HomeMy WebLinkAbout2013-10-08; City Council; 21395; Introduce Adopt Ordinance Prohibit Sale Dogs CatsCITY OF CARLSBAD - AGENDA BILL 11
INTRODUCE AND ADOPT URGENCY
ORDINANCE, AND INTRODUCE ORDINANCE,
AMENDING CARLSBAD MUNICIPAL CODE
CHAPTER 7 WITH THE ADDITION OF
CHAPTER 7.16 PROHIBITING THE SALE OF
DOGS AND CATS IN RETAIL PET STORES
DEPT. DIRECT0R2i?M.-f^
CITY ATTORNEY
CITY MANAGER,
RECOMMENDED ACTION:
Introduce and Adopt Urgency Ordinance No. CS-231 and introduce Ordinance No.
CS-232 amending Carlsbad Municipal Code Title 7 to add Chapter 7.16 prohibiting the sale of
dogs and cats in retail pet stores.
ITEM EXPLANATION:
City staff and the County of San Diego Department of Animal Services presented reports to the
Carlsbad City Council on July 16 and September 17, 2013 regarding pet adoption and animal
advocacy. Presentations included information on why California cities are passing ordinances
regulating commercial pet sales in an attempt to thwart puppy mills and kitten factories,
commonly understood to be high volume commercial breeding facilities where profit is given
priority over the well-being of the animals.
Although several state and federal laws already regulate the sale of animals, the Humane
Society of the Unites States remains concerned about the hundreds of thousands of dogs and
cats in the United States which have been housed and bred in substandard breeding facilities
known as "puppy mills" or "kitten factories" that mass produce large volumes of animals for sale
to the public, many of which are sold through retail pet stores. Because of the lack of proper
animal husbandry practices at these puppy/kitten mill facilities, animals born and raised are
more likely to have genetic disorders and lack adequate socialization, while breeding animals
utilized are subject to inhumane housing conditions and are indiscriminately disposed of when
they reach the end of their profitable breeding cycle. USDA inspection reports also document
problems found at puppy/kitten mills which include sanitation problems leading to infectious
disease, large numbers of animals overcrowded in cages, lack of proper veterinary care for
severe illnesses and injuries, lack of protection from harsh weather conditions, and lack of
adequate food and water.
DEPARTMENT CONTACT: Fiona Everett 760-931-2279 fiona.everett@carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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•
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CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER - SEE MINUTES JSt
Council introduced and adopted Urgency Ordinance No. CS-231.
No action taken on Ordinance No. CS-232.
Page 2
The Humane society is hopeful that the discontinuation ofthe retail sale of dogs and cats in pet
Stores will promote community awareness of animal welfare and in turn will foster a humane
environment in the City.
The elimination of the retail sale of dogs and cats in pet stores in the City should also
encourage pet consumers to adopt dogs and cats from shelters and rescue organizations,
thereby saving animals' lives and reducing the cost to the public of sheltering animals.
The City currently has only one retail pet store which has never received a violation notice of
any kind. It is proposed that existing pet stores be exempted from the ordinance.
This ordinance, which makes any violation a misdemeanor, will be enforced by the San Diego
County Department of Animal Services with which the City contracts for all animal control
related services in the City of Carlsbad.
If adopted, the urgency ordinance will take effect immediately to preserve the public health,
safety and welfare. The companion ordinance, which mirrors the urgency ordinance except for
the urgency findings, will be introduced concurrently with the urgency ordinance but would not
be adopted until the next regular meeting ofthe City Council to become effective thirty days
thereafter, and would replace the urgency ordinance.
FISCAL IMPACT:
There is no immediate fiscal impact associated with the adoption ofthis Ordinance but
ultimately it may reduce the public cost of sheltering animals.
ENVIRONMENTAL IMPACT:
Prohibition of the sale of dogs and cats in retail pet stores in the City of Carlsbad is exempt from
the California Environmental Quality Act pursuant to the California Code of Regulations, Title
14, Chapter 3, section 15061(b)(3) ofthe 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.
EXHIBITS:
1. Urgency Ordinance No. CS-231
2. Ordinance No. CS-232
3. Correspondence received in relation to this agenda item.
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ORDINANCE NO. 08-231
AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 7 OF THE
CARLSBAD MUNICIPAL CODE WITH THE
ADDITION OF CHAPTER 7.16
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, City of Carlsbad staff members and the Department of
Animal Services for San Diego County presented reports to the Carlsbad City
Council on July 16 and September 17, 2013, on Pet Adoption and Animal Advocacy
that included a discussion of why California cities are passing ordinances regulating
commercial pet sales in an attempt to thwart "puppy mills" and "kitten factories"; and
WHEREAS, 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 pet shops; and
WHEREAS, the City of Carlsbad is currently without an enforceable
ordinance prohibiting pet stores from displaying, selling, delivering, offering for
sale, bartering, auctioning, giving away, or otherwise transferring or disposing of
dogs or cats; and
WHEREAS, the City Council has determined that it would be
detrimental to the welfare of the community to be without the protection of an
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ordinance eliminating the retail sale of dogs and cats in pet stores to preserve animal
welfare; and
WHEREAS, the City Council has determined that it is necessary for the
public welfare to immediately recognize the importance of animal welfare, provide a
humane environment in the City, and save animal lives; and
WHEREAS, the City Council has determined that it is necessary to
immediately protect and preserve animal welfare in the community which may be
jeopardized by retail pet stores which begin to sell dogs and cats 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, this ordinance is adopted pursuant to Government Code
section 36937 allowing the adoption of such urgency ordinance to take effect
immediately to ensure the immediate preservation of public peace, safety and
welfare in the City of Carlsbad; and
SECTION 1. Now, therefore, the City Council of the City of Carlsbad,
California does find as follows:
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 etseq.); the
Polanco-Lockyer Pet Breeder Warranty Act (California Health & Safety Code
section 122045 etseq.); the Pet Store Animal Care Act (California Health & Safety
Code section 122350 ef seq.); and the Animal Welfare Act ("AWA") (7 U.S.C. §
2131 etseq.)
b. The Lockyer-Polanco-Farr Pet Protection Act requires pet dealers
(i.e. retailer 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 the sale, or within one (1)
year after purchase, a dog or cat has a congenital or hereditary condition that
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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 purchase price of the puppy or kitten.
c. The Pet Store Animal Care Act requires every pet store that sells 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").
f. 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 immediately after sale or that do not surface until several years later, all of
which lead to costly veterinary bills and distress to consumers.
g. 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 in
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 pet stores. Because of the lack of proper animal husbandry practices at
these facilities, animals born and raised are more likely to have genetic disorders
and lack adequate socialization, while breeding animals utilized are subject to
inhumane housing conditions and are indiscriminately disposed of when they
reach the end of their profitable breeding cycle.
h. 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
property veterinary care for severe illnesses and injuries; (d) lack of protection
from harsh weather conditions; and (e) lack of adequate food and water.
i. While "puppy mill" puppies and "kitten factory" kittens were being
sold in pet stores in San Diego County during the past year, thousands of dogs
and cats were euthanized in city and county shelters in San Diego County .
j. 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.
k. 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
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pledge not to sell their puppies to pet stores. Similar pledges are included in the
Code of Ethics for many breed clubs for individual breeds.
I. Within the past year, there has been significant community activity in
many cities in California to convince local pet store operators to convert from
puppy sales to a humane business model offering adoptable homeless dogs and
cats to their customers.
m. 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 rescue organizations to offer space
and support for showcasing adoptable homeless pets on their premises.
n. While 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", it is the City Council's belief that puppy mills and kitten factories
continue to exist in part because of the public demand and the sale of dogs and
cats in pet stores.
