HomeMy WebLinkAboutOrdinance 3586 - Prohibits Performance of Wild Exotic Animal CITY OF HUNTINGTON BEACH
MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: CA 02-13
Council/Agency Meeting Held:
Deferred/Continued to:
ApprovedZy❑ Vditionally Approved ❑ Denied City Clerk's Signdfure
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Council Meeting Date: November 6, 2002 Department ID Number: Gi 02=13
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A CITY OF HUNTINGTON BEACH r o f
` REQUEST FOR COUNCIL ACTION
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS n
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SUBMITTED BY: Y SILVER, City Administratorow
PREPARED BY: AIL HUTTON, City Attorney
o"�
SUBJECT: I Adopt a Proposed Ordinance Prohibiting Performances of Wild and
Exotic Animals for Public Entertainment or Amusement and Restricting
the Display of Wild and Exotic Animals Dr' . AA •
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should City Council enact into law an ordinance that would prohibit
performances of wild and exotic animals for public entertainment or amusement and restrict
the display of wild and exotic animals.
Funding Source: Not applicable. �o✓e l n 7i-O�,011077 G//�/oa
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Recommended Action: Adopt Ordinance No. 8 , an ordinance of the City of Huntington
Beach amending the Huntington Beach Municipal Code by adding thereto Chapter 7.14,
prohibiting performances of wild and exotic animals for public entertainment or amusement
and restricting the display of wild and exotic animals.
Alternative Action(s): Not to introduce/give a first reading to said proposed ordinance.
Analysis: On June 7, 2002, the City Council of the City of Huntington Beach ("City")
reviewed an ordinance "Restricting the Display of Animals for Entertainment or Amusement
Purposes" adopted by the City of Pasadena in 2002; and referred the matter to this office for
legal review and subsequent request for Council action. This office was subsequently
directed to prepare the attached ordinance which prohibits the performances of wild and
exotic animals for public entertainment or amusement and restricts the display of wild and
exotic animals. The intent of the ordinance is to protect the public from the hazards and
dangers that are inherent in the use of wild and exotic animals for entertainment and
G:\RCA\2002\Animal Display.doe -2- 10/30/2002 2:39 PM
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Receive®
' NOV 18 2002
JAMES F. PEDDIE, D.V.M. City of
Huntin
LINDA REEVE PEDDIE,.D.V.M. C�tJ/Cp �0n Eeach
I reenxixaAV0XXxx 4201 Faria Road unc11 office
�xx Ventura CA 93001-9789
xxxR �x,� � �t � cx Ph: 805-532-0194
College:805 378 1543 T
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+► E-mail:drspeddie@venekseR,.
; 13 November 2002
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Mayor Debbie Cook -p T
Huntington Beach City Council - ►)
2000 Main Street �- n
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Huntington Beach CA 92648
NO ON CHAPTER 7.14
Dear Mayor Cook:
It seems ludicrous to us that our.elected representatives are systematically being
duped into excluding businesses working with exotic animals from displaying.their
animals in our communities..Sheltered by their non-profit umbrella, animal rights
activists,are already effectively preventing law abiding, tax paying owners of
exotic,animals from earning a livelihood in Pasadena, Corona and Encinitas. We
have reviewed a tape of the Encinitas hearing and are appalled to see how cleverly
well intentioned council members were-swayed to pass an ordinance prohibiting
exhibition of exotic animals. _
We as veterinarians have interacted with a myriad of companies providing exotic
animals for the entertainment industry. In general we have found these companies
owned and staffed by caring individuals who have dedicated their lives to the
animals they proudly display in educational and entertainment venues. In
particular, we find Have Trunk Will Travel of Perris, California to be an
extraordinary and exemplary company by,any measure. Revenue earned with their
elephants provides not only for those animals and their dedicated staff, but also
pays taxes and permit fees. Additionally, Have Trunk Will Travel both funds and
participates in basic research benefiting the Asian elephant, an endangered species.
This country is.founded on free enterprise. Independent companies working with
the animals they care for must comply with the strict-governance of the United .
States Department of Agriculture-and the State of California Department of Fish
and Wildlife Services. Regulations already in place assure appropriate,care and
protective measures.-
Late Commml (4616 .
I ..
JAMES E PEDDIE, D.V.M.
LINxDxAxREEVE PEDDIE, D V.M.XXX 4201 Faria Road
1 _ hv7 irNn4UV6
xW� (�SMY -A4px Ventura CA 93001-9789
xxx1tgu5_x#"Y7c �g �:g�c }cx Ph: 805-532-0194
College:805 378 1543
earthlink.net
E-mail: drspeddie@venet,ee —
It is unfortunate that over zealous "animal rights" groups are dictating that those of
us who have dedicated our lives to improving the welfare of animals are not to
enjoy them except as per their dictates.If-the animal rights community were truly
concerned for the welfare of exotic animals, it would be championing companies
Pike Have Trunk Will-Travel rather than threatening their survival!
Please stop the enactment of Chapter 7.14 restricting the display of animals-for
entertainment or amusement purposes and grant the public opportunity to interact
with and learn more about exotic animals under the auspices of the highly ethical
companies-providing this service.
Thank you for stopping this unnecessary legislation.
Sincerely,
James F:Peddie,,D.V.M.
Linda R. Peddie, D.V.M.
11-17-202 2:03PM FROM JERRY AND DIANE 714 960 4455 P. 1
Diane Lenning �f
From: Diane Lenning [diane@lenning.com]
Sent: Saturday, November 16, 2002 10:08 AM
Tb: County Register Orange; Independent; hbwave C@ocregister.com; diane@lenning,com
Subject: Exotic Animals
Contacts: Wave, OC Register
A, I watched t.hp parade of animal protection 8CtLiVx:_1,:S paL'clCiiI'lg _o the pub?.i.- mi-crophone
for the'r barrage of rh:ree m.i-nute. prepare:, itinerated, and orchestrated speeuties, I felt
the helplessness of z city overwhelmed by outsiders. Not one of the. :speakers, by thi:ir
own word, was from Huntington Beach. Thcre was a video of one woman they show^d to br:
from Huntington Ba.ach, but how can I b•n ..asut ed of tlriaL fact'? And just how much weighL is
one to give to one voice in our town
All the acl_Lv.i.s'ts nad e, C:7..Cle of some sort, all connected with animr7 oYp?.Fction activism.
Now I love animals, just like the best of animal lovers, and I am absolutely in favor of
humane treatment of people and animals: but this was absolutely ovezwhelming,
underhanded, .and ove_olayed. Although ths,_re was Ono presentation of an opposing
viewpo:i.nt, the .fact that this was allowed without much opportunity to respond for balance-
of vievipoint5, is why I feel compelled to write this response_
As a t<�ache:r of h sto'ry, I am very aware of. persuasive techniques of propaganda,
overstatino, false-sLa'Li g, villaiflizing, target speeches, Lringer pointing, diatribes,
misa.proprlaring statement's of ideas, etc. but this Was so bla'ant, I 'm stunned.
Coun,~ilman Ralph Bauer szat d th.erc. hasn't been a circus in HB since 19'75. That says iL
in a rut.shell. Just where does this urgency to pass an ordinance to :::an circuses :.cme
from? Are these the kinds of issues our current CGlanci J c.h. r,k are so importanr, they must
fulfil:� these agenda items be?fore their trr.ms and? We -+re facing numercus
,in .HTy, and our council has chosen to highlight this issue. That sends :a very poignant
message 'to me. I am so disheartened, disconcerted, and appalled by the current council's
agenda, it causzs me grave concern about oux future.
If the council is so concerned about the proper treatment. of ;animals, it seems much more
logical and appropriate to m-: to rompile gui-delines for proper treatment of nn.imal ..; w:ittiin
c:; r city. Ev,.n that, hcWever, is best ail educational item among families and co*Iununity
groups. 1i every city in the G.S. decided t0 bar: animals and circuses, lust Where would iY.
all end? We will soon become so overly governrr.er.t:,]1.Ty .regulated, we won't be ablip to blow
our nose in public =cr fear someone may ,,atch a
It is sincerely not the appropriate forum for our city council to mak,: regulations in this
regard_ This f:arade oL extrer.isLs parading through our counca_ forum iS embarrassing to
all of us. _
ti C
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Diane Lenning,, -resident of HB
714-960-2870 L 2f: C',
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From:Robert A.Polkow Fax:+1(714)962-4810 To:City Clerk Fax: +1(714)374-1557 Page 1 of i Monday,November 18,2002 11:07AM
BOB POLKOW r
21772 Oceanvlew Lane i i p G L E S
Huntington Beach,Ca 92646-8215 C 1 T Y oF
Emafe Phone 962-4810 ilRPok woaol.com Ht1PJT1PiGTvrd BEACH, CA
16#1 NOV 18 A It: 4 3
November 18,2002
Agenda Item G I A(modify to include Horses)
While Huntington Beach is intent on barring the display of exotic animals in our city let us not
forget the animals that are housed in cubicles just big enough for them to turn around in and are
forced to cater to the demands of their owners. These abused animals have been subject to abuse
over the ages and like any exotic animal occasionally rebel and maim or trample to death their
human tormentors. Hannibal crossed the Alps with elephants and to date I doubt if these large
beasts have caused any more danger to their human trainer than the animals we force to live in
confined conditions and endure"breaking their spirit"to allow humans to use them for their own
vehicles of transportation. Even when liberated from their confinement they are forced to follow
narrow mandated"trails", instead of running free as nature intended. Breaking those animals
spirit to become zombie like creatures for our pleasure should be stopped and we can,now that
other animals are being considered free them from inhumane treatment in our city. Yes,
councilpersons let us show the world that Huntington Beach is not picky when pursuing a
worthwhile goal. Free the"horses"and ban any further abuse of this beautiful but sometimes
dangerous beast. Take pity for those that he been killed or maimed for life, such as Christopher
Reeves,and make a clean sweep when deliberating this very important issue compared to other
problems in our city, and free the horses.
RESPECTFULLY:
46LK�72 Ooeanview Lane,Huntington Beach. Ca.92646-8215
(714)462-4810
�.QJ PAM
1�,'YU
G0'd z,O:zi ZOOZ-BT-nON
_E K
CITY OF
HUV1HGT0N BEACH, CA
Orly Degani, Esq. 1001 INV 18 P 3: 4
Los Angeles Lawyers for Animals
15760 Ventura Boulevard, 18`h Floor
Encino, California 91436
November 18, 2002
VIA FACSIMILE AND U.S. MAIL
Mayor Debbie Cook
and City Council Members
Office of the City Council
2000 Main Street
Huntington Beach, California 92648
Re: Proposed Ordinance No.3586,Adding Chapter 7.14 to the Huntington Beach Municipal
Code to Prohibit the Performances of Wild and Exotic Animals for Public Entertainment or
Amusement and to Restrict the Display of Wild and Exotic Animals
Dear Mayor Cook and City Council Members:
On behalf of Los Angeles Lawyers for Animals, I am writing to respond to the circus
industry's recent legal challenges to proposed Ordinance No.3586,which would prohibit the use
and exhibition of wild and exotic animals for entertainment purposes in the City of Huntington
Beach.
The circus industry's challenges lack any legal merit. We are informed that the circus
industry raised the same self-serving,non-meritorious challenges in other California municipalities
that introduced-and passed-ordinances similar to the ordinance now before you. See CORONA,
CA,Display of Wild or Exotic Animals, Ord.2433§ 1 (part) (1999);ENciNrrAS, CA,Display of
Wild or Exotic Animals for Public Amusement or Entertainment, Ch.9.22, Ord. 2002-4 (2002);
PASA.DENA, CA, Animal Display Ordinance, Ord. 6866 g 2 (part) (2001);ROHNERT PARK, CA,
Display of Wild or Exotic Animals for Public Entertainment or Amusement, Ch. 6.40, Ord. 682
(2002). To our knowledge, none of these legal challenges has been pursued, certainly not
successfully.
We urge you not to be influenced by the circus industry's scare tactics. The proposed
ordinance is legally sound and, as explained in our previous letter submitted November 1.,2002,the
ordinance is necessary both to ensure public safety and to promote the humane treatment of wild
and exotic animals. We ask that you adopt the proposed ordinance accordingly.
