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 and Safety Code Section 122125
et seq.); the Polanco-Lockyer Pet Breeder Warranty Act (California
Health and Safety Code Section 122045 et seq.); the Pet Store Animal
Care Act (California Health and Safety Code Section 122350 et seq.);
and the Animal Welfare Act ("AWA") (7 U.S.C. Section 2131 et seq.).
b.
The
Lockyer-Polanco-Farr Pet Protection Act requires pet dealers (i.e.,
retail sellers of more than fifty 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 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
one hundred and fifty percent 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 twenty 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.
A review
of state and USDA inspection reports from more than one hundred breeders
who sold animals to the nation's largest retail pet store chain revealed
that more than sixty percent of the inspections found serious violations
of basic animal care standards, including sick or dead animals in
their cages, lack of proper veterinary care, inadequate shelter from
weather conditions, and dirty, unkempt cages that were too small.
h.
A 2005
undercover investigation of California pet stores revealed that nearly
half of the pet shops 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.
i.
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.
j.
According
to USDA inspection reports, some additional documented problems found
at puppy mills include: (1) sanitation problems leading to infectious
disease; (2) large numbers of animals overcrowded in cages; (3) lack
of proper veterinary care for severe illnesses and injuries; (4) lack
of protection from harsh weather conditions; and (5) lack of adequate
food and water.
k.
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 thirty-five thousand dogs and sixty-seven thousand cats were
euthanized in Los Angeles city and county shelters.
l.
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.
m.
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.
n.
Within
the past year, there has been significant community activity within
the City of West Hollywood and across the Los Angeles metropolitan
area 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.
o.
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.
p.
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 public demand and the sale of dogs and cats in pet
stores.
q.
The
City Council finds that the current state of retail sale of dogs and
cats in pet stores in the City of West Hollywood is inconsistent with
the city's goal to be a community that cares about animal welfare.
r.
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.
s.
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.
(Ord. 10-836 § 1, 2010)
a.
"Animal shelter"
"Cat"
"Certificate of source"
"Dog"
"Existing pet store"
"Pet store"
"Pet store operator"
"Retail sale"
Definitions. For 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.
means 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 West Hollywood on the effective date of this chapter, and
complied with all applicable provisions of the West Hollywood 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 West Hollywood on or after
the effective date of the ordinance codified in this chapter.
c.
Existing Pet Stores. An existing pet store may continue
to display, offer for sale, offer for adoption, barter, auction, give
away, or otherwise transfer cats and dogs until September 17, 2010.
d.
Exemptions. This chapter does not apply to:
1.
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;
2.
A
publicly operated animal control facility or animal shelter;
3.
A
private, charitable, nonprofit humane society or animal rescue organization;
or
4.
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. 10-836 § 1, 2010)