0. The City Council finds that the retail sale of dogs and cats in pet
stores that operate or choose in the future to operate in the City of Carlsbad must
be consistent with the City's goal to be a community that cares about animal
welfare.
p. The City Council believes that eliminating the retail sale of dogs and
cats in pet stores in the City will promote community awareness of animal welfare
and, in turn, will foster a more humane environment in the City.
q. The City Council believes that elimination of the retail sale of dogs
and cats in 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.
SECTION 2: That section 7.16 is added to Carlsbad Municipal Code
read as follows:
7.16.010 - Retail Sale of Dogs and Cats Prohibited
a. Definitions. For 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 surrendered animals, and which does not breed
animals.
2. "Cat" means an animal of the Felidae family of the order Carnivora.
3. "Dog" means an animal of the Canidae family of the order Carnivora.
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4. "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 othenwise transferred cats or dogs in the City of
Carlsbad on the effective date of this Chapter, and complied with all applicable
provisions of the Carlsbad Municipal Code.
5. "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.
6. "Pet store operator" means a person who owns or is designated by
an owner to operate a pet store, or both.
7. "Retail sale" includes display, offer for sale, offer for adoption, barter,
auction, give away, or other transfer of any cat or dog.
b. Prohibition. No pet store shall display, sell, deliver, offer for sale,
barter, auction, give away, or othen^/ise transfer or dispose of dogs or cats in the
City of Carlsbad.
c. Exemptions. This Chapter does not apply to:
1. any pet store selling dogs and cats in the City of Carlsbad as of the
time this ordinance is adopted.
2. a person or establishment that sells, delivers, offers for sale, barters,
auctions, gives away, or otherwise transfers or disposes of only animals that were
bred and reared on the premises of the person or establishment;
3. a publicly operated animal control facility or animal shelter;
4. a private, charitable, nonprofit humane society or animal rescue
organization; or
5. a publicly operated animal control agency, nonprofit humane society
or nonprofit animal rescue organization that operates out of or in connection with a
pet store.
d. 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.
7.16.20 - Notice of violations of chapter.
This chapter shall be enforced by the San Diego County Department of
Animal Services. Any person who violates any of the provisions of this chapter
may be served with written notice of such violation by any law enforcement officer
of the county. Notice may be served upon such person personally, by mail or by
posting such notice for five days in a conspicuous place where the violation
occurs.
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7.16.030 - Violations after notice deemed misdemeanor.
(a) Every pet store operator violating any provision of this chapter who
has been served with written notice of such violation as prescribed by section
7.16.020 and who refuses to comply with such notice is guilty of a misdemeanor.
(b) Each animal simultaneously displayed, offered for sale or sold in
violation of this section constitutes a separate violation of this section.
Furthermore, the display, offer for sale, offer for adoption, barter, auction, giving
away, or otherwise transferring of cats or dogs after the date a citation has been
issued shall also constitute a separate violation.
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EFFECTIVE DATE: This ordinance shall be effective immediately upon
passage and shall be of no further force and effect as of the date of adoption of
Carlsbad IVIunicipal Code Chapter 7.16, Prohibiting Commercial Sale of Dogs and
Cats Ordinance. The City Clerk shall certify the adoption of this ordinance and
cause it to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
Carlsbad City Council on the 8*^ day of October, 2013.
AYES: Council Members Wood, Blackburn and Douglas.
NOES: Council Member Hall.
ABSENT: Council Member Packard.
APPROVED AS TO FORM AND LEGALITY:
ER. City Attomey
ATTEST:
BARARA ENGE^^^i'c^cierk
.'^^y:.. '..oj^^
r O
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ORDINANCE NO. CS-232
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 7 OF THE CARLSBAD
MUNICIPAL CODE WITH THE ADDITION OF
CHAPTER 7.16
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, the Department of Animal Services for San Diego County
presented reports to the Carlsbad City Council on July 16 and September 17, 2013,
on Pet Adoption and Animal Advocacy that included a discussion of why California
cities are passing ordinances regulating commercial pet sales in an attempt to thwart
"puppy mills"; and
WHEREAS, 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 pet shops.
SECTION 1. Now, therefore, the City Council of the City of Carlsbad,
California does find as follows:
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 etseq.); the
Polanco-Lockyer Pet Breeder Warranty Act (California Health & Safety Code
section 122045 etseq.); the Pet Store Animal Care Act (California Health & Safety
Code section 122350 ef seq.); and the Animal Welfare Act ("AWA") (7 U.S.C. §
2131 etseq.)
b. The Lockyer-Polanco-Farr Pet Protection Act requires pet dealers
(i.e. retailer sellers of more than fifty (50) dogs or cats in the previous year; not
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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 the sale, or 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 purchase price of the puppy or kitten.
c. The Pet Store Animal Care Act requires every pet store that sells 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").
f. 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 immediately after sale or that do not surface until several years later, all of
which lead to costly veterinary bills and distress to consumers.
g. 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 in
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 pet stores. Because of the lack of proper animal husbandry practices at
these facilities, animals born and raised are more likely to have genetic disorders
and lack adequate socialization, while breeding animals utilized are subject to
inhumane housing conditions and are indiscriminately disposed of when they
reach the end of their profitable breeding cycle.
h. 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
property veterinary care for severe illnesses and injuries; (d) lack of protection
from harsh weather conditions; and (e) lack of adequate food and water.
i. While "puppy mill" puppies and "kitten factory" kittens were being
sold in pet stores in San Diego County during the past year, thousands of dogs
and cats were euthanized in city and county shelters in San Diego County .
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j. 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.
k. 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 the
Code of Ethics for many breed clubs for individual breeds.
I. Within the past year, there has been significant community activity in
many cities in California to convince local pet store operators to convert from
puppy sales to a humane business model offering adoptable homeless dogs and
cats to their customers.
m. 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 rescue organizations to offer space
and support for showcasing adoptable homeless pets on their premises.
n. While 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", it is the City Council's belief that puppy mills and kitten factories
continue to exist in part because of the public demand and the sale of dogs and
cats in pet stores.
0. The City Council finds that the retail sale of dogs and cats in pet
stores that operate or choose in the future to operate in the City of Carlsbad must
be consistent with the City's goal to be a community that cares about animal
welfare.
p. The City Council believes that eliminating the retail sale of dogs and
cats in pet stores in the City will promote community awareness of animal welfare
and, in turn, will foster a more humane environment in the City.
q. The City Council believes that elimination of the retail sale of dogs
and cats in 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.
SECTION 2: That section 7.16 is added to Carlsbad Municipal Code
read as follows:
7.16.010 - Retail Sale of Dogs and Cats Prohibited
a. Definitions. For purposes of this Chapter, the following definitions shall
apply:
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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 surrendered animals, and which does not breed
animals.
2. "Cat" means an animal of the Felidae family of the order Carnivora.
3. "Dog" means an animal of the Canidae family of the order Carnivora.
4. "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
Carlsbad on the effective date of this Chapter, and complied with all applicable
provisions of the Carlsbad Municipal Code.
5. "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.
6. "Pet store operator" means a person who owns or is designated by
an owner to operate a pet store, or both.
7. "Retail sale" includes display, offer for sale, offer for adoption, barter,
auction, give away, or other transfer of 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 Carlsbad.
c. Exemptions. This Chapter does not apply to:
1. any pet store selling dogs and cats in the City of Carlsbad as of the
time this ordinance is adopted.