Lab a/
lOb-d Zl/10'd btil-1 -woad ll�2l ZO-BI-II
REQUEST FOR COUNCIL ACTION
MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: CA 02-13
amusement purposes, and to also protect animals form cruel and inhumane treatment from
errant trainers and caretakers.
The proposed ordinance prohibits all performances of wild and exotic animals. The
ordinance defines "performances" as any act, circus, ride, trade show, carnival, parade, race,
or similar undertaking in which wild or exotic animals are required to perform tricks, fight, or
participate as accomplishments in performances for the entertainment, amusement or benefit
of an audience. However, the term "performance" does not include the display of wild and
exotic. "Display" is defined as the use or exhibition of animals for educational purposes or to
groups of twenty (20) or fewer persons. "Displays" for educational purposes are permitted by
the ordinance because the size of the audience limits the potential risk or danger to the
public.
This office is not taking an official position either recommending or not recommending that
the proposed ordinance be enacted into law, as this is a decision for the City Council.
Environmental Status: Not applicable.
Attachment(s):
Page Number No. Description
City Clerk's
1 An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Adding Thereto Chapter 7.14,
Prohibiting Performances of Wild and Exotic Animals and Restricting
the Display of Wild and Exotic Animals Dom• At)O, 35
RCA Author: Leonie Mulvihill, Deputy City Attorney
GARCA\2002Wnimal Display.doc -3- 10/30/2002 2:39 PM
ORDINANCE NO. 3586
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 7.14 TO THE HUNTINGTON BEACH
MUNICIPAL CODE PROHIBITING THE PERFORMANCES OF WILD
AND EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
AND RESTRICTING THE DISPLAY OF WILD AND EXOTIC ANIMALS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Statement of Legislative Intent.
The City of Huntington Beach intends to protect the public against the hazards and
dangers that are inherent in the use of wild and exotic animals for entertainment and amusement
purposes. The City of Huntington Beach intends to protect wild and exotic animals from cruel
and inhumane treatment from errant trainers and caretakers. Therefore,pursuant to its
constitutional police power, as well as its constitutional power as a chartered city, the City of
Huntington Beach enacts this ordinance into law in order to protect the safety, health and welfare
of not only its residents, but also of all other persons who work in or visit the City.
SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding
Chapter 7.1.4, said chapter to read as follows:
"Chapter 7.14
Performance of Wild or Exotic Animals for Public Entertainment or Amusement Sections:
7.14.010 Purpose and Intent
7.14.020 Performance of Wild and Exotic Animals --- Prohibited
7.14.030 Definitions
7.14.040 Enforcement
7.14.050 Exemptions
7.14.060 Severability
7.14.010 Purpose and Intent. It is the purpose and intent of the City of Huntington Beach City
Council to protect the public against hazards that wild and exotic animals used in performances
for entertainment pose to society and to protect wild and exotic animals from cruel and inhumane
treatment.
7.14.020 Performance of Wild or Exotic Animals -- Prohibited. It shall be unlawful for any
person to permit the performance of any wild and exotic animal for public entertainment,
amusement or benefit on any public or private property within the City of Huntington Beach.
7.14.030 Definitions. For the purposes of this Chapter only, the following words and terms
shall be deemed to mean and be construed as follows:
02ord/animal display/10/30/02 1
A. "Performance"means any act, circus, ride,trade show, carnival, parade, race, or
similar undertaking in which wild or exotic animals are required to perform tricks, fight, or
participate as accomplishments in performances for the entertainment, amusement or benefit of
an audience. Performance shall not include the display of wild and exotic animals.
B. `'Display" means the use or exhibition of animals for.educational purposes or to
groups of twenty (20) or fewer persons.
C. "Wild and exotic animal"means any non-domestic animal and includes any or all
of the following orders and families, or similar orders and families whether bred in the wild or in
captivity, and any hybrid with domestic animals. The animals listed in parentheses are intended
as examples and are not to be construed as an exhaustive list or limit the generality of each group
of animals listed, unless otherwise specified:
1. Non-human primates and prosimians (chimpanzees, monkeys)
2. Felidae (except domesticated cats)
3. Canidae (except domesticated dogs)
4. Ursidae (bears)
5. Proboscidae (elephants)
6. Crocodilia(alligators, crocodiles)
7. Marsupialia(kangaroos, opossums)
8. Reptilia over 8 feet in length and snakes and reptiles of venomous variety.
9. Perissodactyla(rhinoceroses, tapirs,but not horses or donkeys or mules)
10. Artiodactyla(hippopotamuses,giraffes,.camels,but not cattle, swine,
sheep or goats)
11. Hyaenidae (hyenas)
12. Mustelidae (skunks, weasels, otters, badgers)
13. Procynonidae (raccoons, coatis)
14. Edentata(anteaters, sloths, armadillos)
15. Viverridae (mongooses, civets, and genets)
16. Struthioniformes (ostriches)
17. Casuariiformes (emus)
D. "Person"means any individual, establishment, firm, association, organization,
partnership, trust, corporation or company.
E. "Domestic animal"means any animal that is livestock, a companion animal,or
both. Livestock includes but is not limited to: 1) poultry 2) cattle 3) swine 4) sheep 5) goats and
6) horses. Companion animal means any animal that is commonly kept by a person as a pet or
for companionship and includes but is not limited to: 1) domesticated dogs 2) domesticated cats
3) ferrets 4) gerbils 5) guinea pigs 6) hamsters 7) horses 8)mice 9) rabbits and 10)rats.
F. "Director of Community Service".shall mean the Director of Community Services
of the City of Huntington Beach or his designee.
G. "Planning Director" shall mean the Planning Director of the City of Huntington
Beach or his designee.
02ord/animal display/10/30/02 2
7.14.040 Enforcement. The Director of Community Services or the Planning Director shall
have the power and authority to enforce the provisions of this Chapter.
7.14.050 Exemptions. The following are exempt from the provisions of this Chapter:
A... Education activities endorsed or accredited by the American Zoo and Aquarium
Association.
B. Veterinarians in the ordinary course of a veterinarian's practice of business.
C. Educational activities endorsed or accredited by the Association of Sanctuaries
and the American Sanctuary Association.
D. Activities conducted pursuant to a Film Permit issued by the Community Services
Department.
7.14.060 Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this chapter or any part thereof. The City Council
hereby declares that it would have passed each Section, subsection, subdivision, paragraph,
sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections,
subdivisions, paragraphs, sentences,clauses, or phrases be declared.unconstitutional,or invalid,
or ineffective."
SECTION 2. 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 November , 2002.
/am"
Mayor
ATTEST: CONNIE BROCKWAY APPROVED AS TO FO
City Clerk City Attorney to�3�luL
REVIEWED AND APPROVED`: INITIATED AND APPROVED:
City AdriMnistrator Cit dministrator
02ord/animal display/10/30/02 3
Ord. No. 3586
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,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
an adiourned regular meeting thereof held on the 6`h day of November,2002, and was
again read to said City Council at a regular meeting thereof held on the 181h day of
November,2002, and was passed and adopted by the affirmative vote of at least a
majority of all the members of said City Council.
AYES: Green,Dettloff, ,Houchen, Boardman, Cook,Winchell
NOES: Bauer
ABSENT: None
ABSTAIN: None
1,Connie Brockway,CrrY 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
a CONNIE BROCKWAY
0' zoo2
In accordance with the City Charter of said City
Connie Brockwa . Ci Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Elephant kills keeper at Pittsburgh Zoo; facility closed today Page 1 of 2
Elephant kills keeper at Pittsburgh Zoo;
facility closed today
Monday,November 18, 2002
By Marylynne Pitz and Ann Belser, Post-Gazette Staff Writers
A 6,200-pound female elephant attacked and killed a keeper during a
routine walk this morning before the opening of the Pittsburgh Zoo and
PPG Aquarium.
The keeper, whose name has not
been released, had just given the =•=
J g
18-year-old elephant and her calf a
verbal command to move forward - y�
when the adult elephant struck the
keeper with her head, knocking g^�
him down, said zoo chief Barbara
Baker. '' f
The elephant then continued to Rescue workers perform CPR on a
zoo keeper injured by an elephant
push down on the man with her while transferring the man to an
head as he was on the ground. The ambulance this morning. (Robin
man was unconscious when he Rombach, Post-Gazette) RECEIVED FROM
WMIM
was taken to the hospital. ME1ETM E A PART OF
OFRCE OF TIE CRY CLERK
City police homicide detectives were called to the scene. CONNIE AY,C"CLERK
ITEM s 1
The zoo is examining the elephant, but Baker said there are no plans to
destroy the animal.
The zoo in Highland Park is being kept closed all day.
The incident occurred at 8:45 a.m. as two keepers, one in front and one
in back, took the adult African elephant, known as M, and her baby,
known as V, on their morning walk. V was born in 1999, the first of two
baby elephants born recently at the facility.
For an unknown reason, the adult elephant stopped walking near the
Niches building, which houses reptiles. When the keeper at the front
gave her a verbal command to move, the tusked elephant instead struck
him with her head, knocking him to the ground and then continuing to
attack him on the ground with her head.
The other keeper got the elephant to move away, and Baker gave the
worker CPR. But she said the keeper never regained consciousness at
the zoo. An ambulance took the employee to a hospital, where he was
pronounced dead.
http://www.post-gazette.com/breaking/20021118zoop2.asp 11/18/2002
Elephant kills keeper at Pittsburgh Zoo; facility closed today Page 2 of 2
Handlers were able to slowly lead the elephants back to their enclosure
in the African Savannah section. But while they did, Pittsburgh police
patrolled along the zoo's fences.
Police were asked to prevent visitors from entering the parking lot.
Traffic was also restricted for a time on Hill Road (One Wild Place)
between Butler Street and Bunker Hill Street in Highland Park to reduce
noise that might bother the elephant.
Baker said the keeper was in his 30s and had 15 years experience. The
zoo was to remain closed all day. His was the first human fatality at the
facility, she said.
The elephant is being given a medical examination, but there are no
plans to destroy it. The animal is part of a successful program to breed
endangered African elephants and is still nursing her calf, as she will
until the baby is four years old.
More details in tomorrow's Pittsburgh Post-Ga. ette.
http://www.post-gazette.com/breaking/20021118zoop2.asp 11/18/2002
Page 1 of 1
Mulvihill, Leonie
From: Fitzpatrick, Jim [Jim_Fitzpatdck@mpaa.orgj
Sent: Tuesday, November 12, 2002 7:06 PM grCElyEp �OF�_RL�WADETo: 'Mulvihill, Leoni' AA A /
pp�0@ OF hW OM CLERK �/O2
Subject: Amended language for Animal Ordinance &vacK*%Y,Of1YCLERK
Importance: High
11 1W --
Sensitivity: Private
Leoni,
Unfortunately, the animal ordinance is going to be placed in front of the City Council for adoption on November
18th. Even though we realize the prevailing sentiment will overwhelm our position, we will be back again to state
our case against adopting the ordinance. However, since we are prudent and realize the certainty of the outcome,
we respectfully ask the following.
While we acknowledge and appreciate the foresight of staff in preparing the ordinance so that it allowed for a film
exemption, I have now had time to vet the existing language with some of my members. We much prefer that
7.14.050(D) be more explicit in stating the exemption with the proposed additional language underscored and
emboldened below. Without this clarification, the existing language allows the Community Services Department
or whomever the city might designate to issue the permit to so condition the permit itself that the activities with
animals would not be allowed; in other words, the current language of the ordinance leaves far too much
discretion to exclude "wild and exotic" animals from the allowable activities regulated by the issuance of a Film
Permit.
7.14.050 Exemptions.The following are exempt from the provisions of this Chapter:
A. Education activities endorsed or accredited by the American Zoo and Aquarium Association.
B. Veterinarians in the ordinary course of a veterinarian's practice of business.
C. Educational activities endorsed or accredited by the Association of Sanctuaries
and the American Sanctuary Association.
D. Motion picture,television and commercial production activities conducted pursuant to a Film Permit issued
by the Community Services Department.
If, under your procedures, some other formal request must be made in advance in writing, please advise since I
am occupied with some 35 state legislative advocates touring the studios on Thursday and Friday of this week.
Thank you for your consideration.
