HomeMy WebLinkAbout2016-05-03; City Council; Resolution 2016-0883
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RESOLUTION NO. 2016-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DIRECTING CITY STAFF TO PERSUE STATE AND
FEDERAL LEGISLATION REGARDING THE RETAIL SALE OF DOGS
AND CATS
EXHIBIT 1
WHEREAS, existing state and federal laws regulate dog and cat breeders, as well as pet
stores that sell dogs and cats. These include California's Lockyer-Polanco-Farr Pet Protection Act
{California Health & Safety Code section 122125 et seq.); the Polanco-Lockyer Pet Breeder
Warranty Act {California Health & Safety Code section 122045 et seq.); the Pet Store Animal
Care Act {California Health & Safety Code section 122350 et seq.); and the 1966 Animal Welfare
Act {7 U.S.C. section 2131 et seq.); and
WHEREAS, these laws define the minimum standards of care for dogs, cats and certain
other species of animals bred for commercial resale, research, and exhibition. They require that
certain commercial breeders be licensed and routinely inspected by the United State
Department of Agriculture (USDA). They require that breeders and retail sellers maintain
minimum health and safety standards for their animals, sell only healthy animals, and provide
various written disclosures and warranties to pet buyers. Pet stores selling live companion
animals and fish are required to have a documented program covering routine care,
preventative care, emergency care, disease control and prevention, veterinary treatment and
euthanasia. Breeders are required to provide adequately sized and sanitary housing, adequate
food, water, exercise, socialization and veterinary care; and
WHEREAS, the required minimum standard of care and the USDA's limited enforcement
capabilities have resulted in practices contrary to responsible and humane breeding practices;
and
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WHEREAS, in order to reduce demand for dogs and cats sourced from substandard
breeding facilities, to encourage pet consumers to adopt animals from shelters, and to foster
greater awareness of animal welfare issues, to date, 133 U.S. cities, including 29 in California,
have passed retail pet sales bans; and
WHEREAS, the health and welfare of dogs and cats is an issue of concern to many
residents of the City of Carlsbad,; and
WHEREAS, local legislation on the retail sale of dogs and cats would only be effective
within the City of Carlsbad and could encourage unscrupulous animal breeders and retailers to
continue their practices in another jurisdiction; and
WHEREAS, animal welfare could be improved more significantly by enhancing state and
federal laws preventing inhumane breeding and care of animals and the sale of animals bred
and cared for under inhumane conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California
as follows:
Ill
Ill
1. That the above recitations are true and correct.
2. That City staff is directed to pursue the enactment of state and federal laws and
regulations that ensure the responsible and humane breeding, care and treatment
of dogs and cats generally, and specifically for animals sold in retail pet stores, and
that encourage greater enforcement efforts.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 3rd day of May, 2016, by the following vote to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
(SEAL)