง 2131 et seq.).
b. The Lockyer-Polanco-Farr Pet Protection Act requires pet dealers (i.e. retail sellers of more
than fifty (50) dogs or cats in the previous year; not including animal shelters and humane
societies) to have a permit, maintain certain health and safety standards for their animals,
sell only healthy animals, and provide written spay-neuter, health, animal history and other
information and disclosures to pet buyers. If after fifteen (15) days from purchase a dog or
cat becomes ill due to an illness that existed at the time of sale, or if within one (1) year after
purchase a dog or cat has a congenital or hereditary condition that adversely affects the
health of the dog or cat, an owner is offered a refund, another puppy or kitten, or
reimbursement of veterinary bills up to one hundred and fifty percent (150%) of the
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purchase price of the puppy or kitten.
c. The Pet Store Animal Care Act requires every pet store that sel.ls live companion animals
and fish to formulate a documented program consisting of routine care, preventative care,
emergency care, disease control and prevention, veterinary treatment, and euthanasia.
d. The PolanCO-Lockyer Pet Breeder Warranty Act offers protection similar to that of the
Lockyer-Polanco-Farr Pet Protection Act, except that it applies only to dog breeders who
sold or gave away either three litters or 20 dogs in the previous year.
e. The Animal Welfare Act requires, among other things, the licensing of certain breeders of
dogs and cats. These breeders are required to maintain minimum health, safety and
welfare standards for animals in their care. The AWA is enforced by the United States
Department of Agriculture (“USDA”). However, the AWA’s licensing and inspection
requirements do not apply to facilities that sell directly to the public, including the thousands
that now do so over the internet.
f. According to The Humane SOCiety of the United States, hundreds of thousands of dogs and
cats in the United States have been housed and bred at substandard breeding facilities
known as “puppy mills” or “kitten factories,” that mass-produce animals for sale to the public;
and many of these animals are sold at retail in pet stores. Because of the lack of proper
animal husbandry practices at these facilities, animals born and raised there are more likely
to have genetic disorders and lack adequate socialization, while breeding animals utilized
there are subject to inhumane housing conditions and are indiscriminately disposed of when
they reach the end of their profitable breeding cycle.
g. According to USDA inspection reports, some additional documented problems found at
puppy mills include: (a) sanitation problems leading to infectious disease; (b) large numbers
of animals overcrowded in cages; (c) lack of proper veterinary care for severe illnesses and
injuries; (d) lack of protection from harsh weather conditions; and (e) lack of adequate food
and water.
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h. According to The Humane Society of the United States, American consumers purchase
dogs and cats from pet stores that the consumers believe to be healthy and genetically
sound, but in reality, the animals often face an array of health problems including
communicable diseases or genetic disorders that present themselves immediately after sale
or that do no surface until several years later, all of which lead to costly veterinary bills and
distress to consumers.
i. A 2005 undercover investigation of California pet stores revealed that nearly half of the pet
stores visited displayed animals that showed visible signs of illness, injury, or neglect, and
nearly half of the stores also sold animals showing clear symptoms of psychological
distress.
j. While “puppy mill” puppies and “kitten factory” kittens were being sold in pet stores across
the Los Angeles area during the past year, more than 100,000 dogs and cats were
euthanized in Los Angeles city and county shelters.
k. The homeless pet problem notwithstanding, there are many reputable dog and cat breeders
who refuse to sell through pet stores and who work carefully to screen families and ensure
good, lifelong matches.
I. Responsible dog and cat breeders do not sell their animals to pet stores. The United
Kennel Club (“UKC”), the second oldest all-breed registry of purebred dog pedigrees in the
United States and the second largest in the world, asks all of its member breeders to agree
to a Code of Ethics which includes a pledge not to sell their puppies to pet stores. Similar
pledges are included in Codes of Ethics for many breed clubs for individual breeds.
m. The cities of South Lake Tahoe, West Hollywood and Hermosa Beach have all adopted
ordinances prohibiting the retail sale of dogs and cats.
n. Across the country, thousands of independent pet stores as well as large chains operate
profitably with a business model focused on the sale of pet services and supplies and not on
the sale of dogs and cats. Many of these stores collaborate with local animal sheltering and
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rescue organizations to offer space and support for showcasing adoptable homeless pets on
their premises.