James J. Fitzpatrick
Director, Government& Production Affairs
Motion Picture Association of America-California Group
15503 Ventura Blvd.
Encino, CA 91436
Office: 818.382.1764
Fax: 818.382.1790
Mobile: 818.292.2897
email:jim_fitzpatrick@mpaa.org
Bt7'd LO:zT 260Z—BT—(lON
Mayor Debbie Coon.
and City Council Members
Office of the City Council
November 18, 2002
Page 2
I. Federal and State Animal Welfare Laws Do Not Preempt the Proposed Huntington
Beach Ordinance Prohibiting Wild and Exotic Animal Performances
A. The Federal Animal Welfare Act Does Not Preempt the Proposed Ordinance
The federal Animal Welfare Act (AWA),7 U.S.C. §§2131,er seq.,in no way preempts the
proposed Huntington Beach ordinance or similar local laws prohibiting wild and exotic animal
performances. Federal preemption occurs only when a federal law includes explicit, preemptive
language, or involves a pervasive scheme of federal regulation raising an inference that Congress
intended to "occupy the field" and displace all state or local regulation.Pacific Gas&Elec. v. State
Energy Resources Conserv. Comm'n,461 U.S. 190,203-04(1983). Neither of these circumstances is true
in the case of the AWA.
The AWA contains no express language precluding state or local regulation of the handling,
care,treatment or transportation of wild or exotic animals.To the contrary,a plain reading of the
AWA demonstrates clearly that Congress contemplated that the goals of the Act to ensure the
humane treatment of wild or exotic animals be realized in part through state and local regulation.
The AWA authorises the Secretary of the United States Department of Agriculture(USDA)
to promulgate "minimum" standards to govern the humane handling, care, treatment, and
transportation of animals by exhibitors such as circuses. 7 U.S.C. § 2143(a)(1)-(2). These
"minimum" standards do not, by any stretch of the imagination,amount to a pervasive scheme of
federal regulation that implicitly preempts state or local regulations concerning wild or exotic
animals. Indeed,the AWA specifically provides that its provisions"shall not prohibit any State(or a
political subdivision of such State) from promulgating standards in addition to those standards
promulgated by the Secretary... " 7 U.S.C. § 2143(a)(8) (emphasis added). The AWA further
provides that the Secretary of the USDA is"authorized to cooperate with the officials of the various
States or political subdivisions thereof in carrying out the purposes of this chapter and ofany State,
local,or municipal legislation or ordinance on tbesamesubect. 7 U.S.C.§2145(b) (emphasis added). By
authorizing the USDA to cooperate in implementing state or local laws, including municipal
legislation or ordinances, relating to the welfare of exhibited wild and exotic animals, Congress
manifested a clear intent that state and local governments participate in regulating the humane
handling, care, treatment, and transportation of animals by exhibitors such as circuses.
Notably, courts do not lightly attribute to Congress or to a federal agency the intent to
preempt state or local laws, particularly in fields traditionally regulated by the states and their
political subdivisions as part of their police power to protect the public health,safety,and morals.
City of Columbusv. Ours Garageand Wrecker Service, 122 S.Ct.2226,2232(2002) ("[w]hen considering
pre-emption, `we start with the assumption that the historic police powers of the States[anal their
subdivisions are] not to be superseded by the Federal Act unless that was the clear and manifest
purpose of Congress.'") The purpose of Ordinance No. 3586 is "to protect the public against the
hazards that wild and exotic animals used in performances for entertainment pose to society and to
protect wild and exotic animals from cruel and inhumane treatment." Huntington Beach Ordinance
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and City Council Members
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November 18, 2002
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No. 3586, 17.14.010. This is an area of regulation within the historic police powers of a
municipality. See,e.g.,DeHart v. Town ofAustin, 39 F. 3d 718, 722 (7th Cir. 1994)(holding that a
municipal ordinance prohibiting possession of wild animals or animals capable of inflicting serious
bodily harm or death to humans is within the historic police power of municipalities and thus that
the ordinance was not preempted by federal or state laws). See also Nicchia v. New York,254 U.S.
228, 230-31 (1920)(recognizing regulation of animals as part of traditional state and local police
power); Sentell v. New Orleans & C.R. Co., 166 U.S. 698, 704 (1897)(same).
Accordingly,the circus industry's challenge to Ordinance No.3586 on federal preemption
grounds lacks merit and does not bar the adoption of the ordinance by Huntington Beach.
B. California's Animal Welfare Laws Do Not Preempt the Proposed Ordinance
California's animal welfare laws similarly do not preempt the proposed Huntington Beach
ordinance or other local laws relating to the exhibition of wild and exotic animals. Rather,as with
the federal AWA,California law clearly contemplates the participation of local governments i.n the
protection of wild and exotic animals from abusive and inhumane treatment.
California law grants authority to the State Department of Fish and Game (CF&G) to
enforce laws pertaining to the humane handling, care,treatment, and transportation of wild and
exotic animals who perform in exhibitions such as circuses within the State. But the CF&G's
authority in this area, like the USDA's, is not exclusive. California law expressly provides that
"[n]either the provisions...nor the regulations of the commission[of CF&G]shall prevent any city
or county from enacting ordinances relating to the possession or care of wild animals provided such
ordinances are more restrictive." Cal. Fish and Game Code 4 2156 (emphasis added).
Prohibirion of wild and exotic animal performances for entertainment obviously is"more
restrictive" than regulation of wild and exotic animal performances for entertainment. As such,
ordinances like the proposed Huntington Beach ordinance prohibiting wild and exotic animal
exhibitions for entertainment purposes are not preempted by state law.
II. The Proposed Ordinance Prohibiting Wild and:Exotic Animal Performances is Not
Discriminatory
A. The Proposed Ordinance Does Not Discriminate Against the Circus Industry
The circus industry argues that the proposed ordinance presents a"classic"violation of the
Equal Protection Clause of the Fourteenth Amendment of the United States Constitution because
the ordinance allegedly discriminatorily targets circuses. This argument is completely misguided.
First, the proposed ordinance does not on its face single out circuses. The ordinance
prohibits all wild and exotic animal performances for entertainment purposes, not only circus
performances.
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Mayor Debbie Cook
and City Council Members
Office of the City Council
November 18, 2002
Page 4
More importantly, "classic" violations of the Equal Protection Clause involve distinctions
based on "suspect" or "quasi-suspect" classifications such as race, national origin, or gender. See
City of Cleburne a CleburneLiving Center,473 U.S.432,440-41(1985). The proposed Huntington Beach
ordinance does not make distinctions based on any such suspect or quasi-suspect classifications.
Thus,even if the proposed ordinance disproportionately affects circuses,the ordinance is not invalid
under the Equal Protection Clause.
When a law draws distinctions based on non-suspect classifications, the law is not
discriminatory and will be upheld so long as the distinctions drawn are rationally related to a
legitimate governmental interest. City of Cleburnev. Cleburne Living Center,473 U.S.at 440. The
distinctions drawn by the proposed Huntington Beach ordinance are rationally related to the
legitimate governmental interest in protecting public health and safety and promoting the humane
treatment of wild and exotic animals.
The proposed ordinance prohibits all wild and exotic animal performances for public
entertainment, because such performances, which involve requiring the animals to perform
unnatural tricks or to fight for public amusement,are inherently dangerous to the public and to the
animals alike,for all the reasons discussed in our previously submitted letter. Moreover,the risks
posed by wild and exotic animal performances cannot be justified in the name of entertainment
alone.
The proposed ordinance also restricts the non-performing display of wild and exotic animals
to educational purposes or to groups of 20 or fewer persons. These restrictions bear a reasonable
and substantial relation to the purpose of the ordinance to protect the safety of the public and the
animals. Wild or exotic animals displayed under quasi-natural conditions for educational purposes
are less potentially dangerous - and less abused - than wild or exotic animals forced by cruel
practices to perform unnatural tricks like jumping through flaming hoops,balancing on their heads,
or donning tutus for public amusement.Moreover,the risks associated with wild and exotic animal
displays are arguably more justified when the displays occur for educational purposes. Finally,the
risks inherent in wild and exotic animal displays logically increase with the size of the audience;the
larger the audience,the more difficult it is to control and the more intimidating to already stressed,
frightened and unpredictable animals.
The distinctions drawn by the proposed ordinance rationally further the stated goal of the
ordinance to protect the public health and safety and the a,ell-being of mild or exotic atximals. The
ordinance is, therefore, not discriminatory and does not violate the Equal Protection Clause.'
'The City Council should note that there is nothing in Ordinance No.3586 that would prevent opponent Animal
Resource Coalition(ARC)or its member organizations from displaying non-performing wild and exotic animals for
educational purposes or to 20 or fewer people.
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Mayor Debbie Cook
and City Council Members
Office of the City Council
November 18, 2002
Page 5
B. The Proposed Ordinance Does . Not Discriminate Against Interstate
Commerce
The argument that the proposed prohibition of wild and exotic animal performances in
Huntington Beach violates the Commerce Clause of the United States Constitution,USCA Const.,
Art.I, S 8,equally lacks merit. The Commerce Clause"prohibits economic protectionism--that is,
`regulatory measures designed to benefit in-state economic interests by burdening out-of-state
competitors."'Associared Industries ofMo. V.Lohman,511 U.S.641,647(1994)(quotingNewEnergy Co.
oflnd.v.Limbach,486 U.S. 269, 273-274(1988).Ordinance No.3586 does not discriminate against
out-of-state economic interests either on its face or as applied.
Quite the contrary,the ordinance regulates evenhandedly by imposing a complete ban on
commerce in wild and exotic animal performances that constitute a public health and safety threat
within Huntington Beach. This complete ban applies without regard to the origin of the animals,
and thus does not discriminate between interstate and intrastate commerce.
Assuming, arguendo,that Ordinance No. 3586 incidentally burdens interstate commerce,
any such burden does not invalidate the ordinance. It is a well-established principle of constitutional
law that an incidental burden on interstate commerce will be tolerated where the local interest
promoted is legitimate and outweighs the burden. Pike v.Bruce Church,Inc.,397 U.S. 137, 142(1979)
("Where the statute regulates even-handedly to effectuate a legitimate local public interest,and its
effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on
such commerce is clearly excessive in relation to the putative local benefits").
Public places of amusement and entertainment are an appropriate sphere for broad exercise
of local police power. 7978 Corp. v.Pitchess 41 Cal. App. 3d 42, 46-47 (1974). As indicated in our
initial letter,wild and exotic animal performances have resulted in a number of reported deaths and
severe injuries of humans and performing animals. Trainers and handlers habitually inflict cruel
methods of pain and intimidation upon wild and exotic animals in order to force them to perform
unnatural tricks. The benefits of the protection of humans and animals from these risks by virtue of
the prohibition of wild and exotic animal performances clearly outweigh any incidental burden the
ordinance may have on interstate commerce. Further,the inefficacy of federal (USDA) and state
(CF&G) regulation to lessen these risks of death and severe injury creates a compelling
governmental interest for legislative action at the local level. Ordinance No. 3586 is thus a valid
exercise of the police power of Huntington Beach and does not illegitimately discriminate against
interstate commerce.
C. The Proposed Ordinance Is Not Unreasonable or Discriminatory in Its
Limited Application to Wild and Exotic Animals
Finally,the circus industry claims that Ordinance No.3586 is"unreasonable"in its limitation
to wild and exotic animals. But the circus industry's argument that,since dogs bite people more
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Mayor Debbie Cook
and City Council Members
Office of the City Council
November 18, 2002
Page 6
than elephants charge them,Huntington Beach must enact effective ordinances regulating dogs(or
other domestic animals) before it can enact ordinances regulating wild and exotic animals, is
specious.
There is no principle of law that prohibits regulation of wild and exotic animals distinctly
and separately from domestic animals. Just because a municipality may choose not to regulate the
maintenance of dangerous domestic dogs does not mean the municipality must also refrain from
regulating the handling of inherently much more dangerous wild animals like bears,lions,tigers and
elephants.See Williamson v.Lee Optical of Oklahoma,75 S.Cr.461,489(1955) (holding that reform
effected by statute"may take one step at a time,addressing itself to the phase of the problem which
seems most acute to legislative mind...[selecting]one phase of one field[and] neglecting onccrs"
[citations omittedD.
