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HomeMy WebLinkAbout2013-07-16; City Council; 21299; Animal Services Pet Adoption and Animal AdvocacyCITY OF CARLSBAD - AGENDA BILL AB# 21,299 PRESENTATION BY STAFF AND COUNTY OF SAN DIEGO OEPT OF ANIMAL SERVICES REGARDING PET ADOPTION AND ANIMAL ADVOCACY DEFTDiRECTDR C---^^^^ MTG. 7/16/13 PRESENTATION BY STAFF AND COUNTY OF SAN DIEGO OEPT OF ANIMAL SERVICES REGARDING PET ADOPTION AND ANIMAL ADVOCACY CITYATTY. DEPT. Police PRESENTATION BY STAFF AND COUNTY OF SAN DIEGO OEPT OF ANIMAL SERVICES REGARDING PET ADOPTION AND ANIMAL ADVOCACY CITY MGR. 2^ RECOMMENDED ACTION: To receive a presentation from Police Department and County of San Diego Department of Animal Services staff regarding pet adoption and animal advocacy. ITEM EXPLANATION: At the request of City Council, Police Department staff and a representative from the County of San Diego Department of Animal Services has prepared a presentation on pet adoption and animal advocacy. The presentation includes an overview ofthe city's contract with Department of Animal Services, specifically spay, neuter and adoption services made available to community members. In addition, staff will summarize how the City of Carlsbad can support pet ownership, and present an overview ofthe considerations around ordinances passed in other California cities banning the retail sale of pets. FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1, Ordinance banning the retail sale of pets from the City of Irvine DEPARTMENT CONTACT: Fiona Everett 760-931-2297 fiona.everett@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WH'HDRAWN O OTHER-SEE MINUTES • AMENDED • REPORT RECEIVED • Council directed staff return with a plan for partnering with the county/organizations to host adoption/mobile spay, neuter clinics at various locations throughout the city (See Minutes for details). 1 TITLE 4 - PUBLIC SAFETY Division 5 - ANIMAL REGUUTIONS CHAPTER 5. COMMERCIAL ESTABLISHMENTS CHAPTER 5. COMIVIERCIAL ESTABLISHMENTS ^ Sec. 4-5-501. Permit required. Sec. 4-5-502. Aoolication. Sec. 4-5-503. Fee. Sec. 4-5-504. Investigation and permit issuance- Sec. 4-5-505. Duration of permit- Sec. 4-5-506. Prohibition on retail sale of does and cats. Sec. 4-5-507. Renewal. Sec- 4-5-508. Enforcement and revocation or suspension of permit Sec- 4-5-509. Display of license or permit. Sec- 4-5-510. Animal records. Sec. 4-5-511. Commercial kennels: numbers of animals. Sec- 4-5-512. Reserved. Sec. 4-5-513. Rules and regulations. Sec. 4-5-514. Emergency information. Sec. 4-5-515. Humane animal care. Sec. 4-5-516- Appeals. Sec. 4-5-501. Permit required. No person shall conduct or operate within the City any commerdal breeding or boarding kennel or cattery, commercial aviary, domestic animal care fadlity. pet shop, grooming parlor, commerdal stable, riding academy, pony ride, guard dog and/or sentry dog service, commerdal animal rescue shop, zoo, animal menagerie, animal exhibition, circus featuring animals not othenwise prohibited by Section 4-5- 1112 pet show, miscellaneous animal reptile establishment, or operate as an animal dealer, without first obtaining an animal establishment pennit from the Director of Public Safety or his or her designee in accordance with the provisions of this Chapter. For the purpose of this section, guard dog and/or sentry dog services located outside the City but providing service within the City on a regular basis shall be included. In addition to the permit required by this Chapter, each commercial establishment shall: 1. Obtain and maintain a valid City business license in accordance with Division 6 of this title; 2. Obtain, where applicable, a Conditional Use Permit as required by Zoning Ordinance Section 3- 3-1; and 3. Comply with any applicable federal, state, or local law, regulation, or ordinance. (Ord. No, 09-10, § 1, 9-22'09- Ord No 11-14 § 12, 10^25.11) Irvine, California, Code of Ordinances Page 1 TITLE 4-PUBLIC SAFETY Division 5 - ANIMAL REGULATIONS CHAPTER 5. COMMERCIAL ESTABUSHMENTS Sec. 4-5-502. Application. Each application for a license or permit required by this Chapter shall be in writing upon a form to be furnished by the Director of Public Safety or his or her designee, and shall contain such infonftiation as the Director of Public Safety or his or her designee shall require. Applications for an animal establishment permit shall be submitled at minimum 30 days in advance of the pnjjected start date of the operation of the establishment or event- Applications may be accepted at less time than the minimum time period indicated at the discretion of the Director of Public Safety or his or her designee. (Ord No 09-10. § 1. 