2. a person or establishment that sells, delivers, offers for sale, barters,
auctions, gives away, or othenA/ise transfers or disposes of only animals that were
bred and reared on the premises of the person or establishment;
3. a publicly operated animal control facility or animal shelter;
4. a private, charitable, nonprofit humane society or animal rescue
organization; or
5. a publicly operated animal control agency, nonprofit humane society
or nonprofit animal rescue organization that operates out of or in connection with a
pet store.
d. 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.
7.16.20 - Notice of violations of chapter.
This chapter shall be enforced by the San Diego County Department of
Animal Services. Any person who violates any of the provisions of this chapter
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may be served with written notice of such violation by any law enforcement officer
of the county. Notice may be served upon such person personally, by mail or by
posting such notice for five days in a conspicuous place where the violation
occurs.
7.16.030 - Violations after notice deemed misdemeanor.
(a) Every pet store operator violating any provision of this chapter who
has been served with written notice of such violation as prescribed by section
7.16.020 and who refuses to comply with such notice is guilty of a misdemeanor.
(b) Each animal simultaneously displayed, offered for sale or sold in
violation of this section constitutes a separate violation of this section.
Furthermore, the display, offer for sale, offer for adoption, barter, auction, giving
away, or otherwise transferring of cats or dogs after the date a citation has been
issued shall also constitute a separate violation.
//
//
//
//
//
//
//
//
//
//
//
//
//
//
-5-
EFFECTIVE DATE: This ordinance shall be effective thirty daj^ after
its adoption; and the city clerk shall certify the adoption of this ordinanc^nd cause
the full text of the ordinance or a summary of the ordinance prepa)^ by the City
Attorney to be published at least once in a newspaper of genej/Tcirculation in the
City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at ^regular meeting of the
Carlsbad City Council on the day of / 2013, and thereafter
PASSED AND ADOPTED at a regy(&r r * the City Council of
the City of Carlsbad on the day of / *he following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM/ND
CELIA A. BREWERf Cit
MATT HALL, Mayor
ATTEST:
BARARA ENGELSON, City Clerk
(Seal)
6-
Morgen Fry
Subject: FW: We Arre Officially Boycotting The City Of Carlsbad Until Pet Stores Who Sell Puppies Are
Banned!
From: And Justice 4 All Animals rmailto:andiustice4allanimals@qmail.com1
Sent: Sunday, September 29, 2013 12:05 PM
To: Council Internet Email
Subject: We Arre Officially Boycotting The City Of Carlsbad Until Pet Stores Who Sell Puppies Are Banned!
We Are Officially Boycotting The City Of Carlsbad Until Pet Stores Who Sell Puppies From Puppy Mills Are
Banned.
This Information Has Been Sent To Thousands Of San Dlego County Residents And Will Be Posted All Over
Facebook, Etc.
What Is A Puppy Mill?
Puppy Mills are FOR PROFIT facilities where millions of dogs are kept in small wire cages 24 hours a day, seven
days a week, without any human companionship and very little veterinary care if any, until they DIE. The
females are bred continuously 2-3 times per year for approximately 7-8 years and typically only live half of
their normal lifespan. If they do happen to live longer than they are capable of breeding, they are discarded
like trash...yes, they are killed. http://en.wikipedia.org/wiki/Puppv mill
99% Of Puppies Sold In Pet Stores Are From Puppy Mills Even If The Pet Stores Denies It.
10 Million Dogs, Puppies, PURE BRED Dogs, Cats And Kittens Are Killed In America's Shelters Each Year And
Yes, Most Are Healthy And Adoptable Pets.
TORES WHO SELL PUPP
PET STORES ANP PUPPY MILLS IN SAN PIEGO COUNTY
Five Cities In San Diego County Have Pet Stores Who Sell Puppies From Puppy Mills Or
Puppies In General For Profit: Oceanside. Carlsbad. Escondido. Santee And National Citv.
Cities In San Diego County With BANS On Pet Stores Who Sell Puppies From Puppy Mills And
Puppies In General For Profit: SAN DIEGO AND CHULA VISTA.
The First State Ban Is In The Works. http://www.nbcconnecticut.com/news/local/State-Considers-Banning-
Puppv-Mills-225202692.html
CITIES THAT SELL PUPPIES FROM PUPPY MILLS AND PUPPIES IN GENERAL FOR PROFIT IN SAN
DIEGO COUNTY.
BOYCOTT The Cities Below. Conduct All Your BUSINESS In Other Cities In San Diego And Let
These City Councilmembers Know. See Complete LIST Below.
Oceanside
Oceanside Puppy
1906 Oceanside Blvd. Oceanside, CA 92054
Phone (760) 967-5852
http://puppies-for-sale-online.com/contact-us/
Owner-David Salinas
Pet Stores will state that they do not sell puppies from puppy mills when it has been proven that they do. This
is very common in the industry. It has been proven that David Salinas sells puppies from puppy mills.
Carlsbad
California Pets
Westfield Mall - Coastal Location
2525 El Camino Real 264, Carlsbad, CA 92008
Phone: 760-730-0377
Phone: 760-741-7387
http://californiapetssandiego.com/contactus.nxg
Pet Stores will state that they do not sell puppies from puppy mills when it has been proven that they do. This
is very common in the industry.
Escondido
PA Puppy Avenue
(Conveniently located ofthe 78 &. 15 Fwy- Please Call for Address.)
619-786-7362
http://www.puppvavenue.com/contact
Pet Stores will state that they do not sell puppies from puppy mills when it has been proven that they do. This
is very common in the industry.
AND
California Pets
Westfield Mall - North Inland Location
200 E. Via Rancho Pkwy. 363, Escondido, CA 92025
2
Phone: 760-741-7387
http://californiapetssandiego.com/contactus.nxg
Pet Stores will state that they do not sell puppies from puppy mills when it has been proven that they do. This
is very common in the industry.
Santee
Pups & Pets
50 Town Center Parkway, Santee, Ca 92071
(619) 562-0036
http://puppiesforsalesandiego.com/contact/
Pet Stores will state that they do not sell puppies from puppy mills when it has been proven that they do. This
is very common in the industry.
National Citv
Fiesta Pet Shop
1145 Highland Ave, Suite A, National City, CA 91950
619-477-5997
http://www.fiestapetshop.net/home.nxg
Pet Stores will state that they do not sell puppies from puppy mills when it has been proven that they do. This
is very common in the industry.
Conduct All Your Shopping And Business In The Cities Below:
Vista
San Marcos
Fallbrook
Leucadia
Encinitas
Cardiff
Solona Beach
Del Mar
Rancho Bernardo
Poway
The City Of San Diego
Many Others In Both East And South San Diego County.
Contact All The Citv Councilmembers Below And Inform Them.
1. Oceanside City Council council@ci.oceanside.ca.us
2. Carlsbad City Council council@carlsbadca.gov
3. Escondido City Council http://www.escondido.org/citv-council-contact-us.aspx
4. Santee City Council http://www.ci.santee.ca.us/lndex.aspx?page=351
5. National City City Council council@nationalcitvca.gov
Morgen Fry
From: Council Internet Email
Sent: Monday, September 30, 2013 2:47 PM
To: Fiona Everett
Cc: Morgen Fry
Subject: FW: Pet Stores in Carlsbad
Attachments: Pet Shop Guidlines Humane Society.pdf; awa.pdf; USDA APHIS 2011-0003.pdf; Rules and
Regulations.pdf; USDA Retail Pet Rule.pdf; APHIS questions and answers.pdf; HEALTH AND
SAFETY CODE 122125-122220.pdf; Health and Safety code 2009.pdf; USDA statementpdf;
Council.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
This email came into the Council Internet Email.