Local animal control officers and law enforcement officials lack the expertise and control
needed to deal with emergencies involving wild and exotic animals. If the exhibitors themselves
cannot prevent the deaths and severe injuries of humans and animals through their handling,local
law enforcement officers cannot and should not reasonably be expected to do so. This alone
warrants the adoption of particularized legislation banning wild and exotic animal performances for
entertainment purposes from taking place within Huntington Beach.
III. Conclusion
The circus industry's legal challenges to Ordinance No. 3586 lack merit and do not justify
voting against or postponing adoption of the ordinance.The City Council's justified,commendable,
and valid exercise of its police power to protect the health and safety of Huntington Beach residents
and wild and exotic animals should not be shaken by the circus industry's unsubstantiated threats of
litigation. We urge you to adopt the proposed ordinance without further delay.
ly yours,
rly Deg ,
Chair,
Los Deg
L y for Animals
OD/kc
cc: Huntington Beach City Council Members (via fax and U.S.Mail)
19-� Zl/Zl d W-1 -woj� ei:ZI ZO-U-II
11/18/02 14:48 FAX 404 892 7580 DOUG CRESS 0 001
GAP B ianal
P.O. BOXOX 194 19492
Portland, OR 97280-0492 USA
Tel:978 779.6419 F2x:978 779.8277
gapGreat Ape Project vww*.9reat pep jectorg
November 16, 2002 =
ti c
o
Mayor Debbie Cook
City Council Members — =
� x C:
Office of the City Council
2000 Main Street
Huntington Beach, CA 92W _
1-714.536-W3 c�
—J T'
Dear Mayor Cook and City Council members;
On behalf of the Great Ape Project(GAP) and its chapters thoughout Europe,
Asia and South America, 1 am writing to support proposed ordinance banning the
use of animals in circuses and carnivals in Huntington Beach, California.
Although GAP is committed to the welfare and protection of great apes in
captivity, we understand the importance of protecting all exotic animals from the
pain, stress, injury and, ultimately, doom of a life in entertainment. Circuses and
carnivals may have been created to entertain humans, but we believe that need
not occur at the expense of animals.
Indeed, GAP's large membership in Southern California has made it dear that it
is strongly opposed to the use of any animals in entertainment. By contrast,
circuses that do not use animals--such as the Cirque du Soleil—have proven
extremely popular and lucrative, and provide an acceptable alternative.
We strongly urge the City of Huntington Beach to follow the lead of other major
cities around the country and support the proposed ordinance banning the use of
animals in circuses and carnivals. It is the right thing to do.
Thank you for your kind consideration.
Sincerely,
47Y���
Doug Cress
Exeartive Director
Great Ape Project
ApeAc tion@aol.corn
OVA
NOV-18-2002 10:29 404 892 7580 97% P.01
10/31/2002 23:10 8315824212 INWARD BOUND PAGE 01
2-
General Office Marketing Office
PO Box J. 100 Campus Center
Hugo, OK 74743 CIR►"Jus Seaside, CA 93955
Phone: 580/326-2233 Phone: 831-582-4375
BIG TOP ramILY FUN
Fax: 580/326-7466 Visit us at: http://www,candbcircus.com Fax R�1-5R�-4�.1�.November 1, 2002
Huntington Beach City Council
2000 Main Street
Huntington Beach, CA 92648
Dear Mavor Cook, Mayor Pro Tern Boardman, Council Member Bauer, Council Member Green,
and Council Member Dettloff,
I urge you to NOT support the addition of Chapter 7.14 to the Huntington Beach Municipal Code
for the following three reasons,
• Its purpose and intent is mis-construed—protecting wild and exotic animals from
cruel and inhumane treatment is in no way accomplished by the proposed legislation.
In fact, such proposed legislation, if enacted, would serve to undermine the
livelihoods and well-being of the animals themselves, as well as their care-givers.
• Animal wrongists have sought to portray performing animals, in and of itself, as a
position one should not support. No wonder they are wrongists! Training and
performing enhances and stimulates animals, serving to develop their intellect and
abilities. Research shows circus animals live longer and appear more zestful and
healthier than their counterparts in zoos, and of course, in the wild. We train humans
to perform, seemingly "un-natural acts" such as running the 440 hurdles, singing an
aria, and enjoy paying for the privilege of having them entertain.
• It is our first amendment tight to offer the Tradition American Circus, wholesome
family entertainment for Children of All Ages, replete with its traveling zoo. And it's
the right of all families to be able to choose to attend or not, voting with their feet and
their pocketbooks, not through your potentially restrictive anti-business ordinance.
Thank you for thoughtfully considering my input. _
e� C_
0
Sincerely,
z
CD -
G .—
i
Alfrieda Wilkins
Director of Advance Coordination I>
Awilkins@cai sonbarnescircus.com r
w r
N D
11-01-02 16:35 From- T-824 P.01/12 F-110
Ci-il '( CL F
CITY OF
Orly Degani, Esq. Hil, I INIGTO4 BI=ACH, CA
Los Angeles Lawyers for Animals 1601 NOV -5 p 12: 5 r-
15760 Ventura Boulevard, 18th Floor
Encino, California 91436
(818) 995-0800
TO Mayor Debbie Cook FROM Orly Degani
Office of the City Council
FAX 714 536 5233 (PHONE unknown
DATE November 1,2002 PAGES 12
(Including Cover)
CASE NAME N/A CASE CODE OD-PER
DOCUMENT Letter
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OF ORIGINAL
COMPLETED Kacee
BY
IF YOU DO NOT RECEIVE ALL THE PAGES OF THIS TRANSMISSION AS INDICATED ABOVE,PLEASE
CALL BACK AS SOON AS POSSIBLE AT(818)995-0800.
• This facsimile is for the personal and exclusive use of the recipient(s)named above. Its terms are not
only to remain absolutely confidential but may also be subject to the attorney-client privilege.
• If you have received this facsimile and are neitherthe intended recipient(s)nor his/her agent,please be
advised that any use,review,copying,selling,dissemination,publication or distribution of this facsimile
Is unauthorized and prohibited.
• If you have received this facsimile in error,please immediately notify this office by telephone and return
the original facsimile by mail. Thank You.
Vt
NOU-01-2002 16:20 99% P.13
11-01-02 16:35 From- T-824 P.02/12 F-110
Orly Degani, Esq.
Los Angeles Lawyers for Animals
15760 Ventura Boulevard, ]8 Eloor
Encino, California 91436
November 1, 2002
VIA FACSIMILE AND U.S. MAIL
Mayor Debbie Cook
Office of the City Council
2000 Main Street
Huntington Beach, California 92648
Dear Mayor Cook:
On behalf of Los Angeles Lawyers for Animals,I am writing to express our support for the
proposed ordinance that will prohibit the use and exhibition of wild or exotic animals for
entertainment purposes in the city of Huntington Beach. We appreciate the Council's consideration
of legislation similar to that of a growing number of.cities across our country—including the cities
of Corona,Encinitas,Pasadena,and Rohnert Parkin California. Increasingly,cities are recognizing
That exhibitions that include wild or exotic animals involve substantial,unacceptable risks to the wild
animals and to the public. The prohibition of wild or exotic animal exhibitions in Huntington Beach
will go a long way not only in ensuring public safety,but also in promoting the humane treatment of
and respect for the wild animals who have long suffered negligent and abusive practices of
exhibitors and trainers in the name of entertainment.
I. The Prohibition of Wild or Exotic Animal Exhibitions in Huntington Beach Furthers
Public Safety Goals and Promotes the Health and Safety of Performing Animals
Los Angeles Lawyers for Animals focuses primarily on how laws affect animals. In the case
of circus animal exploitation, however, wild animals, trainers, and spectators are all subjected to
unnecessary and substantial safety risks when wild or exotic animals are forced to perform unnatural
tricks repeatedly and to endure relentless traveling schedules. Tigers,lions, and elephants are,by
definition,wild and not domesticated. They do not cope well with confinement,with isolation from
their social groups,with repeated changes in their territories,and with attempts to make them eager
to please people. Even the smallest of wild animals are difficult to control, and their instinctive
behaviors are difficult to predict. As some of the most powerful and largest living land animals on
earth,tigers,lions,and elephants suffer from the constraints placed on them in order to make them
perform in circuses,and they pose a particular and substantial risk of killing or inflicting grave bodily
injury on those in proximity to them.
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Mayor Debbie Cook
Offict of the City Council
November 1, 2002
Page 2
A. Wild or Exotic Animal Exhibitions Pose a Substantial Threat to Public Safetl-
Although there is some disagreement.as to the number of circus-related injuries and deaths:
one U.S. government official has indicated that between 1983 and 2000, at least 28 people were
killed in incidents involving captive wild or exotic animals and more than 70 others were seriously
injured,including 50 spectators.' The circus industry might characterize the number of injuries and
deaths as low,but we think that the number of incidents is less relevant than the facts that (1)the
injuries are extremely serious when they occur, and (2) the injuries and deaths are completely
avoidable. If wild animals were not exhibited for entertainment, none of the injuries and deaths
would have occurred.
Legislators at local,state,and federal levels of government have,in fact,acknowledged the
substantial public safety risks posed by allowing members of the entertainment industry to place the
public into close proximity with wild or exotic animals during circus performances or other
exhibitions. In recent years,four cities.in California have adopted local ordinances prohibiting the
exhibition of all wild or exotic animals. Nine states have banned elephants from close contact with
the public! In addition,in 1999,Congressman Sam Farr(D-CA)introduced the Captive Elephant
Accident Prevention Act,H.R. 2929, which sought to prohibit the use of elephants in traveling
circuses or exhibitions entirely.'
One horrifying account of the risks posed by forcing wild or exotic animals to perform for
public amusement was conveyed by Officer Blayne Doyle of the Palm Bay Police Department in his
June 13,2000 hearing testimony before the Judiciary Committee's Subcommittee on Crime.`Officer
Doyle,who was on traffic duty during a February 1, 1992 circus performance,witnessed an 8,000-
pound elephant named Janet go on a rampage while giving elephant rides to a woman and five
children.'After attacking her trainer,Janet picked up Officer Doyle with her trunk and threw him
about 35 feet in the air.' When Janet turned to run back inside the circus tent, Officer Doyle shot
her 34 times in the head,which did not stop Janet. According to Officer Doyle,it was only after the
firing of 55 rounds of 9mm ammunition,the guns police officers normally carry,and two 30-odd six
armor piercing rounds,that Janet was brought down. Janet died,and approximately 17 spectators
were injured during the incident.'
I Sam Farr(D-CA), The Whole Story on rbe QptiveflephantAccidenrPrewntion Act,HOU5E OFIEPRESENTATNES,at
http;//tvww.h�uic.gov/farr/elep a t.him(last visited on Sept. 15,2002). for a compilation of captive animal attacks
o%,cr the past decade that have resulted in death or injury,see the Animal Protection Institute's list of Exhibited Animal
Incidents,availableat http://www.api4-aimals.org/dnc.,L;p?ID=635 (last visited on Sept. 15, 2002).
2 Sam Farr,supra at note 1.
3 Captive Ek*ntAccident Prevcnrion Act of 1999•Clearing on H.R.2929 Before rbe Sufxommime on Crime of&House Comm.on
the fudiciary,106th Cong.(2000)[hereir a er Hearing on R.R,2929]. Although Congressman Farr's Act ultimately failed on
July 11, 2000,Congressman Farr has indicated that he is likely to introduce a revised Act in the future.
Ifearing on H.R. 2929,at 64-66(statement of Blaync Doyle,Officer,Palm Bay Police Department),supra at note 3.
s Id.
a Id.
id.
NOV-01-2002 16:20 99% P.15,
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Mayor Debbie Cook
Office of the City Council
November 1, 2002
Page 3
As recently as September 20,2002,a six-year-old boy required 55 stitches for two cuts on hi.,
scalp sustained after a tiger lunged at him during an animal performance at a local school in San
Jose, California!
B. The Circus Industry Benefits Financially When it Places the Public in Peril
Yet the Circus Industry Fails Even to Pay for Experienced and Well-Trained
Trainers and Handlers
In light of the unpredictable and dangerous behaviors of the wild animals exhibited in each
of the preceding incidents,it is not surprising that historical data published by the U.S.Department
of Labor,Bureau of Labor Statistics identifies the occupation of elephant trainer as being among the
country's most dangerous occupations.' One would expect, then, that exhibitors would hire
individuals with extensive experience and specialized training to care for and control wild or exotic
performing animals in order to mitigate the tremendous public safety risk posed. In reality,many
circus animal trainers and handlers have little,if any,meaningful experience handling wild or exotic
animals. Moreover,the training of wild or exotic animal trainers or handlers often includes only
cursory instructions pertaining to the maintenance of sanitary living conditions.10 To pay for
training or to pay highly trained individuals would cut too deeply into the exhibitors'profit margins.