9-22-09) Sec. 4-5-503. Fee. The fee for a license or permit required by the provisions of this Chapter shall be set by resolution of the City Council and shall be paid to the City of In/ine before a license is issued. Thereafter, unless otherwise provided, each fee shall be paid annually in accordance with such resolution. (Ord No 09-10, § 1.9-22-09) Sec. 4-5-504. Investigation and permit issuance. The animal services officer shall conduct an inspection of the intended business location and fadlities and prepare a report for inclusion with the application for an original animal establishment permit or a renewal. The officer's report and recommendations shall be submitted to the Director of Public Safety or his or her designee. The Director of Public Safety or his or her designee may issue an establishment permit to the applicant if he or she makes all of the following findings: A. The keeping of animals, or the conduct of operation of the business for which the animal establishment permit is requested and at the place set forth in the application, will not violate any applicable federal, state, or local law, regulation or ordinance; and B. The keeping of the animals, or the conduct or operation of the business for which the animal establishment permit is requested, will not endanger the health, peace or safety of the community; and C. The premises and establishment where animals are to be kept are in a clean and sanitary condition, and that animals will not be subject to suffering, cruelty or abuse; and D. The applicant has not had a similar animal establishment permit denied or revoked by the City within one year prior to the application; and E. The applicant has not been convicted of any offense involving the violation of California Penal Codes 596 through 599, indusive. or any successor statutes to these Penal Codes, or any provisions of this Chapter, or any applicable federal, state, or local law, regulation, or ordinance; and F. The City has not denied for cause a similar application by the applicant for an animal establishment permit or revoked a previously issued animal establishment pemiit at the same location within the six months immediately preceding the current application, unless the applicant afflmiatively shows and the Animal Services Supervisor finds, by inspection and/or investigation, that the grounds upon which the previous application was denied no longer exists; and Irvine, Califomia, Code of Ordinances Page 2 TITLE 4 - PUBLIC SAFETY Division 5 - ANIMAL REGULATIONS CHAPTER 5. COMMERCIAL ESTABUSHMENTS G. The applicant demonstrates the ability to comply with such other conditions as required by the Director of Public Safety or his or her designee that are consistent with the intent of this Chapter. Permits issued pursuant to this Chapter for certain temporary special events may be given preliminary approval pending an on-site inspection by an animal services officer when the inspection must be done on the day of the event. If the Director of Public Safety or his or her designee finds that one or more of the conditions set forth above are not satisfied, he or she shall deny the permit or license. The applicant shall be notified in writing by the Director of Public Safety whether or not the permit has been granted or denied. Such notice shall be delivered to the applicant in person or by first-class mail with return receipt requested. A decision of the Director of Public Safety or his or her designee to grant or deny a permit or license may be appealed by the applicant as provided In Chapter 14 of this Division, (Ord. No 09-10, § 1.9-22-09) Sec. 4-5-505. Duration of permit Pemiits issued under the provistons of this Chapter shall expire on the date spedfied in the resolution of the City Council. The permit may be revoked or suspended for cause prior to the expiration date in accordance with Section 4-5-508 of this Chapter. The permit also becomes void if the holder thereof changes the location of his or her place of business or sells, assigns, transfers or othenwise disposes of such business or his or her interest therein for a period of 30 days or more. (Ord No 09-10. § 1. 9-22-09) Sec. 4-5-606. Prohibition on retail sale of dogs and cats. A No commerdal establishment shall display, sell, deliver, offer for sale, barter, auction, give away, or othenwise transfer or dispose of dogs or cats In the City on or after the effective date of the ordinance codified in this section. B A pet shop that displayed, sold, delivered, offered for sale, offered for adoption, bartered, auctioned, gave away, or othenwise transferred or disposed of dogs or cats in the City of In/ine as of the effective date of this section, and whose operations complied with all applicable provisions of the Irvine Munidpal Code, may continue to display, offer for sale, offer for adoption, barter, auction, give away, or othenwise transfer or dispose of dogs and cats until the one-year anniversary of the effective date of tiie ordinance codified in this section. C. This section shall not apply to: 1. A commerdal animal rescue shop that offers dogs or cats for an adoption fee; 2. A publicly operated animal control facility or animal shelter; 3. A private, charitable, nonprofit humane sodety or animal rescue organization; or 4. A publidy operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet shop. D. Nothing in this section shall prevent a pet shop or Its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane sodety, or nonprofit animal rescue agency and maintained at ttie pet stop for tiie purpose of adopting those animals to the public. (Ord. No. 11-14. §4. 