From: joe shamore [mailto:joeshamore@gmail.com]
Sent: Saturday, September 28, 2013 8:43 PM
Subject: Pet Stores in Carlsbad
City Of Carlsbad California
Mayor Matt Hall
Mayor Pro Tem Mark Packard
Council Member Keith Blackburn
Council Member Farrah Golshan Douglas
Council Member Lorraine Wood
Good Afternoon,
I am writing today because there is growing concem animal activists are on the prowl to ban pet stores from existing. It
would be a crime to see their movement pass because pets whether it be adopted or purchased are a great part of our lives.
They bring so much joy to children, adults, and seniors. Pets are also known to be therapeutic for humans, and in some
instance other animals. Banning pet stores would not only be devastating millions of people and animals but would also
be the beginning of extinction of other animals on our planet. Furthermore, this is a billion dollar industry which employ
and in part stimulates our economy. Enforcing current law, regulating breeders and pet dealers should be the solution
instead.
Ethical pet stores obtain their pets from govemment regulated breeders. The USDA and other animal societies inspect
these breeders. For years the story was said that the USDA was understaffed and could not regulate all brokers and
breeders. This may have been tme in the past century, but it certainly does not hold tme this day and age. USDA has
revised and enforced the laws of the Animal Welfare Act resulting in the closure of thousands of inhumane breeders last
year alone. To me it says the USDA and APHIS are doing their job.
If the concem is inhuman puppy mills then the regulation on a pet store should be that they only use USDA regulated
breeders, not close the doors to millions of pet lovers. The USDA and APHIS are the only genuine non bias federal
inspectors in our country. Animal activist claim the USDA supports the inhuman treatment of animals. That clearly is a
direct blow to our Federal Govemment Agency and country itself. The Humane Society is also designed to enforce animal
laws locally and out of state. However, they are not an agency like the USDA or APHIS. If you review the history of the
AWA 1966 animal protection act, you will find the USDA has amended the policy with animal welfare close to a dozen
times since 1966 so the law would continue to enforce the ethical treatment of animals.
Again, forcing pet dealers to stop selling puppies is completely unethical and will create the beginning of extinction of
animals on the planet and add to the crunch of our economy. What about the families that want to have unconditional love
from a pet? Let the public not forget animals are also therapeutic to all walks of life. The public shouldn't be stripped of
their God given right to adopt or purchase.
Banning regulated pet stores will reverse federal regulations and encourage unregulated breeders to sell on the net and
newspapers. We will then see an increase of unhealthy animals and overcrowded shelters. There is already an
overwhelming amount unregulated breeding on the net and in newspapers. USDA is now currently working on new
legislation to control the abuse of non regulated breeders.
All breeders, which include show and private breeders, should follow the applicable laws. There is no need to push for an
undiplomatic solution of legislation or ordinance but instead enforce current law and perhaps adding to it. Punishing pet
stores and taking away people's rights to sell, buy, or adopt a pet through a pet store is not the solution to prevent the
overpopulation of animals in shelters. There are more pets going into shelters from the result of unregulated breeders
through the newspaper and online, not from regulated pet stores and breeders.
Last year alone thousands of breeders seized to exist because they would not or could not adjust to the new USDA
regulations. It sounds to me that the control of inhumane puppy mills have already taken affect on federal level leaving the
public, city and state council to have a peace of mind knowing action is already in place. Punishing good ethical pet
dealers is unfair. Again the only new regulation, if any, a pet store should have is they are only allowed to use USDA
breeders, otherwise known as govemment regulated breeders. The real banning of the sale of pets should be against
unregulated breeders from newspapers and online sources. In addition, local shelters should be encouraged to work with
local pet stores to help adopt out their pets. It shouldn't be one or the other, adopt or buy. The people have the right to
choose.
Another known fact; pet insurance companies know the ratio of sick puppies from pet stores are low because they are seen
by more veterinarians than any other pet organization. It is already a state law the pet dealer is responsible for illness
which encourages the pet dealer to only choose regulated breeders or brokers. Backyard and unregulated breeders don't
adhere to the laws already in place. A responsible pet store should frown on and not contribute to these practices.
These types of facts are pertinent for council and the public to know before a decision is made to ban the sale of pets
which will start the extinction of other animals on the planet. Regulate instead and enforce current law. Animals and
people have been friends for as long as history has been recorded. It would make no sense that our Country, State, or
Cities would endorse the slaughtering of animals for human consumption rather than allowing govemment regulated
breeders to breed for unconditional love through pets.
Should there be a tighter regulation on pet stores, yes. Are there laws pet stores need to follow already, yes. Is it ethical to
ban regulated pet dealers and breeders? No. It makes no sense to seize an industry that is already govemed by Human
Society, AWA, USDA, ASPCA, APHIS, Animal Control, Humane Society etc.
I am clearly asking council to research the laws already in place for breeders and pet dealers before making a final
decision. They are in compliance with federal and state laws.
Following my statement are Pet Shop Guidelines, AWA revision 2007 guidelines to breeders and everyone in the
industry, APHIS -2011-0003 RIN 0579-AD57, Rules and Regulations for pet stores, APHIS questions and Answers,
Health Safety Code Section 122125-122220, USDA Retail Pet Rule, Health and Safety Code update 2009, and a written
public statement from the USDA.
Once again, I am asking council to consider not banning pet stores from existing but enforce pet stores to only use
Govemment Regulated Breeders and enforce shelters to work with pet dealers to help adopt out pets too. For years
shelters refuse to link up with full line animal pet stores because of political views. The real focus should be each
organization helping fmd homes for all pets in our great country and not stripping people of their rights to adopt or buy a
pet.
Thank you for your time.
Respectfully,
Joe Shamore
Joe Shamore
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may
contain legally privileged and/or confidential information. If you are not the intended recipient ofthis e-mail (or
the person responsible for delivering this docimientto the intended recipient), you are hereby notified that any
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you have received this e-mail in error, please respond to the individual sending the message, and permanently
delete the original and any copy of any e-mail and printout thereof
Donna Heraty
Subject: FW: Puppy Mills
From: And Justice 4 All Animals fmailto:and1ustice4allanimals(g)qmail.com]
Sent: Tuesday, October 01, 2013 12:30 PM
To: Council Internet Email
Subject: Re: Thank you.
To Carlsbad Councilmembers,
We were informed that you are taking steps to ban any additional pet stores who sell puppies from puppy
mills from the City of Carlsbad. Thank you for taking the appropriate steps and we will support you in any way
possible.
Sincerely,
San Diego County Residents Against Animal Abuse And Neglect
Donna Heraty
Subject: FW: Pet Store Ordinance
From: Zola Rices Muhammad |"mailto:zkrm71@yahoo.com]
Sent: Tuesday, October 01, 2013 4:17 PM
To: Council Internet Email
Subject: Pet Store Ordinance
Hello Council Members,
Can you please tell me who is involved in the creation of a pet store
ordinance? What we have been hearing is that California Pets located in
Carlsbad mall will be grandfathered In. Is this information true, and can you
tell me not only who is working on it but how far a long you are in passing
it?