Alternatively,perhaps,the circus industry realizes that no amount of training can adequately protect
people from the risks that result from forcing wild animals to serve as entertainers.
For example, two recent job openings posted by Feld Entertainment, Inc. solicited
applications for the positions of Animal Care Attendant and Senior Animal Handler for its Ringling
Bros. and Barnum&Bailey®circus." For both positions, only a high school diploma or a general
education degree(GED) was needed to satisfy Ringling Bros.' educational requirements. For the
entry-level Animal Care Attendant, only one to three months of experience in animal care was
required. For the Senior Animal Handler position,three to four years of experience in animal care
was required. Ringling Bros. did not require prior work experience caring specifically for wild or
exotic animals for either position.
Potentially grave consequences logically follow from circuses placing the care and control of
wild or exotic animals in the hands of inadequately trained and educated individuals. One might ask,
3 Ken McLaughlin, The Tiger Incident at Baymonre School,SAN JOSE MERCURY NEWS,Sept. 24,2002,at 1.
9 Guy'T'oscano,Economist for the Office of Safety,Hcalth and Working Conditions,Bureau of Labor Statistics,
Dangerous fobs, 57 COMPENSATION AND WORKING CONDITIONS Summer 1997,available at
htt ://ySrvnv.bls.hov.iif.oshwc/cfa.r0020.pdf(last visited Sept. 15,2002). Although there are years in-which there are no
fatal work injuries involving elephant trainers,the OSHWC study indicates that,given the number of elephant trainers in
the U.S.(approximately 600)and the historical figures for work-related fatalities,elephant trainers face a relative risk of
fatal work injury -that is 68 times greater than for the typical worker."
10 Deposition of Glenn"Doc"Ewell,former employee of Ringling Bros.,subscribed pursuant to 7 U.S.C.5 2217 by Neil.
W.Williamson,USDA Investigator,in Galt, Cal. (Jan.20, 1999).
ti See hitP://w,%-w.f4identertainmenr...com/LAVA�HR/10BOP/00001520 (Animal Care Attendant) and
http-. /w--w.feldenicrtainment.co,n/LAVA I-iR/JCROP/000009S6(Senior Animal Handler)(last visited Sept. 15,
2002).
t40V-01-2002 16:20 P.16
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Mayor Debbie Cook
Office of the City Council
November 1, 2002
Page 4
for example,how an individual with only one to three months of general experience in animal car(
could reasonably be expected to help control, say, a two-ton elephant who grows restless while
giving rides to children? Indeed,howcan such an inexperienced individual be reasonably expectec
to help control a wild or exotic animal when even the most experienced handlers and trainers cannot
be expected to do so? Ultimately,no amount of training adequately reduces the inherent risk of
bringing powerful wild or exotic animals into contact with people. Accordingly, a ban on the
exhibition of wild animals is far more appropriate and effective than attempting to enact and enforce
specific regulations as to particular methods of handling and training wild animals.
C. 'Wild or Exotic Animal Exhibitions Pose a Substantial Threat to the Health
and Safety of Performing Animals
The circus industry denies that wild animals are acquired and trained through cruel methods,
yet circus employees routinely use force and pain to make wild or exotic animals perform upon
demand. Wild animals are not domesticated to co-exist in a symbiotic relationship with people;they
will not readily volunteer to please people by performing meaningless,repetitive routines in large
noisy arenas. Pain and deprivation are blunt instruments used to condition individual wild animals
to entertain people. Moreover, given the limited training and experience of circus employees
discussed above,many circus employees may not be aware of the potentially harmful consequences
to the animal of using force repeatedly or of the increased likelihood of a wild or exotic animal
acting out or rebelling against such treatment.
As recently as August 23, 2002, a spectator at a performance of the Sterling&Reid Bros.
Circus at the Norfolk Scope Arena in Norfolk,Virginia witnessed the circus'trainer viciously beating
an elephant." According to this eyewitness account,the trainer beat this elephant on her head with
a bullhook until her hide was bloody." This same circus pleaded guilty to animal cruelty charges in
San Bernardino County, California in 1998 after local humane officials confiscated eight severely
emaciated ponies from a Sterling & Reid Bros. circus trailer."
Other eyewitness accounts have described similar instances of animal cruelty. For example,
in his sworn affidavit,USDA-licensed exhibitor Craig A. Perry stated that in 1992 he witnessed a
trainer brutally beating an elephant named Teaha "with baseball bats, ax handles, and[]electrical
charges plugged into [an] 110-volt electrical outlet....[which]was used when the elephant would
12 Matthew Roy,Another Cruelry Charge Added co Qse.-HandlerAccused of Mucrwring Circus Elephant at Scope,V IRGNAN-
PILOT&LEDGER STAR, Sept. 5,2002, at B3.
'lid. A"bullhook,"also known as an"ankus,"is a two to three foot long stick with a sharp metal hook attached atone
end. The bullhook weighs approximately five pounds,and is commonly used by circus trainers to beat,hit,and poke
elephants in sensitive areas,such as around their feet,behind their ears,across their faces,or inside their mouths,in
order to"train"or"break"them. Shortly after this incident,Creech was arrested and charged with four counts of animal
cruelty. Trial was set for October 18,2002.
14 According to a USDA official,this incident gave rise to Sterling&Reid's third formal USDA investigation in four
years. The USDA has cited Sterling&Reid for noncompliance with the AWA more than 70 times in the past four
years. See Matthew Roy,supra at note 12;Lou Missdhorn,Ins estigarion of Circus CornmencesAfter C1 arge5.&fa&ar SropeShew,
VIRcIN►AN-PILOT&LEDGER STAR, Sept. 4,2002,at B4.
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Mayor Debbie Cook
Office of the City Council
November 1, 2002
Page 5
lunge at anyone near her.i1s Similarly, in his June 13, 2000 testimony before the Judiciary
Committee's Subcommittee on Crime,former Ringling Bros.elephant caretaker Tom Rider testifiec
that throughout his years of employment with circuses,he witnessed the reality that elephants"are .
beaten all the time when they do not perform properly.
Importantly, cruel practices are not limited to the training of wild or exotic animals for
public amusement. For example,wild or exotic animals may be acquired through unlawful means,
by removing animals from their natural environments. Infant wild or exotic animals often are
separated from their mothers for greater ease of training or"breaking"the animals. Moreover,wild
or exotic animals are often subjected to brutal cosmetic surgeries,such as declawing or defanging,
which forever harm the animals, both physically and mentally.
One of the common responses circuses offer in response to public expressions of concern
over the treatment of performing animals is that wild or exotic animals who live in captivity and in
the care of circuses,particularly elephants,tend to lead much longer lives than do those animals who
actually live in the wild." This argument assumes its own conclusion,given the countless external
factors that contribute to the endangerment of animals such as elephants and tigers in the wild,such
as human over-exploitation of natural resources and illegal hunting or poaching practices.
Assuming,arguendo,that wild or exotic animals do live longer in captivity,it is worth asking
whether such is a positive or negative attribute for the animals,given the procurement and training
practices described above. The fact that when not performing,circus or exhibition animals spend
many of their days traveling thousands of miles chained in cramped railroad cars or trucks, only
serves to underscore the inherent—and unnecessary—cruelty endured by these animals for public
amusement.18
Together,the inherent danger involved in allowing public contact with wild or exotic animals
and the common lack of skill, experience, and training of animal trainers or handlers creates an
utterly unacceptable risk to the health and safety of the public, the trainers, and the animals
involved. Prohibiting use and exhibition of wild or exotic animals for entertainment purposes in
Huntington Beach is clearly the most effective way to avoid future injuries or deaths,which are not
effectively avoided by the circus industry.
15 Affidavit of Craig A.Perry,USDA-licensed animal exhibitor,subscribed pursuant to 7 U.S.C.§2217 by K.James
Carter,USDA Investigator in Walker,Iowa(Mar. 5, 1992).
16 Hearing on HK 2929,at 49-53(statement of Tom Rider,Former Elephant Caretaker for the Ringling Bros.&Barnum
& Bailey Circus,supra at note 3.
17 See generally,Ringling Bros.Frequently Asked Questiotu,asazilabkathht2j: / 6naiia.coml_animis/anrxer.a E(last
visited on Sept. 15,2002).
11 Affidavit of Glenn"Doc"Ewell,former employee of Ringling Bros.,subscribed pursuant to 7 U.S.C.S 2217 by Neil
W.Williamson,USDA Investigator,in Galt,U.Can.20,1999). Mr.Ewell further testified that a typical Ringling Bros.
performance itinerary has only one"dark" day per week on which its animals are not required to perform.
NOU-01-2002 16:20 99% P. 1e
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Mayor Debbie Cook
Office of'the City Council
November 1, 2002
Page 6
II. The Prohibition of Wild or Exotic Animal Exhibitions in Huntington Beach Will
Help Remedy the Harm Caused by the Minimal Standards and Inadequate
Oversight of State and Federal Regulatory Agencies
Regulation and enforcement of humane standards in the training and handling of wild of
exotic animals exhibited for entertainment exist to some extent at both the state and federal levels.
Circus industry representatives regularly argue that sufficient protection is afforded by these laws
and that the circus industry is rarely cited for violating the laws regarding humane treatment of
animals. Importantly, however, such laws are very limited in scope and are enforced only
occasionally due to lack of governmental resources dedicated to the protection of animals. As will
be discussed below,and by the federal regulatory agency's own acknowledgement,it is this limited
scope and enforcement that allows even the most blatant and habitual offenders to proclaim that
they have never violated extant animal welfare laws.
A- Federal Regulation of the Handling and Public Exhibition of Wild or Exotic
Animals
Minimal statutory and regulatory standards for the "humane handling, care,treatment,and
transportation" of wild or exotic animals by exhibitors are set forth in the Animal Welfare Act
(AWA) and Title 9 of the Code of Federal Regulations (CFR), pan 2." Broad discretion to
promulgate and enforce these minimal standards is granted to the U.S.Department of Agriculture's.
(USDA)Animal and Plant Health Inspection Service (APHIS). To ensure AWA compliance,the
USDA-APHIS assigns its Animal Care division the task of conducting randomly scheduled,
unannounced inspections.20 According to information provided by the USDA, there are
approximately 80 Animal Care field inspectors responsible for the inspection of over 2,000 USDA-
licensed exhibitors countrywide." According to USDA-APHIS Western Region Compliance
Manager Connie Morris, responsibility for the inspection of the 500 USDA-licensed exhibitors
operating in California is delegated to only six field inspectors.22 It logically follows that this
disproportionate inspector-exhibitor ratio is certain to have an adverse effect on the USDA-APHIS'
ability to monitor the regular compliance of its licensees and to respond appropriately to allegations
of abusive practices.
To conduct its inspections,USDA-APHIS operates on a risk-based inspection system,which
uses objective criteria such as AWA compliance history to determine the inspection frequency of
each USDA-licensed exhibitor or facility." Under this system,exhibitors may qualify for either low,
197 U.S.C. SS 2131 er seq.;9 C.F.R. SS 2.100 and 2.131.
20 For an overview of federal organization of the AWA,see hitp://ativw.aPhi:.'1sda. ovJac(last visited Sept.15,2002).
'-t Statistics indicated in FY1998: Animal Welfare Report, USDA-APHIS,available at
httn. �vsc•u .auhis.�iscla.go�lac/aa-reo98.odf(last visited Oct. 12,2002). More recent statistics were requested,but not
received from the USDA-APHIS Animal Care division. USDA-licensed"exhibitors"include circuses,roadside animal
attractions, zoos, game farms,wildlife and marine mammal parks,and nature preserves.
22 Telephone interview with Connie Morris,Compliance Manager,USDA-APHIS Animal Care,Western Region(OCt.
12, 2002).
