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
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 Animal Welfare Act ("AWA") (7 U.S.C. § 2131
et seq.).
B.
The
Lockyer-Polanco-Farr Pet Protection Act requires pet dealers (i.e.,
retail sellers of more than 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
15 days from purchase, a dog or cat becomes ill due to an illness
that existed at the time of sale, or if within one 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
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). However, the AWA's licensing and inspection
requirements do not apply to facilities that sell directly to the
public, including the thousands that now do so over the internet.
F.
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 in pet
stores. Because of the lack of proper animal husbandry practices at
these facilities, animals born and raised there are more likely to
have genetic disorders and lack adequate socialization, while breeding
animals utilized there are subject to inhumane housing conditions
and are indiscriminately disposed of when they reach the end of their
profitable breeding cycle.
G.
According
to USDA inspection reports, some additional documented problems found
at puppy mills include:
H.
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 themselves immediately after sale or that do not surface
until several years later, all of which lead to costly veterinary
bills and distress to consumers.
I.
A 2005
undercover investigation of California pet stores revealed that nearly
half of the pet stores visited displayed animals that showed visible
signs of illness, injury, or neglect, and nearly half of the stores
also sold animals showing clear symptoms of psychological distress.
J.
While
"puppy mill" puppies and "kitten factory"
kittens were being sold in pet stores across the Los Angeles area
during the past year, more than 100,000 dogs and cats were euthanized
in Los Angeles city and county shelters.
K.
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.
L.
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 codes of ethics for
many breed clubs for individual breeds.
M.
The
cities of South Lake Tahoe, West Hollywood and Hermosa Beach have
all adopted ordinances prohibiting the retail sale of dogs and cats.
N.
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.
O.
An undercover
investigation by the national nonprofit organization Companion Animal
Protection Society ("CAPS") revealed that the largest
dog brokering facility in the country was replete with inhumane and
substandard breeding facilities with multiple and repeat violations
of the Animal Welfare Act. It was found that the brokers and/or breeders
did not meet the minimum standards of care under USDA regulations.
P.
A local
inspection done by CAPS found that there was one pet store within
the city of Glendale that obtains some of its puppies from this large
dog brokering facility.
Q.
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." However,
it is the city council's belief that puppy mills and kitten
factories continue to exist in part because of public demand and the
sale of dogs and cats in pet stores.
R.
The
city council believes that the elimination of the retail sale of dogs
and cats from 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.
S.
In light
of the city's goal to be a community that cares about animal
welfare, the city council finds that the adoption of an ordinance
prohibiting the sale of dogs and cats by a retail pet store is necessary
to promote community awareness of animal welfare and foster a more
humane environment within the city of Glendale community.
(Ord. 5748, § 1, 8-23-2011)
A.
"Animal shelter"
"Cat"
"Certificate of source"
"Dog"
"Existing pet store"
"Pet store"
"Pet store operator"
"Retail sale"
Definitions.
For the purposes of this chapter, the following definitions
shall apply:
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.
means an animal of the Felidae family of the order Carnivora.
shall mean a document declaring the source of the dog or
cat sold or transferred by the pet store. The certificate shall include
the name and address of the source of the dog or cat.
means an animal of the Canidae family of the order Carnivora.
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 Glendale on the effective date of this chapter, and complied
with all applicable provisions of the Glendale Municipal Code.
means a retail establishment open to the public and engaging
in the business of offering for sale and/or selling animals at retail.
means a person who owns or operates a pet store, or both.
includes display, offer for sale, offer for adoption, barter,
auction, give away, or other transfer 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 Glendale on or after the effective date of this chapter.
C.
Existing
Pet Stores. A legally existing pet store may continue to display,
offer for sale, offer for adoption, barter, auction, give away, or
otherwise transfer cats and dogs for a period of one year from the
date the ordinance codified in this chapter becomes effective.
D.
Exemptions.
This chapter does not apply to:
1.
A
publicly operated animal control facility or animal shelter;
2.
A
private, charitable, nonprofit humane society or animal rescue organization;
or
3.
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.
E.
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.
(Ord. 5748, § 1, 8-23-2011)