Thank you,
Zola Muhammad
San Diego Animal Defense Team
C*^> CITY OF
V CARLSBAD
October 7, 2013
nil Receive - Agenda Item # JU
For the Information of the:
CITY COUNCIL
ACM CA _^CC v/
Date Mx. City Manager
To: MAYOR AND CITY COUNCIL
From: CITY ATTORNEY
Via: CITY MANAGER
Subject: ERRATA TO AGENDA BILL 21,395
This is an errata sheet for Agenda Bill 21,395, Amending Carlsbad Municipal Code
Chapter 7 with the Addition of Chapter 7.16 Prohibiting the Sale of Dogs and Cats in
Retail Pet Stores. The specific revisions are shown below In a strike-out and underline
format:
Errata to Urgency Ordinance CS-231
Revise Section 7.16.010.C.1 to add the phrase "except that such store shall not be
allowed to expand or relocate so long as it continues the retail sale of dogs and/or cats;"
c. Exemptions. This Chapter does not apply to:
1. any pet store selling dogs and cats In the City of Carlsbad as of the time
this ordmance is adopted, except that such store shall not be allowed to expand
or relocate so long as it continues the retail sale of dogs and/or cats:
Errata to Ordinance CS-232
Revise Section 7.16.010.C.1 to add the phrase "except that such store shall not be
allowed to expand or relocate so long as it continues the retail sale of dogs and/or cats;"
c. Exemptions. This Chapter does not apply to:
1. any pet store selling dogs and cats in the City of Carlsbad as of the time
this ordinance is adopted, except that such store shall not be allowed to expand
or relocate so long as it continues the retail sale of dogs and/or cats;
City Attorney
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax I www.carlsbadca.gov
Morgen Fry ^
Subject: FW: Letter submission for City Council Agenda AB#21,394
Attachments: Let 2 City of Carlsbad.pdf
All Receive - Agenda Item #
. . ^,_.,^„ , ____ _ ...??L??£j,Of^!!!§???.^^
From: Sheila Fowler rmailto:benQals4u(ia)sbcalobal.net] CITY QQy|fQ£~ —
Sent: Monday, October 07, 2013 7:31 PM ACM v/_ CA CO \/_
To: City Clerk Date M5_ City Manager ^
Subject: Letter submission for City Council Agenda AB#21,394
Dear Carlsbad City Council,
I am submitting the attached letter in opposition to forcing pet stores to
sell dogs or cats from unregulated sources such as from humane societies,
animal shelters and animal rescue groups. Unintended consequences include
introduction of new diseases from foreign countries via one of the
stipulated sources.
I will try to attend the meeting, but with no prior warning it is hard to
reschedule my calendar in time, but I will make an effort. Please take
the time to read my one page letter to have a broader view on what such an
ordinance may do.
I am available as a resource should the Council want to consider
regulating the pet store to guarantee puppies do not come from puppy
mills.
Sincerely,
John Fowler
San Marcos, CA
(760) 533-3313
6 October 2013
City of Carlsbad
Dear Mayor and Council Members,
It is with surprise that I write to you after Just today discovering the Carisbad City Council is preparing an emergency act
to make into law and ordinance banning pet sales in pet stores without the full vetting from opposing viewpoints.
I am well acquainted with the statements being made by San Dlego Humane and San Dlego Animal Defense Team. Their
pictures and statements are compelling. And, if those were all factual there would be no need to question any further
action. I attended the discussions of such ordinances in the City of Chula VIsta, City of San Dlego and the City of
Oceanside. It appears that the information presented may not ever have been vetted.
Part of a vetting process is to verify claims made that may result in laws being generated on the information presented
as facts by various groups. For example, when presented with pictures/videos of dogs or cats living in poor condition,
were you also presented with the name ofthe facility, address ofthe facility, name ofthe owner and phone number
along with the date the picture/video was taken so you could contact those individuals to verify the pictures/videos are
current and correct? If you were not provided that level of Information, then the picture/video was not verified and
confirmed to be relevant to the issues being presented: that those facilities are supplying dogs and cats into California
pet stores TODAY and that those facilities are puppy mills.
Your potential ordinance gives exemption to dogs or cats supplied from Humane Organizations, Rescue Groups and
Animal Control Shelters. None of these sources are regulated. None ofthe animals they purport to offer for sale come
with genetic screening, known health history or known behavior Issues. There is no certification process for these
sources. Worse is the ipact that there are hundreds of animal rescue organizations in California and some of those
receive dogs and cats from out of state and out of country. Are they all given access to this new puppy sale process?
Who is going to decide which ones are valid and which ones are not? And what are the criteria for accepting one rescue
group over another? This must be taken into consideration before the Council releases a law that allows these sources
full legal priority to be sold in the City of Carlsbad's licensed pet store. The city will now be libel for all issues relating to
behavior, health and genetic history coming from uncontrolled and unregulated supply of dogs and cats. The public
must have traceability of any health or behavior issue, but such will now be denied by law.
In terms of cats, I have talked with Cat Fanciers Association (CPA) and The International Cat Association (TICA) and not
one breeder knows of any such thing as "Kitten Factories" in the United States. This is a term bandied about by the
various animal rights groups, again with no supporting verifiable evidence that such things exist.
If the Council has pursued the evidence to verify the pictures and videos shown to you in evidence of puppy mills
existing today in the United States that supply California pet stores with puppies, I would commend you for performing
your due diligence. If not, I would urge you to obtain the information I have identified and call the identified facilities
and verify the pictures or videos are of their facility today and not something taken many years ago that may not exist
today.
Finally, I want to agree that selling puppies produced by anyone using unsanitary conditions, no concern for breeding
stock and without proper animal husbandry knowledge and education is against everything we all hold dear for the care
and condition of animals. But, we must not substitute one failed method with another. Verifying that a pet store is
selling puppy mill supplied puppies is verifiable and must be levied on the owner of such an establishment. No
responsible breeder will ever sell a puppy or kitten to a pet store for any reason. All breed organizations have worked
tirelessly to prohibit even the thought of selling to a pet store. I would hope that the City of Carlsbad takes the time to
verify claims made by San Diego Humane; the Animal Defense Team and others before plunging into a situation where
the city will bear responsibility for bringing in new health issues due to animals supplied by rescue groups whose animals
come from outside ofthe United States.
Sincerely,
John Fowler
San Marcos, CA
Morgen Fry
Subject: FW: AB #21,396 -INTRODUCE AND ADOPT URGENCY ORDINANCE, AND INTRODUCE
ORDINANCE. PROHIBITING THE RETAIL SALE OF DOGS AND CATS.
Importance: High
From: Kristine Alessio FmaHto:qattobello(g)cox.net]
Sent: Monday, October 07, 2013 8:36 PM
To: Coundl Internet Email
Subject: AB #21,395 -INTRODUCE AND ADOPT URGENCY ORDINANCE, AND INTRODUCE ORDINANCE, PROHIBFTING
THE RETAIL SALE OF DOGS AND CATS.
Dear Mayor Hall and Members of the Council,
On behalf of the Intemational Cat Association (TICA) and responsible cat breeders throughout the country, I
urge you to vote against the above-referenced ordinance.
Pet stores are not related to pet overpopulation. There is no causal relation to the sales of pedigreed dogs and
cats via pet stores impacting shelter intakes. Legitimate businesses should be allowed to flourish in Califomia
rather than be subject to something which, factually speaking, is at best a "feel good" ordinance.
I am also the Vice Mayor of the City of La Mesa, and I understand the need to weigh issues which affect one's
constituents very carefully and I urge you to vote "no" on this misguided attempt to protect animals at the cost
of destroying economic opportunities for business in Carlsbad.
Should you have any questions or concems, please do not hesitate to contact me. But for my own Council
meeting tomorrow, I would be at your meeting to address this ordinance in person.