10-25-11) Irvine, California, Code of Ordinances Page 3 TITLE 4-PUBLIC SAFETY Division 5 - ANIMAL REGULATIONS CHAPTER 5. COMMERCIAL ESTABUSHMENTS Sec. 4-5-507. Renewal. Each permit issued under this Chapter shall be renewed within 30 days after the expiration thereof. (Ord No 09-10. § 1.9-22-09) Sec. 4-5-508. Enforcement and revocation or suspension of permit Failure to comply with the requirements set forth in any permit Issued under the provisions of this Chapter is a violation of tills municipal code subject to the enforcement and revocation or suspension procedures as prescribed and set forth in Chapter 13 of this diviston. A permit issued under the provisions of this Chapter may be revoked or suspended upon failure of the permittee to comply with 1. Any of ttie conditions or terms of approval of such license or permit, or 2. Any applicable federal, state or local law, regulation or ordinance in the exerdse of any rights under said pemiiL (Ord No 09-10. § 1.9-22-09) Sec. 4-5-509. Display of license or permit All permits issued under the provisions of this Chapter shall be displayed in a conspicuous place on the licensed premises. (Ord. No. 09-10. § 1.9-22-09) Sec. 4-5-510. Animal records. The holder of an animal establishment permit Issued pursuant to this Chapter shall keep available for inspection on the premises covered by such permit a record of each animal kept at such establishment. Said record shall contain, but not be limited to. the following infomiatton: 1. The name, cun^ent address and telephone number of the owner of each animal; 2. The descriptton of the animal, including breed or species, age, name, sex. and color; 3. The date the animal entered the establishment; 4. The reason for the animals stay at the establishment; 5. The name of a veterinarian approved by the owner to provide care and/or treatment for the animal; and 6. An emergency contact person and telephone number. In addition to the foregoing requirements, the owner or person overseeing the establishment shall comply with all applicable City, state or federal regulations pertaining to the keeping of records for which a permit has been granted, (Ord No 09-10. § 1,9-22-09) Sec. 4-5-511. Commercial kennels; numbers of animals. At any time there are more animals than a commerdal establishment permit allows, the person operating such establishment must obtain a new permit that allows the keeping of the greater number of Irvine, California, Code of Ordinances Page ^ TITLE 4-PUBLIC SAFETY Division 5 - ANIMAL REGULATIONS CHAPTER 5. COMMERCIAL ESTABLISHMENTS animals. The fonner pennit shall be cancelled and a credit for the cancelled permit fee shall be allowed on Uie new permit. (Ord No 09-10. § 1, 9-22-09) Sec. 4-5-512. Reserved, Sec. 4-5-513. Rules and regulations. The Director of Public Safety or his or her designee may, in the rules and regulations promulgated pursuant to this Chapter, establish reasonable standards requiring any place for which a permit is granted to be maintained In a dean, sanitary and humane condition. A copy of such rules and regulations shall be fumished to each applicant for a permit on the filing of the application. (Ord No 09-10. § 1.9-22-09) Sec. 4-5-514. Emergency information. Each commercial establishment shall have posted in such a place as to be legible from the exterior of the building, names, addresses, and telephone numbers of persons to be notified In case of emergency. (Ord No 09-10, § 1. 9-22-09) Sec. 4-5-515. Humane animal care. Every person who owns, conducts, manages or operates any commercial animal establishment or commercial animal rescue shop for which a permit is required pursuant to this Chapter shall comply witti each of the following conditions: A. No dog or cat under the age of eight weeks shall be bought or shipped into the City for the purpose of adoption, and no such dog or cat shall be offered for adoption by any dealer or commercial animal rescue shop. B. Every dog or cat offered for an adoption fee must be examined by a State-licensed veterinarian and be certified free of congenital defects, distemper, worms, skin disease, skin and ear mites, and other diseases or condition which would be injurious to the animal or a potential owner C. Every dog or cat offered for an adoption fee shall have been vacdnated against distemper and parvo. A vaccination record providing the date of vaccination, lot number, and manufacturer must be provided to the person adopting the puppy or kitten at the time of adoption. D. No animal shall be transported by a commerdal kennel, pet shop, commerdal animal rescue shop, or dealer, whether by private or publfc means, unless housed in a container designed for that purpose including provisions for adequate ventilation and food and water. E. No animals shall be without attention more than 18 consecutive hours. F. Every reasonable precaution shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means. Any tack, equipment, device, substance, or material that Is or could be injurious or cause unnecessary cmelty to any animal is prohibited. Animals which are natural enemies or are temperamentally or otherwise are Incompatible shall not be housed or quartered together or so near each other as to cause injury or tomient Irvine, California, Code of Ordinances Page 5 TITLE4-PUBLICSAFETY Diviston 5 - ANIMAL REGULATIONS CHAPTER 5. COMMERCIAL ESTABLISHMENTS G. Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. H. Every building or enclosure wherein animals are maintained, shall be constmcted of material easily cleaned and shall be kept in a sanitary condition. The building shall be properiy ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow obsenration of animals and sanitation. t Any animal shall be taken to a veterinarian for treatment if the animal services officer or any person authorized to enforce this Chapter finds such treatment Is necessary in order to maintain the health of the animal and orders the owner or custodian to do so. When the owner or custodian is unable or unwilling to transport an animal for such treatment, the animal may be impounded pursuant to this Chapter for the purpose of having it examined and/or treated by a licensed veterinarian in order to maintain the health of the animal. The cost of impoundment and the veterinarian expenses shall be the responsibility of the owner or custodian. J All animal rooms, cages, kennels, shipping containers, and mns shall be of a sufficient size to provide adequate and proper accommodations and protection from the weattier for the animals kept therein. As a minimum, sufficient space must be provided for every animal within an enctosure to separately and together, stand up, lie down, and tum around In a natural position free of obstruction. K. No animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition shall be displayed to ttie public. L Clean potable water shall be available to all animals in conformance with the prindples of good animal husbandry unless restricted by a veterinarian. Proof of such veterinanan restrictions shall be presented to the animal sen/ices officer upon requesL Water receptacles, containers or dispensers shall be kept in a dean and sanitary state at all times. M Food receptades shall be accessible to all animals unless restricted by a veterinarian and shall be located so as to minimize contamination by excreta. Proof of any veterinanan restnctions shall be presented to the animal services officer upon request. Food contaminated by unne shall be discarded and replaced with fresh uncontamlnated food. Disposable receptades may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of dry food, and they shall be kept dean and free of mold, deterioration and the caking of food. N. Any other applfcable federal, state, or local law, regulation or ordinance. (Ord. No 09-10. § 1, 9-22-09. Ord. No. 11-14. § 13. 10-25-11) Sec. 4-5-516. Appeals. Any dedsion of the Director of Publfc Safety or the Animal Services Supen/isor. or their respective deslgnee(s). under the provisions of this Chapter may be appealed in accordance with ttie procedures prescribed and set forth in Chapter 14 of this division. (Ord. No 09-10. § 1. 9-22-09) Irvine, California, Code of Ordinances Page 6 California Pets Westfield Plaza Camino Real Carlsbad, CA Chuck and Joyce Newberry www.californiapetssandiego.com The Newberrys and Califomia Pets In the pet business since 1968 Twelve Mall locations In Westfield Escondido for 25 years In Westfield Carlsbad for 13 years Sole Proprietors Staff 8-10 Wages Paid to Employees 2011 114,014. Wages Paid to Employees in 2012 141,483. Wages Paid to Employees in 2013 YTD 83,431. Taxable Sales 2012 990,479. Taxable Sales 2013YTD 545,594. Sales Tax collected 2012 76,762. Sales Tax collected 2013 YTD 46,648. Local Tax Collected 2012 9,904. Local Tax collected 2013 YTD 5,125. San Diego Sales Tax Collected 2012 4,962. San Diego Sales Tax Collected 2013 YTD 2,562. Carlsbad Property Taxes Paid 7,085. Carlsbad Business License 327. San Diego County Business Tax 151. Veterinarian Care in 2012 38,787. Veterinarian Care in 2013 YTD 16,046. Number of puppies sold in the last year 656 Average per month 55 Visits from Animal Control in the last 12 months 1 Citations from animal control in 13 years 0 Lawsuits in 13 years 0 Wonderful staff who spend so much time caring for the animals. Everyone is an animal lover willing to do whatever it takes to make sure all the pets are cared for properly. They amaze me. Our puppies come to us socialized and ready to receive all the attention we have for them! Encourage socialization...many of our loyal customers come in regularly to play with the puppies. There are always puppies playing in the store. All breeder information disclosed Show pictures of Sire and Dam in many cases We abide by all the provisions of state law including paying up to 150% ofthe price of the puppy in vet bills if puppy has issues. Close association with vets including weekly inspections of all puppies and frequent visits to the hospital. Isolation rooms with climate control and seperate ventilation system. Our puppies have been regulated from the time they are bred until they are sold. Each puppy is sold with a pet insurance policy. This assures our customers that they will not have any out of pocket