HomeMy WebLinkAbout2013-11-19; City Council; 21430; Introduce Ordinance Repeal Chapter 7.16 Muni CodeCITY OF CARLSBAD - AGENDA BILL 8
AB# 21.430 INTRODUCE ORDINANCE AMENDING TITLE 7
OF THE CARLSBAD MUNICIPAL CODE BY
REPEALING CHAPTER 7.16 IN ITS ENTIRETY
DEPT.DIRECTOR
MTG. 11/19/13
INTRODUCE ORDINANCE AMENDING TITLE 7
OF THE CARLSBAD MUNICIPAL CODE BY
REPEALING CHAPTER 7.16 IN ITS ENTIRETY
CITY ATTY. i'/^ ^
DEPT. CA
INTRODUCE ORDINANCE AMENDING TITLE 7
OF THE CARLSBAD MUNICIPAL CODE BY
REPEALING CHAPTER 7.16 IN ITS ENTIRETY CITY MGR.
RECOMMENDED ACTION;
Introduce ordinance no. CS-235 amending Title 7 ofthe CaHsbad Municipal Code by repealing
chapter 7.16 in its entirety.
ITEM EXPLANATION:
Qn October 8, 2013, the City Council considered the issue of the inhumane treatment of dogs and cats
bred in puppy mills and kitten factones and passed an urgency ordinance CS-231 to prohibit the retail
sale of dogs and cats which may be bred in puppy mills and/or kitten factones and/or new retail pet
stores which could locate in the City at anytime and sell animals bred in such conditions. CS-231,
amended Title 7 of the Carlsbad Municipal Code by adding Chapter 7.16 prohibiting the retail sale of
dogs and cats.
On November 5, 2013, the City Council heard additional public comment and reconsidered the issue of
prohibiting the retail sale of dogs and cats. The 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 factones. Instead, the most effective
manner of preventing the harms caused by puppy mills and kitten factones 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 not obtain their dogs and cats from puppy mills and kitten factones, and allowing an exemption
for the only business currently engaged in the retail sale of dogs and cats in the City of CaHsbad would
create a monopoly.
The City Council directed the City Attorney to prepare an ordinance repealing Chapter 7.16 of the
Carlsbad Municipal Code in its entirety.
FISCAL IMPACT;
There is no immediate fiscal impact associated with the adoption ofthis Ordinance.
ENVIRONMENTAL IMPACT;
Repeal of Ordinance 7.16 is exempt from the California Environmental Quality Act pursuant to the
California Code of Regulations, Title 14, Chapter 3, section 15061(b)(3) of the State CEQA Guidelines
("The General Rule") since it can be seen with certainty that there is no possibility that the activity may
have a significant effect on the environment.
DEPARTMENT CONTACT: City Attorney 760-434-2891
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
EXHIBITS;
1. Ordinance CS-235
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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
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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.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk 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
Carlsbad City Council on the I9th day of November , 2013, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2013, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARARA ENGELSON, City Clerk
(Seal)
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