23 FY 1998:Animal Welfare Report:,supra at note 21.
P. 19
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Mayor Debbie Cook
Office of the City Council
November 1, 2002
Page 7
medium, or high inspection frequency.21 Exhibitors who meet all USDA-APHIS criteria are
assigned low inspection frequency,and are subject to.Animal Care inspections once every two t(.
three years.'' In contrast, exhibitors who meet few or none of the USDA-APHIS criteria are
assigned high inspection frequency, and are subject to Animal Care inspection twice a year.26
Exhibitors in the middle are typically inspected once a year.27 According to the USDA-APHIS,tht
implementation of this risk-based inspection system was meant to allow inspectors opportunity tc
conduct more extensive inspections than allowed under the prior system. However,to illustrate the
inadequacy of this risk-based inspection system, one need only consider that noncompliant
exhibitors, or exhibitors assigned"high inspection frequency," may be subject to USDA-APHIS
inspection only rwicea year. Thus,habitual offenders of USDA-APHIS animal welfare regulations
may be more likely to engage in abusive and cruel practices without detection.
The USDA is notoriously unable and,seemingly,unwilling to enforce the AWA.'' Given the
broad discretion afforded to the USDA-APHIS, USDA action following the discovery of
noncompliance with AWA standards may range from an informal instruction made to the exhibitor
to correct the problem within a given period,to the administrative prosecution of an exhibitor under
the AWA." Although many USDA-licensed exhibitors are cited for noncompliance each year,few
are actually cited for violations of the AWA, and even fewer have their licenses suspended or
revoked, or are subject to administrative prosecution or civil penalties. According to Mr.Jim D.
Rogers with the USDA-APHIS:
The only way to get a violation of the AWA on someone's record is for a USDA
administrative law judge to find them guilty of violating the AWA. Thus,a licensee
can have any number of noncompliance items,tickets,stipulations,and settlements
on their record without having a single violation."
As a result,USDA-licensed exhibitors such as the Ringling Bros. and Barnum&Bailey Circus"are
free to proclaim that they have "never violated the AWA."" Ultimately,this leads to the public
being provided with an overly optimistic- and arguably unrealistic - impression of the reality
confronted by performing wild or exotic animals.
24!d.
b.!d.
16 1d.
Ir!d.
ie SeeAnirnal Legal Defense Fund v. Glickman,943 F.Supp.44(D.D.C.1990),in which the Honorable Charles Richey
notes, "while Congress set forth a clear mandate of humane treatment of animals,it then took away that mandate by
granting unbridled discretion to the agency which,as past experience indicates,will do little or nothing."Affd,154 F.3d
426 P.C.Cir.1998)(en banc),cen.denied,526 U.S.1064. Accord,Carole Lynn Nou icki,TheAnimal We fareAcG AUBark
and No Bice,23 SETON HALL LEGIS.J.443(1999);Valerie Stanley, TheAnimal Wela7tAcrand the USDA:!Time foran
Overhaul, 16 PACE ENV. L.REV. 103 (199S).
21 USDA,Regulation of Animal Exhibitors(November 2001)ar het :/ tt7vW '.171715-uC I!, O\'/oa/ }bs/esllihicr. tml(last
visited Sopt. 15,2002).
30 E-mail from Jim D.Rogers,USDA-APHIS,to Lucy D.Shelton(Aug.2,2002,09:01 PST)(on file with author).
11 See Ringling Bros. Frequently Asked Questions,supra at note 17.
t4oV-01-2002 16:20 99% P.20
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Mayor Debbie Cook .
Office of the City Council
November 1, 2002
Page 8
Overall, the combined effect of the disproportionate inspector-exhibitor ratio, the
inadequate risk-based inspection system,and the lack of enforcement of the AWA by the USDA i
to drastically reduce the few federal protections in place that are meant to safeguard the health anc
safety of animals and spectators alike. As a result,the existing statutory and regulatory regime ha.,
little, if any, practical effect. The net effect of these negative factors will likely be to encourage
USDA-licensed exhibitors to remain confident that they can commit questionable or abusive
practices without being caught or without serious repercussions."
Importantly, amendments to the existing federal statutory and regulatory regime that
propose to provide better protection for performing animals and spectators alike have failed to be
implemented due to strong opposition from the circus industry. For example,in response to public
outcry concerning the lack of enforcement of the AWA,the USDA solicited information concerning
how the USDA could provide more guidance on how to meet the requirements of AWA regulation,
particularly as they pertain to potentially dangerous animals." After receiving over 400 comments in
response to this request, the USDA introduced and solicited comments on its Draft Policy on
Training and Handling of Potentially Dangerous Animals" on February 18, 2000." This Draft
Policy proposed clarifications as how to comply with three key areas of the existing regime:
Personnel,Handling Techniques and Procedures,and Contingency Plans. In this Draft Policy,the
USDA proposed, inreralia,that bullhooks,hot shots,shocking collars,or shocking belts,should not
be used as instruments of physical abuse to train,work,or handle animals,and to the extent that
3'Two examples of the failure of the existing federal regime to deter abusive practices are illustrated by the USDA-
APHIS inspection records for the Ringling Bros.&Barnum&Bailey CircusQ°and the Sterling&Reid Bros.Circus. For
instance,on April 16,1999 the USDA formally charged Ringling Bros.with the"willful violation"of 9 C.F.R.SS 2.100(a)
and 2.131(a)(1),stemming from Ringling Bros.'having forced an ill juvenile elephant named Kenny to perform on two
occasions before he had been examined by a veterinarian. In re Feld Entertainment,Inc.d1b/a Ringling Bros.&Barnum&
Bailey Circus,AWA Docket No.98-0020. The case settled on August 2S, 1998. Under the settlement agreement,
Ringling Bros.neither admitted nor denied any violations of the AWA,but agreed to donate$10,000 to a non-profit
elephant sanctuary and$10,000 to an outside organization for research relating to gastrointestinal or infectious diseases
of elephants. USDA Press Release at nttp://arn,-a,.aphis.usda.co%-/lpa/ore.is/1998/08/rbcir2.tkt(last visited Sept. 15,
2002). Within months of this settlement,Ringling Bros.was under USDA-APHIS investigation again for multiple
commissions of alleged animal abuse,which in ene case precipitated the physical harm and ultimate death of a baby
elephant named Benjamin. See USDA Report of Investigation, Case No. TX99237-AC(Sept. 1, 1999),at 3.
The Sterling&Reid Bros.Circus'USDA inspection records provide a similar illustration. Despite having just settled a
USDA complaint alleging the commission of abusive practices in violation of the AWA on or about January 30,2002,a
few months later a spectator witnessed Sterling&Reid Bros.elephant handler David A.Creech brutally beating an
elephant during a performance in Norfolk,Virginia. According to a USDA official,this incident gave rise to Sterling&
Reid's third formal USDA investigation in four years. The USDA has cited Sterling&Reid for noncompliance with the
AWA more than 70 times in the past four years. See Matthew Roy,supra at note 12;Lou Misselhorn,1 wtigntion of Circus
Commences After Charges Made at Scope Show,VtRGINIAN-PILOT&LEDGER STAR,Sept.4,2002, at B4.
a)USDA,62 FED.RFG.39,802(1997). More specifically,the USDA requested information pertaining to:(1)common
industry handling and training practices,and which practices were considered abusive;(2)common industry practices
used for controlling animals showing aggression and for preventing animals from acting aggressively during public
performances;(3)the incidence of aggressive behavior in performing animals;(4)identification methods for tracking
wild or exotic animals;and(5)professional or industry standards concerning training and experience levels for trainers
and handlers.
34 USDA, 65 FED.REG. 8,319 (2000).
NZQ-01-2002 15:20 99i P.21
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Mayor Debbie Cook
Office of the City Council
November. 1, 2002
Page 9
they are used,such practices should be closely scrutinized.35 Despite the fact that the Draft Policy
proposed simply to provide guidance for,rather than to change,the existing statutory and regulator)-
regime,the USDA never implemented the Draft Policy due to strong opposition from the circa:
industry."
B. California Regulation of the Handling and Public Exhibition of Wild or
Exotic Animals
California's animal welfare laws are set forth under Section 597 of the California Penal Code
In relevant pan, the California Penal Code § 597(b) states that:
...[E]very person who overdrives,overloads,drives when overloaded,overworks,
tortures,torments,deprives of necessary sustenance,drink,or shelter,cruelly beats,
mutilates, or cruelly kills any animal, or causes or procures any animal to be so
overdriven,overloaded,driven when overloaded,overworked,tortured,tormented,
deprived of necessary sustenance,drink,or shelter,or to be cruelly beaten,mutilated,
or cruelly killed;and whoever,having the charge or custody of any animal,either as
owner or otherwise,subjects any animal to needless suffering,or inflicts unnecessary
cruelty upon the animal,or in any manner abuses any animal,or fails to provide the
animal with proper food,drink,or shelter or protection from the weather,or who
drives, rides; or otherwise uses the animal when unfit for labor, is for every such
offence, guilty of a crime punishable as a misdemeanor or as a felony... .
Under the aforementioned provision,offenders found guilty of violating California's animal welfare
laws are subject to fines from $100 to $20,000, and/or imprisonment of up to five years.
It would seem that this section of the California Penal Code should be sufficient to address
cruelty to circus animals, without a total ban on exhibiting wild animals. However,anti-cruelty
statutes are not designed to address established industry-wide practices. They are used to prosecute
individuals who deviate from established practices and intentionally engage in wanton acts of cruelty.
Because of the stigma associated with a criminal conviction for cruelty, it is difficult to convict
individual trainers of cruelty when they are following industry practices,even though the practices
themselves are cruel in that they involve tremendous pain and suffering for the purpose only of
creating entertainment for humans and generating profits for the exhibitors. The only way that an
anti-cruelty statute can be used effectively is when a practice is specifically banned, such as
prohibiting the use of bullhooks on elephants, regardless of its acceptance within a particular
industry. The California Penal Code does not have such specific provisions,and the list would be
long,indeed,if it were necessary legislatively to ban each cruel practice in circus animal control and
training. The legal result of such a list would be the same as a ban on exhibiting wild animals for
3s Id.
35 According to information published online by People for the Ethical Treatment of Animals(PETA),Ringling Bros.'
opposition to the Draft Policy(particularly with regard to the instruments used to train or handle performing animals)
contributed to its ultimate failure to be implemented by the USDA. See ht3:i 1VTW-4 ircuses.com/factrinel(last visited
Oct. 12, 2002).
NOU-01-2002 16:20 99i P.22
11-01-02 16:39 From- T-824 P.11/12 F-110
• Mayor Debbie Cook
Office of the City Council
November 1, 2002
Page 10
entertainment, and a ban on exhibiting wild animals is far more effective in achieving that result
An outright ban also reduces law enforcement costs because it is extremely expensive tc
investigate and to prosecute numerous specific anti-cruelty code violations. Just as it is difficult cc
enforce federal animal protection laws,it is difficult to enforce California's animal protection laws.
Here, California's Department of Fish and Game (CF&G) carries most of the responsibility for
enforcement of laws pertaining to wild animals. 'Yet, contrary to state laws, the CF&G issued
permits to circuses that were under investigation,charged,and/or convicted for violations of the
AWA by the USDA." Also contrary to state regulation,the CF&G failed to appoint the advisory
committee required under the Fish and Game Code, which would recommend regulations for
standards of performance of the permit program and frequency of inspections and advise and assist
the CF&G in entering into memoranda of understanding with local entities to enforce said
regulations. For these reasons, the Animal Protection Institute (API) and the Fund for Animals
sued the CF&G on October 24, 2001."
According to API counsel Nicole Paquette,the lawsuit settled three months after it was filed
by way of a Stipulated judgment. Pursuant to this Stipulated Judgment, CF&G agreed to establish
the required advisory committee,and to appoint to this committee two representatives from animal
welfare organizations. The effect of this settlement has yet to be ascertained, and as illustrated by
the incidents reported above,the wild or exotic animals that continue to travel and perform with
circuses and traveling exhibitions remain exposed to and unprotected from the harsh abuses and
cruelties at the hands of their exhibitors.