Sincerely,
Kristine Christensen Alessio
Kristine C. Alessio,Esq,
Regional Director, TICA Southwest Region
Director, Savannah Rescue www.svrescue.com
619-806-4058
Andrea Dykes
From:
Sent:
To:
Subject:
Adrienne Hamilton <adriennehamllton72@gmail.com>
Tuesday, October 08, 2013 9:05 AM
Council Internet Email
Pet Store Ordinance
Dear Council Members,
1 support the pet store ordinance being considered tonight, and 1 strongly encourage the Council to limit the exemption for
existing stores to one year. Pet stores must be encouraged to adapt to changes in the marketplace, just as other
businesses do.
Thank you,
Adrienne Hamilton
Former Carlsbad resident, current San Diego resident.
760-828-5299
Andrea Dykes
From:
Sent:
To:
Subject:
Livia Borak <livia@coastlawgroup.com>
Tuesday, October 08. 2013 9:13 AM
Council Internet EmaH
City Council Agenda Item 11. AB #21,395 - Ordinance Prohibiting Retail Sale of Dogs and
Cats
Please accept this email In support ofthe above-referenced Item. 1 urge the Council to adopt the ordinance and limit the
exemption for existing stores to one year.
Thank you,
Livia Borak
Livia Borak
llvia@coastlawaroup.com
Coast Law Group UP
1140 South Coast H^hway 101
Encinitas, Califomia 92024
teL 760.942.8505x118
fax 760.942.8515
The information contained in this e-mail is intended only for the personal and confidential use ofthe recipient(s) named above. This message may be an
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Andrea Dykes
From: Ivars Ozolins <ivars1999@yahoo.com>
Sent: Tuesday, October 08, 2013 9:48 AM
To: councll@carlsbad.ca.gov; Council Internet Email
Subject: Ban the Sale of Non-Rescue Dogs and Cats In Carlsbad
Hello and Good Morning Carlsbad City Council,
I am a local citizen who shops at numerous Carlsbad stores. I understand that tonight the Carlsbad
City Council will consider a ban on the sale of non-rescue dogs and cats In commercial pet stores in
Carlsbad. My message to you is that I wholly SUPPORT the pet store ordinance - stop the sale of
'puppy mill' dogs in the great city of Carlsbad. Please limit the exemption for existing stores to a a
maximum period of one year.
Thank you for your time and consideration of this important topic.
Sincerely,
Ivars Ozolins
631 3rd Street
Encinitas, CA 92024
Andrea Dykes
Prom: Elizabeth Oreck <elizabetho(gbestfriends.org>
Sent: Tuesday, October 08, 2013 10:18 AM
To: Council Internet Email; City Clerk; Manager Internet Email
Subject: Support letter for proposed pet sales ordinance from Best Friends Animal Society
Attachments: Carisbad Pet Sales Ordinance Support Letter 10-08-13.pdf
Dear Mayor Hall and members ofthe Council,
Attached please find a letter of support for the proposed pet sales ordinance from Best Friends Animal
Society.
Best Friends is one of the leading animal welfare organizations In the United States. We operate the
largest no kill animal sanctuary In the country, as well as a large municipal adoption center and
spay/neuter clinic in Los Angeles, and offices across the country. We are committed to bringing about a
time of No More Homeless Pets, and we believe that a pet sales ordinance in Carlsbad will take us one
step closer to achieving that goal.
We worked very closely with the city councils of Los Angeles, Glendale, Burbank, San Dlego, Irvine and
Huntington Beach to enact similar ordinances. Please note that although we included generous grace
periods for existing pet stores to phase out the sale of milled animals (and several of the stores
transitioned to offering only rescued pets for adoption), pet stores were not exempted in any of those
cities, and I hope that you, too, will opt to enact your ordinances without an exemption.
On behalf of our 250,000 members, we thank you for your consideration of this important proposal.
Sincerely,
Elizabeth Oreck
National Manager, Puppy Mill Initiatives
Best Friends Animal Society
(818) 521-0355, Tel
PUPPvmills.bestfriends.ora
Together, we can Save Them Air"^
Please visit and "like" our Facebook page, I Adopted a Puppy Mill Dog
Make your voice count! Join Voices for No More Homeless Pets to take action for animals in your
community
f% Best Friends
%mm^ ANIMAL SOCIETY
5001 Angel Canyon Road • Kanab, Utah 84741-5000 ^ (435)644-2001 . www.bestfriends.org
8 October 2013
Carisbad City Council
1200 Carlsbad Village Drive
Carisbad, CA 92008
Re: Retail Pet Sales Ordinance
Dear Mayor Hall and members of the City Council,
On behalf of Best Friends Animal Society, a national animal welfare organization in its
thirtieth year, 1 would like to offer support for an ordinance to ban the retail sale of dogs
and cats in Carisbad pet stores. We urge you to join the other thirty-seven cities in North
America that have made the change to no longer allow pet stores to sell commercially
bred domestic pets.
Pet mills, particularly puppy mills, are a serious problem in the U.S. These facilities,
which supply nearly 100% of retail pet stores, are cruel and Inhumane factories in which
profit and maximum productivity take priority over the welfare of the animals.
Although these breeders may be regulated, their standards do not ensure a humane life
for animals; in fact, they do little more than require food and water. USDA inspection
reports show that many of these facilities continue to sell animals to local pet stores
even after being cited for serious violations ofthe Animal Welfare Act.
These types of kennels can legally have hundreds - often a thousand - animals in one
facility, and these animals are allowed to be confined to very small cages for their entire
lives.
Because the goal is to make a profit, mill owners must cut corners to keep expenses low
and profits high. Forthe unsuspecting consumer, this frequently results in the purchase
of a pet facing an array of communicable or congenital diseases, many of which don't
surface until after the pet lemon law is applicable. This creates a financial and emotional
burden on the consumer, who believes he or she is buying a pet from the best source
possible, and results in many of these animals being surrendered to our already
overcrowded shelters.
It makes little sense to continue manufacturing dogs and cats while so many are being
killed for lack of space. Public education has been effective, but until communities take
the Initiative to limit the supply of animals being imported from these mostly out-of-state
commercial facilities, there can be no hope of preventing these unnecessary deaths.
Carisbad City Council
8 October 2013
Page Two
1 do hope that you reconsider the exemption for the existing pet store. Pet stores that
obtain their animals from mills are not an asset to the community, yet it is those retailers
who benefit most from the sale ofthese pets. While they may profit from the practice of
buying puppies and kittens at a low price from commercial brokers and then selling them
(typically without first spaying or neutering them) at a high price, it is the taxpaying public
who pays for animal control to house and kill unwanted animals in the community.
Pet stores that sell commercially bred animals could be part of the solution rather than
the problem, simply by either stopping pet sales altogether (and focusing on other
profitable, ancillary components such as grooming, daycare or pet supplies), or by
changing to a business model that offers products, services, and space for animal
rescue organizations to adopt out animals from their stores. Best Friends has partnered
with several of the many pet stores that have transitioned from selling milled dogs and
cats to offering rescued pets for adoption, and we have found this progressive model to
be both viable and embraced by the communities in which the stores are located. Thus,
a ban on the retail sale of pets would not preclude pet stores from staying in business,
and could in fact alleviate a significant burden on the city by increasing pet adoptions. It
would also not impact responsible, hobby breeders.
We have been honored to work with the Southem California cities that have enacted
these ordinances, most recently San Diego, Los Angeles, Burbank, Huntington Beach,
Irvine, Glendale, Laguna Beach. We are proud to support you in your efforts to make
Carlsbad a humane and progressive leader for the rest ofthe country to follow, and we
encourage the Council to take a compassionate, common sense initiative to addressing
the pet mill crisis in your community.