expenses. Our overall storewide claims rate with Paws Insurance is 11.89%. The insurance company complimented us for this. It also reflects the care our puppies have been given before they are sent home. We strongly recommend spay and neuter at the time of sale. We furnish information from our veterinarians and they follow up with reminders. We have had an outpouring of support from our loyal customer base since this ordinance passed in San Diego. Our phone was ringing off the hook the next day. Everyone was relieved to know it did not affect us. We rival the Apple store as most popular in the mall! Military families fmd their family dog in our Carlsbad store. What a joy to see their family leave with the new puppy. Activists unfounded statistics 99% come from puppy mills 90% end up in shelters Having been in this business for as long as we have, we know conscientious breeders. Our breeders have been in business some as long as we have. It takes many years to build a good kennel. Having a large kennel does not mean you are a puppy mill. Treating an animal inhumanely places a kennel in the puppy mill status. USDA kennels have decreased over the last 6 years by almost 50%. The puppy mills are being put out of business. What negative impact have these puppies had to the City of Carlsbad that you would want to close our store? Why would you want to take away the right of our customers to come into California Pets and choose a puppy from the most beautiful selection of puppies to be found in any one place? Why buy from our California Pets? 1. We provide healthy puppies. 2. We provide veterinarian care. 3. We and our sources for puppies are regulated at the state and federal level. 4. We provide consumer protection. 5. We help people fmd the best breed for their lifestyle. 6. Visits to the store ensures capatability. 7. We rely on customer satisfaction. Unintended consequesnces of putting us out of business would be that our customers would go to the internet and backyard breeders for their puppies. Those breeders are not regulated or taxed in any way. There are no health warranties or consumer protection and no follow-up veterinarian care urging spay and neuter practices. Pet Adoption and Animal Advocacy City Council Workshop July 16, 2013 County of San Diego Department of Animal Services •Contract since 1986 County of San Diego Department of Animal Services Contract includes: –Law enforcement, sheltering, veterinary care, and pet adoption services –Low cost spay/neuter services –Hosting clinics in the community for rabies vaccination –Hosting adoption events County of San Diego Department of Animal Services(cont’d) •Carlsbad stats: –Cost $540,970 in FY2014 –Since July 1, 2012 responded to over 800 calls – 98% of calls met response time benchmarks –Impounded 833 animals, 22% claimed, 57% adopted, 20% euthanized –Sold 2,962 licenses, for a total of 7,789 licensed dogs in Carlsbad Harold W. Holmes Deputy Director County of San Diego Department of Animal Services County of San Diego Department of Animal Services •Overview •Advocating for animals –Enforcement –Care of homeless animals –Hosting clinics in the community for rabies vaccination and adoptions –Low cost spay/neuter services –Disaster/evacuation preparation County of San Diego Department of Animal Services •Adoption partnerships with: –Rancho Coastal Humane Society –San Diego Humane Society –House Rabbit Society –Second Chance Dog Rescue –The S. Ford Foundation (cat rescue) –Other breed specific rescues San Diego County Department of Animal Services •What else can Carlsbad do? –Encourage Carlsbad pet supply businesses to host adoption events in partnership with DAS or other rescue organizations –Host adoption, licensing and/or vaccination events at city facilities –Use city communications to encourage community members to spay/neuter, license and microchip their pets, and to adopt from the shelter in Carlsbad 9 Animal Advocacy 10 Puppy Mills •The term “Puppy Mill” implies high volume commercial breeding facility •Vague term, with no solid definition Animal Welfare Laws •Federal –1966 Animal Welfare Act – minimum care standards for animals bred for commercial resale –2008 Farm Bill – prohibits importation of puppies under 6 months •State of California –Higher standards of care beyond the federal level –Nutrition, space, socialization requirements Why are cities passing ordinances against commercial pet sales? •Animal advocates say: –Federal and state laws not enough –They make a connection between puppy mills and commercial pet sales Ordinances are Consistent •Cities with ordinances include Irvine, Chula Vista, Huntington Beach, Laguna Beach, San Diego: –Bans the retail sale of dogs, cats, puppies, kittens and rabbits in retail businesses –Excepts local rescues and humane societies –Protects local private, small scale breeders Considerations •Changing pet store business model •Relationship between retail pet sale and adopting pets •Defining good breeders •Balancing ethics and business Here in Carlsbad we have… •One retail store that sells animals •Multiple pet supply stores – sell pet supplies, no dog/cat sales Questions?