III. Conclusion
The risk for incident will always be present as long as exhibitors are permitted to continue
engaging in aggravating activities with wild or exotic animals. Ultimately,the combined effect of
minimal standards and inadequate oversight at both the state and federal levels effectively permits
exhibitors to keep wild or exotic animals in deplorable conditions,yet remain in compliance with the
AWA. As set forth above, by being kept in such deplorable conditions,captive wild animals may
develop severe behavioral problems, which in turn may give rise to a substantial threat to public
safety. Prohibiting the use and exhibition of wild or exotic animals for entertainment purposes in
Huntington Beach is the most effective means of protecting local residents from this substantial
threat with any degree.of certainty. For all of the foregoing reasons, Los Angeles Lawyers for
Animals strongly urges you to adopt the proposed ordinance prohibiting the exhibition of wild or
exotic animals in Huntington Beach.
})Nicole Paquette, Esq.,Keeping Fish&Game Honest,33 ANIMAL ISSUES (Spring 2002)available ar
hrt :11 v--• •.api4animals.nrg/cloc.asp?M-1207(Lut visited Sept.15,2002). The list of illegal permit holders included:
the Hawthorne Corporation,Paul Kenis,Lamont&Anna Cox,Ringling Bros.and Barnum&Bailey Circusm,Carson
and Barnes Circus,and Sterling&Reid Bros. Circus.
ASSOC.PRESS(AP) NEWSWIRES, 17:46:00, Oct.24,2001;Nicole Paquette,supra at note 37.
NOU-01-2002 16:20 99% P.23
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• Mayor Debbie Cook
Office of the City Council
November 1, 2002
Page 11
Thank you for the opportunity to provide these comments. We hope that you will consider
our concerns and adopt the proposed ordinance accordingly.
Ve ly yours,
rly D g
Los Ang es Lawyer or A imals
OD/kc
CC: Huntington Beach City Council Members
NOV-01-2002 16:20 99% P.24
Page 1 of 1
Bazant, Denise
From: Debbie Cook[hbdac@hotmail.com]
Sent: Tuesday, November 05,2002 3:37 PM
To: dbazant@surfcity-hb.org
Subject: Fwd:wind animal drdinance=- r
From: "kelly lombardo"
To:
Subject: wild animal ordinance
Date: Tue, 5 Nov 2002 10:27:49 -0800
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Dear Mayor Cook, I am writing in regard to the ordinance prohibiting the use
of wild and exotic animals in entertainment in H.B. Please, please, please
vote to adopt this ordinance. I have personally witnessed the abuse and
neglect of animals in circuses, parades and malls all in the city of
Huntington Beach. My husband, children and myself avoid these venues
because it is so heartbreaking to see how sad these animals really are.
They are dragged around from city to city solely for the purpose to make
money. When they are no longer useful they are thrown away like trash.
Because the animals can not speak for themselves we must speak for them and
make decisions in their best interest. Please do the right thing and make
Huntington Beach an example for other cities to follow.
Sincerely,
Kelly Lombardo
Get a speedy connection with MSN Broadband. Join now! Click Here
11/5/2002 V Y1111 V` 1 v, ca l V
Page 1 of 2
Kuhnke, Elaine , II CI r K
b!T ' ��E
From: Kuhnke, Elaine HUNT116f611 BEACH, CA
Sent: Monday, November 04, 2002 8:53 AM 1001 NOV -S P 12: 5 ti-
To: 'New Surfside 604-1295'
Subject: RE: Preposal for new ordinance re: exotic animals
We have received your email. Your comments will be forwarded to the City Council for their consideration.
Thank You.
-----Original Message-----
From: New Surfside 604-1295 [mailto:circus@surfside.net]
Sent: Sunday, November 03, 2002 5:50 PM
To: ekuhnke@surfcity-hb.org
Subject: Preposal for new ordinance re: exotic animals
Dear Council members, I was just informed that Huntington Beach City Council will bring up a
proposed ordinance to ban circuses from exhibiting animals.
This is not a new issue and obviously some animal rights group has convinced one or two of the
council members that circus animals are all shocked and beaten to perform. Since this type of
ordinance gets pass only if the constituents do not get the opportunity to oppose this type of ban.
They should be the ones to decide weather they can see a circus elephant.
The opposition is in support of high standards in animal care and is against people that have exotic
animals who abuse them.
Our opposition comes from the knowledge that this is a ban not simply a code that requires people
to be responsible. It is not something the public wants or vote in favor of.
The ban on circus animals is just a small step towards banning fast food restaurants, furriers,
medical researchers and zoo's from owning animals or using thier by-products. The persons that
are posing as the voice of some nice animals are "vegans".
They are a religious cult that chant and proclaim all sorts of nonsense about humans eating
animals or using thier by-products. The ban on circus animals is simply a ploy and one small step
towards dictating what you should eat or buy.
This ban idea has little validity as few incidences ever occur from the thousands of performances
yearly. No one on the Huntington Beach City Council should consider any circus animal to be a
public safety issue. Based upon insurance statistics driving to the council chamber enough times
and someone will eventually get involved in a auto accident.
Day in and day out in your fine Surf City people get injured in automobile accidents or on surf
boards. Some occasionally die as a result of a traffic accident or injury in the home. The insurance
industry does not take big risks as they are a business that deals with states.
The same people who actually believe humans should not eat hamburgers or use animal by
products are typical hypercritics. They enjoy a better life style and longer life due to medical
research they want to stop. Placing a ban on circuses is a step backwards. There are so many
regulations and codes from all kinds of government agencies that it is hard to believe anyone
11/4/2002
Page 2 of 2
would want to work in the circus entertainment business.
Because two or more of the City Council members have been given information based upon fear
and hype I would respectfully ask all to consider my statements. Remember I fully admit that
mistakes have been made and sadly occasionally we find some stupid person who has exotic
animals in deplorable conditions.
While we respect the right to believe in any religion we are against any of their beliefs to be made
city codes. I would ask the City Council to personally inspect any circus anywhere around
Southern California. I would be pleased to make arraignments to see with their own eyes these
extremely valuable animals are well cared for. I personally have made over a hundred visits and
have been treated to viewing training sessions. I have never once found any animal forced or
made to perform.
Please use extreme caution listening to spokespersons from PeTA, HSUS, PAWS and some local
fanatical animal rights groups. They follow thier directions and have lost their right to decide
without being afraid they might be thrown out of these organizations. Because they endorse
violent acts and civil disobedience I personally urge all members to ask questions just what they
really want.
I am pleased the City Council is concerned about the welfare of all animals. I only hope your city
will not ban Mc Donald's and hot dogs. I agree it is not the best health food but people have to
decide for themselves. The city has more important issues to deal with I am positive. You can
only make a intelligent decision when you study both sides of any issue. I am sure most of the
animal rights people mean well.
Thank you for your time to read this email. Franklin Rosenberg Garden Grove, CA
11/4/2002
General Office Marketing Office
PO Box J. 100 Campus Center
Hugo, OK 74743 CIRC U S Seaside, CA 93955
Phone: 580/326-2233 Phone: 831-582-4375
Fax: 580/326-7466 BIG TOP ramILY ruri� Fax- R11-5V-49.1
Visit us at: http://www.candbcircus.com
November 1, 2002
Huntington Beach City Council R E C E I V E D o
2000 Main Street ti
Huntington Beach, CA 92648 N 0 V .0 5 2002 cm c ""
C _
Dear Mayor Cook, cn _'
Y City of Huntington Beach --
Mayor Pro Tern Boardman, City Council Office -p `
Council Member Bauer, N z
Council Member Green, u1
Council Member Dettloff, 2'
I urge you to NOT support the addition of Chapter 7.14 to the Huntington Beach Municipal Code
for the following three reasons,
• Its purpose and intent is mis-construed—protecting wild and exotic animals from
cruel and inhumane treatment is in no way accomplished by the proposed legislation.
In fact, such proposed legislation, if enacted, would serve to undermine the
livelihoods and well-being of the animals themselves, as well as their care-givers.
• Animal wrongists have sought to portray performing animals, in and of itself, as a
position one should not support. No wonder they are wrongists! Training and
performing.enhances and stimulates animals, serving to develop their intellect and
abilities. Research shows circus animals live longer and appear more zestful and
healthier than their counterparts in zoos, and of course, in the wild. We train humans
to perform, seemingly "un-natural acts" such as running the 440 hurdles, singing an
aria, and enjoy paying for the privilege of having them entertain.
• It is our.first amendment right to offer the Tradition American Circus, wholesome
family entertainment for Children of All Ages, replete with its traveling zoo. And it's
the right of all families to be able to choose to attend or not, voting with their feet and
their pocketbooks, not through your potentially restrictive anti-business ordinance.
Thank you for thoughtfully considering my input.
Sincerely,
MYRON E. ETIENNE, JR.
333 $ALINAS STREET U. LIF ±: -`5 C
POST OFFICE BOX 2510 (I t `'SALINAS• CALIFORNIA 93902-2510 1001 11�I h A 10• 0h
RECEIVED
November 1, 2002 NO V 0 5 2002
City of Huntington Beach
City Councr Office
The Honorable Mayor and City Council Members
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Gentlepersons:
I learned on the Internet that a Huntington Beach ordinance
will be considered for adoption which will basically outlaw circuses,
among other animal performances.
Everyone can remember what a joy it was to go to the circus
when he or she was a young person.. That is where I had my first look
at anything other than a dog or a cat, since I grew up in the city and
never really had an opportunity to see animals other than the pets
around the neighborhood. I remember what a thrill it was to go to a
circus and see performances involving wild animals, and it made a
wonderful impression on my child's mind.
As long as circuses treat their animals humanely, I see no
reason why they cannot continue. It would seem to me that the thrust
of any ordinance should be to prevent cruel and inhumane treatment
by trainers and caretakers, and the proposed ordinance is not the way
to do it. In a sense, it is chopping down the tree to eliminate one or
two bad apples.
I hope the City Council does not adopt this ordinance.
i
Respectfully,
is
Myron E. Etienne, Jr.
MEE:ng
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Fax M2 3R4-2M
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Telecopier Transmittal Advice
PI,F.ASF REFER TO OUR F11,F.NO.
TO: Rebecca Ross, HB City Clerk's Office DATE: November 6, 2002
FAX NO. 714-374-1557 FROM: Robyn Ranke
Reference: Our Client: "ARC" - Animal Resource Coalition
LATE COMMUNICATION AND PUBLIC COMMENTARY
HB Agenda Item H-2a. - Proposed: June 17, 2002
"Restricting the Display of Animals for Entertainment
or Amusement Purposes"
0
DOCUMENT(S)BEING TRANSMITTED: �
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o—
LATE COMMUNIf_:ATIONIAttorney Correspondence dated
November S, 20112 and ARC Public Commentary.Statement T 'y>r .
dated Septe►nber S, 2002 ^, s
C ri M
Number of pages(including this advice): 10 00 I'
Response [x ] is [J is not requested.
The original of the transmitted document(s) [x] will [] will not be forwarded by mail.
REMARKS.-
PLEASE COPY TO ALL CITY COUNCIL MEMBERS FOR THE CITY
COUNCIL MEETING THIS EVENING, NOVEMBER 6•rl►. THANK YOU.
NOTICE: This message is ONLY for the use of the individual or entity to which it Is addressed,and It may
contain information that is privileged or confidential. Do not copy or distribute this communication or
disseminate its information unless you are the addressee or his/her/its agent or employee with authority to do
so. if you have received this communication In error,please notify us immediately by telephone and return
the original to us at the above address via the U.S.Postal Service. Thank you.
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LATE COMMUNICATION
November 5, 2002 C= -
CZ) •-;
Via Facsimile 714,374-1557 and Finail i rrossla]surfcity-hh.ore C
Mayor Debbie Cook& City Council Members
City of Huntington Beach
City Mall, 2000 Main Street 0 v
Huntington Beach, CA 92648
Re: Our Client: "ARC"-Animal.Resource Coalition a0�
Subject: LATE COMN4(JN1CAT10<aqd PIJBLIC COMMENTARY
NA Agenda item - _ = Proposed.Lune 1.7, 2002
"Restricting the Display of Animals for Entertainment
or Amusement. Purposes"
Dear Mayor Cook& City Council Members.-
This correspondence is submitted as a"Late Communication" for the express purpose of
being made part of the record concerning the above-reference agenda item to be introduced at
your City Council meeting Tuesday, November 6, 2002. In addition, this Late Communication is
to inform the HB City Council of ARC's position concerning the proposed draft ordinance
currently entitled"Chapter 7.14-Performance of Wild or Erotic Anitnals for Public
Entertainment or Amusement Sections."