Thank you for your consideration ofthis important proposal.
Respectfully,
Elizabeth Oreck
National Manager, Puppy Mill Initiatives
Best Friends Animal Society
puppymills.bestfriends.org
elizabetho(g^bestfriends.orq
(818)521-0355
Andrea Dykes
l^rom: Christine White <pchristlnewhite(gyahoo.com>
Sent: Tuesday, October 08, 2013 2:24 PM
To: Council Internet Email
Subject: Please don't let pet stores sell non-rescued dogs
Today at 10:24 AM
I am a resident of Carisbad and 1 wanted to let you know that 1 support the pet store ordinance being considered tonight
and I hope the Council will limit the exemption for existing stores to one year, (Preferably, the sale of non rescue
dogs, should be eliminated immediately.) Pet stores are known for obtaining their puppies from puppy mills an Industry
that chums out puppies at the expense of the male and female adult dogs that are producing them. The conditions are
horrific for the breeding dogs, i.e. small wire cages which they live in 24/7, no access to veterinarian care, no protection
from the weather, etc. They have a lonely deprived life with no human interaction. The pups they produce often have
serious medical conditions that cost buyers significant sums of money to correct, if the puppies don't die (This is
a frequent occun-ence in puppy mills puppies.) We don't need to support this type of industry in our city 'piease protect
consumers by supporting this ordinance.
Sincerely.
Tim and Christine White
3459 Pleasant Vale
Carlsbad, CA 92010
Andrea Dykes
From:
Sent: To:
Subject:
Barbara Baenziger <bbaenziger@yahoo.com>
Tuesday, October 08, 2013 2:28 PM
Council Internet Email
Re. Puppy mill ordinance
Dear members of the Carlsbad City Council -
I urge you to support the pet store/puppy mill ordinance you will be considering tonight. The City of
Carlsbad does not need dogs from puppy mills. Puppy mills breed dogs under pitiful conditions, and those dogs
frequently exhibit problems due to the lack of sanitation,overcrowding, and proper nourishment. Please also
consider an exemption of existing stores only for one year.
Also, for every dog bred by a puppy mill a dog in a shelter potentially loses his chance for a home - and even
his life. I hope you will do the right thing for the animals - and for the City of Carlsbad.
Thank you for considering my request,
Barbara Baenziger
Andrea Dykes
From:
Sent:
To:
Subject:
Dorothy McCorkle <dmcpetsflrst@cox.net>
Tuesday. October 08, 2013 2:46 PM
Council Internet Email
BAN PUPPYMILL DOG SALEs
I support the ban on puppy mill sales in pet stores. Please limit the exception for the existing store to
one year; not indefinitely. ^
Not only are puppy mill animals raised in tem'ble conditions, they may have illnesses and Injuries that
last for many years. Secondly, every dog sold to a new owner may be bred again and again in order
to recapture the original sales price. Without any breeding restrictions on these dogs, we are simplv
increasing the number of dogs into the population.
Our shelters are already full. We do not need more dogs. Each dog sold eliminates a home for a
rescue/shelter dog thereby INCREASING pet overpopulation and INCREASING the costs for
sheltenng homeless pets.
Thank you for your consideration.
Dorothy McCorkle, President
McCorkle Research Services
TESTIMONY OF THE PET INDUSTRY JOINT ADVISORY COUNCIL BEFORE
THE CARLSBAD, CALIFORNIA CITY COUNCIL REGARDING
ORDINANCE NO. CS-231 (RETAIL PET SALE BAN)
October 9,2013
The Pet Industry Joint Advisory Council (PUAC) appreciates the opportunity to offer the
Carlsbad City Council our views regarding the proposed ordinance prohibiting the retail
sale of dogs and cats in pet shops. As the country's largest pet trade association,
representing the interests of all segments of the pet industry throughout the United
States, PUAC counts among its members national associations, organizations,
corporations and individuals involved in the commercial pet trade. More specifically,
PUAC represents the interests of pet stores, distributors, pet supply manufacturers,
breeders, retailers and pet owners throughout the state of Califomia and across the
United States.
Let me start by saying that nobody cares more about healthy and safe pets than does
PUAC and our members. We have for many years provided a well-respected animal
care certification program that is widely utilized by not only persons in the commercial
pet trade but shelters and humane societies as well. Our association has long been
recognized as the voice for a responsible pet trade, and we routinely advocate legislative
and regulatory proposals establishing governmental mandates where appropriate to
advance the public interest and welfare of pets, PUAC works closely with USDA to
ensure effective enforcement of the federal Animal Welfare Act, and has since its
inception. We regularly work with federal and state agencies as well as local
governments to advance animal welfare interests.
Even as we have worked to raise standards of care, PUAC has battled misconceptions
about the quality of pet store animals and the source of such animals. The
unsubstantiated assertion that pet store puppies generally come from substandard
breeding facilities is commonly used as a smoke screen to obscure the fact that the
overwhelming majority of pet owners who choose pet stores bring home a happy,
healthy pet and that they remain highly satisfied with their pet store experience.
The reality is that almost all pet store puppies originate from USDA licensed breeders
who are regularly inspected and found to comply with appropriate care standards. By
contrast, many of the dogs and cats from other sources, including rogue Internet
operators, private breeders, shelters and rescues, did not come from licensed breeders.
What purpose does this proposed ban serve? It doesn't protect consumers, who already
enjoy far more protection in the law for the animals they get from pet stores than from
any other source. They would merely be deprived of looking to a pet store as one of
several alternatives for acquiring a pet, and in the process lose statutory protections that
they currently enjoy. It doesn't protect the animals themselves. As already noted, pet
store puppies are as healthy as any others and typically receive more frequent veterinary
eare than puppies from other sources. As well-intentioned as this proposal may be, it is
unsupported by all available facts.
PET INDUSTRY JOINT
ADVISORY COUNCIL
114619* Street. N.W., Suite 350
Washington, DC 20036
Tel: 202-452-1525
Fax: 202-452-1516
CHAIRMAN
Ken Oh
WF Young, Inc.. East Longmeadow, MA
FIRST VICE-CHAIRMAN
Jeff Sutherland
Animal Supply Company. Federal Way, WA
SECOND VICE-CHAIRMAN
Rolf Hagen
Rolf C. Hagen Inc., Bale D'urfe, Quebec
SECRETARY/TREASURER
Andy Ponte
United Pet Group, Cincinnati, OH
DIRECTORS
Ryan Boyle
The Hunte Corporation, Goodman, MO
Bill Brant
The Gourmet Rodent, Newberry, FL
Greg Cyr
Central Garden and Pet, Walnut Creek, OA
Tom Ediing
Petco Animal Supplies, San Diego, CA
Chris Fleming
Pinnacle Pet, Neosho, MO
Michael Peterson
The Pet Group, Carisbad, CA
Laura "Peach" Reid
Fish Mart inc., West Haven, CT
Jim Seidewand
Pet World, Inc.. Rochester. NY
Marcie Whichard
PETCO Animal Supplies Inc.. San Diego, CA
ASSOCIATION REPRESENTATIVES
Jim Boschee (WPA)
Calabasas, CA
Cedric Damby (PIDA)
PFX Pet Supply, LLC. W. Sacramento, CA
Sandra Moore (FTFFA)
Segrest Farms. Gibsonton. FL
Ken Oh (APPA)
W F Young, Inc., East Longmeadow, MA
PAST CHAIRMEN
James Heim
Walnut Creek, CA
Frank Koch
Pacoima, CA
Allan Levey
Secaucus, NJ
Elywn Segrest
Gibsonton, FL
PRESIDENT and ceo
Mil<8 Canning, Esq., CAE
The exemption provided in the Carlsbad proposal suggests that the council believes existing retailers are operating
in a responsible maimer, which this ordinance seems to suggest is not possible. If the existing retailer is operating
in a responsible manner, why can't future retailers be held to their already high standard?