o. An undercover investigation by the national nonprofit organization Companion Animal
Protection Society (“CAPS”) revealed that the largest dog brokering facility in the country
was replete with inhumane and substandard breeding facilities with multiple and repeat
violations of the Animal Welfare Act. It was found that the brokers and/or breeders did not
meet the minimum standards of care under USDA regulations.
p. A local inspection done by CAPS found that there was one pet store within the City of
Glendale that obtains some of its puppies from this large dog brokering facility.
q. The City Council recognizes that not all dogs and cats retailed in pet stores are products of
inhumane breeding conditions and would not classify every commercial breeder selling dogs
or cats to pet stores as a “puppy mill” or “kitten factory.” However, it is the City Council’s
belief that puppy mills and kitten factories continue to exist in part because of public demand
and the sale of dogs and cats in pet stores.
r. The City Council believes that the elimination of the retail sale of dogs and cats from pet
stores in the City will also encourage pet consumers to adopt dogs and cats from shelters,
thereby saving animals’ lives and reducing the cost to the public of sheltering animals.
s. In light of the City’s goal to be a community that cares about animal welfare, the City Council
finds that the adoption of an ordinance prohibiting the sale of dogs and cats by a retail pet
store is necessary to promote community awareness of animal welfare and foster a more
humane environment within the City of Glendale community.
6.10.020 Retail Sale of Dogs and Cats.
a. Definitions. For the purposes of this Chapter, the following definitions shall apply:
1. “Animal shelter” means a municipal or related public animal shelter or duly incorporated
nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or
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surrendered animals, and which does not breed animals.
2. “Cat” means an animal of the Felidae family of the order Carnivora.
3. “Certificate of source” shall mean a document declaring the source of the dog or cat sold
or transferred by the pet store. The certificate shall include the name and address of the
source of the dog or cat.
4. “Dog” means an animal of the Canidae family of the order Carnivora.
5. “Existing pet store” means any pet store or pet store operator that displayed, sold,
delivered, offered for sale, offered for adoption, bartered, auctioned, gave away, or
otherwise transferred cats or dogs in the City of Glendale on the effective date of this
Chapter, and complied with all applicable provisions of the Glendale Municipal Code.
6. “Pet store” means a retail establishment open to the public and engaging in the business
of offering for sale and/or selling animals at retail.
7. “Pet store operator” means a person who owns or operates a pet store, or both.
8. “Retail sale” includes display, offer for sale, offer for adoption, barter, auction, give away,
or other transfer any cat or dog.
b. Prohibition. No pet store shall display, sell, deliver, offer for sale, barter, auction, give away,
or otherwise transfer or dispose of dogs or cats in the City of Glendale on or after the effective
date of this Chapter.
c. EXisting Pet Stores. A legally existing pet store may continue to display, offer for sale, offer
for adoption, barter, auction, give away, or otherwise transfer cats and dogs for a period of one
year from the date the ordinance codified in this Chapter becomes effective.
d. Exemptions. This Chapter does not apply to:
1. A publicly operated animal control facility or animal shelter;
2. A private, charitable, nonprofit humane society or animal rescue organization; or
3. A publicly operated animal control agency, nonprofit humane society, or
nonprofit animal rescue organization that operates out of or in connection with
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a pet store.
e. Adoption of Shelter and Rescue Animals. Nothing in this Chapter shall prevent a pet store or
its owner, operator or employees from providing space and appropriate care for animals owned
by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal
rescue agency and maintained at the pet store for the purpose of adopting those animals to the
public.
SECTION 2. Severability.
If any section, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part
thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of law,
such decision shall not affect the validity or effectiveness of the remaining portions of this
ordinance or any part thereof. The City Council of the City of Glendale hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase thereof regardless of the fact that anyone or more sections, subsections, subdivision,
paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
SECTION 3. This ordinance becomes effective one year after its adoption.
Adopted by the Council of the City of Glendale on the 23rd day of
August , 2011.
ATTEST:
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF GLENDALE
)
)
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SS.
I, Ardashes Kassakhian, City Clerk of the City of Glendale, certify that the foregoing
Ordinance No. 5748 was approved and adopted by the Council of the City of Glendale,
California, at a regular meeting held on the 23rd day of _-“A”‘u”‘g=u”-st=—___ , 2011, and that
the same was passed by the following vote:
Ayes: Manoukian, Najarian, Quintero, Weaver, Friedman
Noes: None
Absent: None
Abstain: None
City Clerk
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