HomeMy WebLinkAboutOrdinance #3941 ORDINANCE NO. 3941
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 7.12 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO MISCELLANEOUS ANIMAL CARE AND CONTROL
The City Council of the City of Huntington Beach does hereby ordain as follows:
Section 1. Findings and Intent. The city.council, after several public meetings, finds as follows:
A. State and federal laws that regulate dog and cat breeders and pet stores that sell dogs
and cats 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 ('AWN') (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 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 percent of the purchase price of the puppy or
kitten.
C. The Pet Store Animal Care Act, effective in 2009, 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 andcats. These breeders are required to maintain minimum health, safety and
12-3274.001lAnimal Protection Ordinance
Ordinance No. 3.941
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("HSUS"), inspection records
show that many USDA-licensed breeders breed dogs or cats in relatively inhumane
conditions. These breeders are commonly referred to as"puppy mills" or"kitten factories."
Documented problems of puppy mills include: over breeding, inbreeding, veterinary care
that doesn't meet the same standards as other breeders, relatively poor quality of food and
shelter, lack of human socialization, and overcrowded cages. Dogs bred in puppy mills are
more likely to have behavior and/or health problems. While kitten factories are not as
common as puppy mills, similar problems are reported regarding kitten factories.
G. According to the American Society for the Prevention of Cruelty to Animals
("ASPCA"), fearful behavior and lack of socialization with humans and other animals are
common characteristics of dogs from puppy mills and kittens from kitten factories.
H. According to the Coalition Against Misery, hundreds of thousands of puppies are raised
each year in commercial kennels. These puppies generally do not receive the same standard
of care as provided by other breeders.
I. According to HSUS, most pet store puppies come from puppy mills and many pet store
kittens come from kitten factories.
J. According to the city of Los Angeles animal services department, there are hundreds of
thousands of puppy mills around the world that produce untold millions of puppies
annually, while at the same time more than 4,000,000 pets die in U.S. shelters each year.
With rare exceptions, when consumers buy puppies or kittens from pet stores there is a
strong likelihood that consumers are supporting the puppy mill or kitten factory industry.
K. The city council finds that, in addition to state and federal laws, the city of Huntington
Beach has a local responsibility to promote animal welfare and encourage best practices in
the breeding and purchasing of dogs and cats. The city council believes that a community
that promotes animal welfare will be a healthier community.
L. 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.
M. The city council finds that the retail sale of dogs and cats in pet stores in the city of
Huntington Beach is-inconsistent with the city's goal,to be a community that cares about
animal welfare.
12-3274.001/Animal Protection Ordinance
Ordinance No. 3941'
N. The city council believes that a ban on the retail sale of dogs and cats in pet stores will
promote community awareness of animal welfare and, in turn, will foster a more humane
environment in the city.
O. The city council believes that a ban on 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. Section 7.12.180 of the Huntington Beach Municipal Code is hereby
added to read as follows:
7.12.180 Prohibition on retail sale of dogs and cats.
A. No commercial establishment shall display, sell, deliver, offer for sale, barter, or
auction dogs or cats, except dogs and/or cats obtained from a shelter, or humane society or
rescue organization. Cats obtained by donation from a local resident for no charge may also be
displayed, sold, and offered for sale or adoption. The pet shop owner shall notify in writing the
Orange County Animal Services Office of any sale of a local donated cat.
B. A pet shop that displayed, sold, delivered, offered for sale, offered for adoption,
bartered, auctioned, gave away, or otherwise transferred or disposed of dogs or cats in the City of
Huntington Beach as of the effective date of this section, and whose operations complied with all
applicable provisions of the Huntington Beach Municipal Code, may continue to display, offer
for sale, offer for adoption, barter, or auction of dogs and cats until the two year anniversary of
the effective date of the ordinance codified in.this section.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18 day of June , 2012.
Mayor
ATTEST: .APPROVED AS TO FORM:
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City Clerk City Attorney
REVIE Z
APPROVED: �ITIATED AND APPROV .
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l 2-3274.00 1/3 1 52607-1 3
Ord. No. 3941
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified'City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on May 7,2012, and was again read to said City Council at a
regular meeting thereof held on June 18,2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council. j
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AYES: Shaw, Carchio, Bohr, Boardman
NOES: Harper, Dwyer, Hansen
ABSENT: None
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ABSTAIN: None
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I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on June 28,2012.
1-.141 /JY
In accordance with the City Charter of said City
Joan L. Flynn,Ci1y Clerk ity Clerk and ex-offic' Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
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