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HomeMy WebLinkAbout2013-12-03; City Council; CS-235; Amending Title 7 Municipal Code Repealing Chapter 7.16 Entirety...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ^SLU /r JL ORDINANCE NO. CS-235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 7 OF THE CARLSBAD MUNICIPAL CODE BY REPEALING CHAPTER 7.16 IN ITS ENTIRETY WHEREAS, the City Council of Carlsbad, pursuant to its police powers delegated to it by the California Constitution has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, on October 8, 2013, the City Council of the City of Carlsbad considered the issue of the inhumane treatment of dogs and cats bred in puppy mills and kitten factories; and WHEREAS, on October 8, 2013, the City Council determined that it is necessary to immediately protect and preserve animal welfare in the community by preventing 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 locate in the City at any time and sell animals bred in such conditions; and WHEREAS, on October 8, 2013, the City Council of the City of Carlsbad passed ordinance CS-231, amending Title 7 of the Carlsbad Municipal Code by adding Chapter 7.16 prohibiting the retail sale of dogs and cats; and WHEREAS, on November 5, 2013, the City Council of the City of Carlsbad heard additional public comment and reconsidered the issue of prohibiting the retail sale of dogs and cats; and WHEREAS, the City Council of the City of Carlsbad has determined that prohibiting the retail sale of dogs and cats is not the most effective way to stop 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the practice of breeding and raising dogs and cats in inhumane conditions such as those found in puppy mills and kitten factories; and WHEREAS, the City Council of the City of Carlsbad has determined that the most effective manner of preventing the harms caused by puppy mills and 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; and WHEREAS, prohibiting the retail sale of dogs and cats may harm legitimate business owners who do not obtain their dogs and cats from puppy mills and kitten factories; and WHEREAS, prohibiting the retail sale of dogs and cats and allowing an exemption for the only business currently engaged in the retail sale of dogs and cats in the City of Carlsbad would create a monopoly. SECTION 1. Now, therefore, the City Council of the City of Carlsbad, California does ordain as follows: 1 The above recitations are true and correct. 2. Carlsbad Municipal Code Title 7 is amended by repealing Chapter 7.16 in its entirety. / / / / / / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city cleric shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the 19th day of November 2013, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the 3"^ day of December 2013, by the following vote, to wit: AYES: Council Members Hall, Packard and Douglas. NOES: Council Members Wood and Blackbum. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CELIA A MATT HALL, Mayor ATTEST: „ ENGE2&0N, City Clerk