a.
Existing
federal and state laws regulate the sale of dog and cat fur products.
This includes the Dog and Cat Protection Act of 2000 (19 U.S.C. Section
1308) and California Penal Code Section 598a.
b.
The
Federal Dog and Cat Protection Act of 2000 makes it unlawful to import
into, or export from, the United States any dog or cat fur product;
or to engage in interstate commerce, sell, offer to sell, trade, advertise,
transport, or distribute in interstate commerce, any dog or cat fur
product. Any person who violates this Act may be assessed a civil
penalty up to $10,000 per violation.
c.
The
Federal Fur Products Labeling Act (15 U.S.C. Section 69, et seq.)
makes it unlawful to introduce, or manufacture for introduction, into
commerce, sale, advertising or offering for sale in commerce, or the
transportation or distribution in commerce, of any fur product which
is misbranded or falsely or deceptively advertised or invoiced.
d.
California Penal Code Section 598a makes it a misdemeanor to possess, import into the state, sell, buy, give away or accept any pelt of a dog or cat with the sole intent of selling or giving away the pelt of the dog or cat. Also, Title 14, Part 1 of the California Penal Code criminalizes a variety of other offenses against animals, including willfully administering poison to any animal (California Penal Code Section 596), cruelty to animals (California Penal Code Section 597), failure to care for animals (California Penal Code Section 597f) and abandonment of animals (California Penal Code Section 597s).
e.
The
State Legislature has also considered other animal protection measures,
including prohibiting the sale of products that result from the force
feeding of a bird for the purpose of enlarging the bird's liver beyond
normal size (Senate Bill 1520); and prohibiting the possession, sale,
trade or distribution of shark fin (Assembly Bill 376).[1]
[1]
These bills have signed into law by the Governor; however
they do not become operative until July 1, 2012 and January 1, 2012,
respectively.
f.
Neither
the federal government, nor the state legislature, has endeavored
to regulate the sale of fur products, excluding the sale of dog or
cat fur products. Until the federal government or the state legislature
decides to regulate the sale of fur products from other types of animals,
local governments are free to limit the types of procedures that may
be performed within their jurisdiction for the protection of the public
health, safety and general welfare.
g.
The
City Council finds that animals that are slaughtered for their fur,
whether they are raised on a fur farm or trapped in the wild, endure
tremendous suffering. Animals raised on fur farms typically spend
their entire lives in cramped and filthy cages. Fur farmers typically
use the cheapest killing methods available, including suffocation,
electrocution, gas and poison.
h.
According
to the World Society for the Protection of Animals, it is estimated
that fur farms produce eighty-five percent of fur in the world. Every
year, an estimated sixty million mink and six and one-half million
foxes are killed on fur farms alone. If rabbits are included, the
number of animals killed every year solely for their fur may far exceed
one billion.
i.
According
to the Humane Society of the United States, the fur industry kills
more than fifty million animals a year. On fur factory farms around
the world, millions of raccoon dogs, rabbits, foxes, mink, chinchillas,
and other animals spend their lives in wire cages, only to be killed
by anal electrocution, by neck-breaking, or in gas chambers. Raccoon
dogs have been documented to be skinned alive, and this type of fur
is widely sold in the United States, commonly advertised falsely or
labeled as either a different type of animal fur or faux fur. Fur
products are commonly not labeled at all.
j.
Considering
the wide array of alternatives for fashion and apparel, the City Council
finds that the demand for fur products does not justify the unnecessary
killing and cruel treatment of animals.
k.
The
City Council believes that eliminating the sale of fur products will
promote community awareness of animal welfare and, in turn, will foster
a consciousness about the way we live in the world and create a more
humane environment in the city.
l.
The
City Council finds that the current state of the sale of fur products
in the City of West Hollywood is inconsistent with the city's goal
to be a community that cares about animal welfare and the city's reputation
as a Cruelty Free Zone for animals.
m.
The
City Council believes that eliminating the sale of fur products will
promote community awareness of animal welfare and, in turn, will foster
a more humane environment in the city.
n.
The
City Council enacts this ordinance pursuant to the authority vested
in the city by Article XI, Section 7 of the California Constitution
allowing a city to make and enforce within its limits all local, police,
sanitary, and other ordinances and regulations not in conflict with
general laws.
(Ord. 11-877 § 1, 2011)
a.
"Fur"
"Fur product"
"Non-profit organization"
"Taxidermy"
"Used fur"
"Wearing apparel,"
Definitions. For purposes of this chapter, the following
definitions shall apply:
means any animal skin or part thereof with hair, fleece,
or fur fibers attached thereto, either in its raw or processed state,
but shall not include such skins as are to be converted into leather
or which in processing shall have the hair, fleece, or fur fiber completely
removed.
means any article of wearing apparel made in whole or in
part of fur; excluding dog or cat fur product to which Section 308
of the Tariff Act of 1930 applies.
means any corporation that is organized under 26 U.S.C. Section
501(c)(3) that is created for charitable, religious, philanthropic,
educational or similar purposes.
means the practice of preparing and preserving the skin of
an animal that is deceased and stuffing and mounting it in lifelike
form.
means fur in any form which has been worn or used by an ultimate
consumer.
as used in the definition of a fur product in subsection
(a)(2), means any articles of clothing or covering for any part of
the body.
b.
Prohibition. It shall be unlawful to sell, offer for sale,
display for sale, import, export, trade, or distribute any fur product
by any means anywhere within the City of West Hollywood on or after
September 21, 2013.
c.
Exemption. This section shall not apply to the sale, offering
for sale, displaying for sale, importation, exportation, trade or
distribution of:
1.
Fur
products by a non-profit organization; or
2.
The
pelt or skin of an animal that is preserved through taxidermy or for
the purpose of taxidermy; or
3.
Used
fur products by a private party (excluding a retail transaction),
non-profit organization or second-hand store, including a pawn shop;
or
4.
Fur
products made from furbearing mammals and nongame mammals lawfully
taken under the authority of a trapping license, as provided by California
Fish and Game Code Section 3039, subdivision (b).
(Ord. 11-877 § 1, 2011; Ord. 15-961 § 1, 2015)