It should also be noted that breeders who provide animals to retailers are subject to USDA scrutiny and oversight.
Banning the sale of dogs and cats by pet stores that are subject to strict regulation and sourcing transparency will
only drive prospective pet owners to unscrupulous sellers of pets who are not licensed and are unconcerned about
compliance with ^imal care standards, Hius, in considering an arbitrary and capricious ordinance, Carlsbad
risks enacting a law that will not only fail to alleviate the conditions about which it has concems, but will actually
exacerbate the very problem the ordinance would seek to address.
Animals delivered to pet stores in Califomia are highly regulated:
• In the state of their birth
• In the state of their distributor
• By the federal govemment
• By Califomia when the animals enter the state
• And animal cruelty is a criminal offense everywhere
Some make the claim that by prohibiting the sale of commercially bred dogs, cats and rabbits in pet stores that
will lead to more adoptions of shelter animals. No independently developed data supports this claim. PUAC
knows that animal control facilities and non-profits are often excellent sources for pets for some prospective pet
owners, however, not for everyone. Many shelter animals are relinquished because of socialization or health
issues. Adoption may not be an appropriate option for families looking for a certain breed of animal. There are
varied reasons why families choose the animals they do. They should have that choice and not be denied the pet
that best fits their family's requirements.
Furthermore, California has some of the strictest pet warranty laws in the country. People who purchase pets from
pet stores in California have ample opportunity to recover under alternative remedies if the purchase an unfit
animal from a pet store. In obviating this consumer protection provided under state law, the proposal adversely
impacts small businesses and pet owners alike within Carlsbad. Only pet stores provide this warranty - shelters,
breeders and rescue groups do not offer a warranty.
Hyperbole and emotionalism is a poor substitute for rational evaluation of objective information in establishing
public policy. PUAC recognizes that a few substandard facilities supplying pet stores do exist, as do substandard
breeders providing dogs directly to the public and, in fact, substandard shelters as well. And, our efforts to ensure
humane standards of care are met in all of these facilities will continue. However, singling out pet stores for
specious generalizations based on anecdotal evidence will NOT eliminate the existence of substandard
conditions. While this proposal may be a "feel good" approach it onty diverts attention away from efforts to really
accomplish effective solutions and we urge the City Council not to move forward with the proposal.
PUAC is highly sympathetic to the concems motivating this proposed ordinance, but an outright ban on retail pet
sales is unjustified, harmful to the future of the local economy and ultimately will fail to better protect pets. We
respectfully urge the City Council to reject the ban and not impose excessive restrictions on all pet owners by
preventing legitimate local businesses that are committed to the health, safety and well-being of animals frorn
becoming a part of the Carlsbad community and economy.
If the purpose ofthis proposal is to place tighter restrictions on the sources of animals coming into Carlsbad's pet
store, PUAC woukl welcome the opportunity to work with the members of the City Council and othei"
govemment officials to raise the bar to ensure proper animal sourcing. For instance, common sense solutions
would require:
• Animals come from only USDA licensed breeders
• Breeders sourcing animals dogs m a Carlsbad pet store shall not have an entry on their last USDA
inspection report that directly impacts animal health (these records are searchable online) - these
inspection reports could travel with the animal and be made available to the customer
We look would welcome the opportunity to work with the city of Carlsbad to arrive at a meaningful public policy
solution related to the care of animals. By working together we can make sure the citizenry of Carlsbad continue
to have access to healthy animals to love as pets.
Thank you greatly for your consideration of our views.
Respectfully submitted,
Michael Canning, President
Pet Industry Joint Advisory Council
Andrea 0}
From:
Sent:
To:
Subject:
Sophie <docsophie422@yahoacom>
Tuesday, October 08. 2013 3:03 PM
Council Internet Email
Pet ordinance
n^^^r J ^ '® ^'^u® f"^' ""^ ^ °f ^^'•'^''3^ society and I am writing to show my
support for the ordinance that non rescue pets not be sold in pet stores. 1 also request that existina
businesses limit their time of continuing the practice of selling non rescue pets to one year or less
Thank you. -Sophie Sent from my iPhone
Andrea Dykes
From: Gina McBride <gina@mcbridefinancial.com>
Sent: Tuesday, October 08, 2013 3:38 PM
To: Andrea Dykes
Subject: Banning retail sales of pets in Carisbad
Importance: High
Hi Andy....Would you please distribute this e-mail to the council members as it relates to tonight's meeting....Thank
you...Gina
Hello City Council Members:
The banning ofthe retail sales of dogs and cats (rabbits should be included) through retail storefronts, the internet, by
mail order or phone, as well as in public places like parking lots and sidewalks here in Carlsbad can further our fine
reputation as a city who cares about its people and its pet population. Most people who love animals are not
extremists in the radical sense and just want justice, fairness and a happy healthy life for our animal friends. The
hundreds of employees and volunteers with humane societies, animal shelters and over 150 rescue organizations in the
county are all compelled and driven to assure that animals in our communities are well cared for and adopted into
loving, responsible households that fit the animal's temperament, attributes and traits. They are also mutually
supportive as they strive to provide forthe welfare of our animals.
With the plans for future spay/neuter and adoption events here in the city, Carisbad will truly be serving its citizens and
demonstrating it is a pet-friendly community.
'The greatness of a society and its moral progress can be judged by the way it treats its animals," Mahatma Gandhi
Thank you for your service to our community.
Sincerely,
Gina
Gina McBride
7530-14 Jerez Court
Carlsbad, CA 92009
760-633-1183
Andrea Dykes
From: princespc@aol.com
Sent: Tuesday, October 08. 2013 3:24 PM
To: Council Internet Email
Subject: Puppy Mills, etc.
Dear Council Members:
I support the pet store ordinance that is on the agenda tonight. I hope the Council will limit the exemption for existing
stores to one year.
Even though I do not live in Carlsbad 1 believe this is an issue for all cities. 1 live in Inline and we voted for bans on puppy
mills, etc. over a year ago. Please follow suit
Patricia McCorkle
princespc@aol.com
Ordinance Banning Retail
Sale of Dogs and Cats
October 8, 2013
Summary of Ordinance
•Summarizes existing state and federal animal welfare
laws
•Summarizes the case for banning retail sales based on
community activism around eliminating puppy mills
•Ordinance findings include:
–Eliminating retail sales will promote community
awareness of animal welfare
–The ban will foster a more humane environment in the
city
–The ban will encourage pet consumers to adopt dogs and
cats from shelters
Summary of Ordinance
•Prohibits the retail sale of dogs and cats in the
City of Carlsbad
•Exemptions:
–Businesses already in existence at the time of the
ordinance adoption
–Local shelters, rescues and humane societies
–Local private, small scale breeders who breed on the
premises
•Existing pet stores may work with shelters and
rescues to house or display animals for adoption
Summary of Ordinance
•Urgency ordinance prohibits new businesses
from establishing themselves in Carlsbad
•Standard ordinance introduced tonight, adopt
at November 5 City Council meeting, effective
30 days after