A.s you know, ARC has serious concerns with the passage of such local legislation. On
September 5, 2002, we submitted to all City Council Members and your City Attorney a written
"Public Commentary" which succinctly outlined ARC's concerns. In the interests of conciseness,
attached hereto please find a copy of our"Public Commentary" which we ask also be made part
of the record.
After receipt of our Public Commentary, your City Attorney Leonie Mulvihill relayed to
me it was NOT the intent of the F113 City Council to pass such an ordinance with overly broad
language which, in effect, could put ARC business members"out of business." See Public
Commentary and Attorney Correspondence dated August 28, 2002.
Z00'3 ZLLE 29K 2 Otit 'SNI N�12V ZOOZ,90'AON
Mayor Debbie Cook& City Council Members
City of Huntington Beach
November 5, 2002
Page 2
On September 5, 2002, ARC proposed to the 1-113 City Council either: l)that ARC be
granted exempt status under any proposed ordinance law; or 2)that ARC fit within the meaning
of"educational" organisation as defined within the ordinance. Neither of ARC's suggestions
have been adopted by HB within the language of the proposed ordinance as drafted'.
This afternoon, November 5'", 1 had the opportunity to discuss the draft, ordinance with
Ms. Mulvihill, I asked Ms. Mulvihill why ARC had NOT been included within list of
organisations named under the exemption provision section 7,14.050. Ms. Mulvihill told me she
was not"instructed"to add ARC as an exempt organization. She further informed me that she
does not have the discretion to draft the content of the"language" of the ordinance. In other
words, Ms. Mulvihill is merely the messenger, not the maker.
In the end, whether the absence ofARC.from the draft ordinance and its exemption
provision was inadvertent or olherwme, ARC reeluesis it be included in ilia exemption list before
the ordinance pass into law.
On aside, we do appreciate Ms. Mulvihill maintaining open lines of communication and
keeping us informed of events as they transpire. She has responded to all our inquiries promptly
and in an extremely professional manner.
ARC's concerns with the passage of the proposed ordinance, as drafted, remain as
follows:
• The HB ordinance is strikingly similar to the Encinitas ordinance. ARC
specifically addressed the language of the Encinitas ordinance and
brought it to the attention ofHS in its Public Commentary of September
5, 2002.
Again, the lanaguage of the Encinitas ordinance — its exemption
provision—discriminates against ARC business owners because it grants
exempt status to preferred animal organizations or associations to the
exclusion of others similarly situated, such as ARC,without a rational
basis or compelling state interest. See Public Commentary at pg. 3.
• The HB ordinance does not grant ARC exempt status. 7.14.050.
' For the record,despite our invitation to meet with HB City Council members to further discuss
our position and/or consult with its City Attorney in the actual drafting of such legislation prior to its
introduction,HB has not responded to either offer.
Sao•a z!!�� ��v�axot� •sr:z rias�v c�zs-a!5-ass e7��t zooz,ao•nor:
Mayor Debbie Cook& City Council Members
City of Huntington Beach
November 5, 2002
Paige 3
• The HB ordinance, its language and definitions, are sufficiently vague
and lend ambiguity to meaning of"display"for"educational purposes."
7.14.030 (A)and (B).
The HB ordinance is arbitrary in its selection of "groups of twenty(20)
or fewer persons" as provided for under the definition of the word
"Display." 7.14.030 (B).
• Whether HB has a compelling interest for the need to adopt such
legislation in light of the fact that: 1) existing ordinance laws already
exist which apply to and restrict "circus acts" and related public
amusement displays; and 2)that,as we understand it, no circuses have
applied to HB for a permit in the past five years—i.e. there is no going
concern or imminent public safety issues. See Public Commentary at 5.
• Table the ordinance until the City Council is fully informed of all
interested party perspectives prior to casting a vote.
As you know, ARC members embrace and wholly support activist concerns with the
inhumane treatment.of exotic and wild animals in captivity. ARC strongly adheres to the humane
treatment of its animals—the majority of whom found their way to ARC members in need of a
good home after being rescued by the State Department of Fish and Game from incidents of abuse
and neglect.
It is a fact the State Department of Fish and Game rely heavily on ARC members and their
unique skills and resources to assist the State Department with homes for exotic and/or wild
animals in captivity that have been impounded and rescued by the State Department in cases of
abuse and/or neglect. The ability to return the animal to the wild is extremely challenging for
several practical reasons. it is fair enough to say the ability to get the animal back to the wild is
more often than not both a physical and financial impossibility, or the animal was borne in
captivity and would not know how to survive in the wild.
In any event, we remain open to amicably resolve this matter and, once again, invite the
opportunity to meet with the HB City Council to further discuss our concerns with the proposed
ordinance as drafted. Alternatively, a simple solution is to a&1 the "Animal Resource
Coalition as a named organization under the current exemption provision, 7.14(150, as
drafted
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Mayor Debbie Cook& City Council Members
City of Huntington Beach
November 5, 2002
Page 4
Thank you taking the time to consider our Late Commentary in your meeting;of
November 6, 2002. You may anticipate hearing from us again in the very near future.
Very tru urs,
F _ e .it
c' sq.
cc: 41W President,Jackie Navarro(by email)
Mayor Debbie Cook(by email and facsimile)
The HB City Council(by email and facsimile)
Deputy City Attorney Leonie Mulvihill (by email and facsimile)
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Animal Resource Coalition Public Commentary �6-�-
Huntington Beach Proposed Ordinance-Agenda Item jMa.(June 17,2002)
Re:Ban On Display Of Wiid/Ezotic Animals For Amusement Or Entertainment
ARC-Animal Resource Coalition
ARC is a coalition of Wildlife Educators who bring their animals to a variety of public and
private forums and present wildlife educational assemblies. Their clientele include public
schools,community libraries, church day camps,YMCA,Girl Scouts,Boy Scouts,private non-
profit animal shelters,zoological gardens,local zoos,galleries,museums, public recreation and
conservation parks,corporate events,and private gatherings.
A sample of Huntington Beach clientele include:Huntington Beach Library,Huntington Beach
School District Elementary Sites,Preschools: Kindercare,Childtime,Learning Circle,Day
Camps/Private Schools: Grace Lutheran,Coastline Christian,and Headstart(state-funded
program for low income children)and several private gatherings and corporate events in
Huntington Beach.
,AM Members
ARC is a small startup organization comprised of five Board of Directors and one organization
member. ARC is in the process of applying for 501(e)(3)nonprofit status for public benefit
designation under education and animal welfare.
President'. Jackie Navarro Treasurer: Karla Majewski
Wild Wonders,Inc. Pacific Animal Productions
Vista,California Fallbrook,California
Vice President: Jennifer Wilkerson Public Relations: Nancy Kobert
All Creatures Petting zoo Kobert Animal Productions
Riverside,California Ramona,California
Secretary: Jessica Leigh ARC Member: Kari Johnson
The Wildlife Company Have Trunk Will Travel
Vista,California Perris,California
.l-
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Animal Resource Coalition Public Commentary
Huntington Beach Proposed Ordinance-Agenda Item H-2a.(June 17,2002)
Re: Ban On Display Of Wild/Exotic Animals For Amusement Or Entertainment
AMLLwr�s'ng and,nsurancq
All ARC business facilities are licensed, e 'tt inspected• and insured by:
• United States Department of Agriculture, Animal Care Division
• United States Fish and Wildlife
• State Board of Health
• California Department of Fish and Game
American Humane Regulations
• Permit Compliance Under Local City and County Ordinance Requirements
• Inspected Bi-Annually by Authorized Departmental Veterinarians
• Privately Insured w/a minimum of S1,000,000 of coverage
Exceeding the California PTA (Parent Teacher Association)Requirements
ARC D_Msiness&filiation
• The American Zoo and Aquarium Association
• Animal Behavior and Training Association
• American Humane Association
• National Animal Interest Alliance
• Species Survival Plan
ARC Member Educational ft-kerounds
• California Polytechnic University,Pamona,California
Bachelor of Sciences
Degree in Environmental&Systematic Biology w/.Minor in
Animal Behavior and Wildlife ManagemenVZoology
Jackie Navarro,President
• Moorpark College,Moorpark,California
AA Vocational Degree
Degree in Exotic Animal Training and Management w/Emphasis
On Wildlife Education
Jessica Leigh,Secretary
Karla Maj ewski,Treasurer
Nancy Kobert,Public Relations
Remaining ARC Members educational dogreos to be providad.
-2-
L00'd ZLLt"# 'SNI N'dRHV 6EZ6-8LG-8G8 DG:i2 Z00?,a0'AO. l
Animal Resource Coalition Public Commentary
Huntington Beach Proposed Ordinance-Agenda Item H-2a.(June 17,2002)
Re:Ban On Display Of Wild/Exotic Animals For Amusement Or Entertainment
ARC Goals a.-Huraimon Beach Ordinance
ARC's proposal is to either: 1)obtain"exempt"status as a named educational organization; or 2)
to fit within the meaning of"educational" organization for the purpose of displaying wild/exotic
animals in SIB.
ARC's"exempt"status will be dependant on the direction this City Council takes with regard to
the drafting of the language of the ordinance. ARC offers the City Council Members and its City
Attorney its time and resources to contribute to the drafting of the ordinance and its exemption
provisions to ensure the legal rights of ARC Members are protected.
Compatiye Ordunance aw
Experience within some neighboring jurisdictions have proven that the exempt provisions drafted
within the ordinance are discriminatory in violation of equal protection of the laws.
For example,the Encinitas ordinance contains an"Exemptions"provision which specifically
exempts the"educational activities"of the"American Zoo and Aquarium Association,"
"Association of Sanctuaries (AZA,)"the"American Sanctuary Association(ASA,)"and
"Veterinarians." Encinitas Municipal Code Section 9.22.060, See also Corona Municipal Code
Section 6.17.020, subsection (A);Pasadena Municipal Code Section 6.40.030, subsection(A)
Further,the Encinitas ordinance provides exempt status to"non-profit'groups, institutions,or
individuals. Encinitas Municipal Code Section 9.22.020, subsection (A)
On its face,the Encinitas ordinance is discriminatory in granting preferential treatment to certain
groups within a similarly situated class without a rational basis or a showing of a compelling
governmental interest.
The Encinitas ordinance discriminates against ARC business owners because it grants exempt
status to AZA and ASA to the exclusion of ARC and similarly situated groups. The
organizations are in the same"suspect"class. AZA is a private organization without non-profit
status;ASA is a private,non-profit organization;ARC is a private organization without non-
profit status. Many of the AZA/ASA members are in the same or similar business as ARC
Members. The primary distinction between AZA/ASA and ARC members is that AZA/ASA
have a large body of members who cater the wildlife and exotic animal industry at large,not just
limited to educational programs.
-3-
T_0V'd2x0?E£ •SNI NU2HV OLzo-e!9-eke 5y LT zcoz,Qo nod:
Animal Resource Coalition Public Commentary
Huntington Beach Proposed Ordinance-Agenda Item H-2a.(June 17,2002)
Re: Ban On Display Of Wild/Exotic Animals For Amusement Or Entertainment
Further,the Encinitas language exempting`veterinarians"and other"non-profit"groups,
institutions or individuals is discriminatory because its intent is arbitrary and capricious. There
is,and was,no rational basis or compelling government interest given by the Encinitas City
Council for its inclusion of"veterinarians" or"non-profit"groups within the ordinance
exemption. It makes no sense.
For purposes of carrying out the intent of this legislation,whether a group is for profit or non-
profit has no nexus to the purpose of the legislation. Non-profit status has no effect upon animal
welfare or public safety concerns. It guarantees nothing. There simply is no nexus between the
status of an organization and the intent of the City Council in passing such an ordinance.
In effect,the language of such an ordinance infringes upon the legal rights of private business
owners by dictating its business operations. Such provisions within an ordinance violate equal
protection of the law and are also considered suspect classification on the basis of"occupational
discrimination."
ARC Members ask that the HB City Council Members give serious consideration to the
Importance of ARC s concerns with the passage of such an ordinance and take into account the
legal effects of ordinance provisions that unlawfully discriminate.
It is the intent ofARC Members, through legal counsel, to find an amicable solution to such
legislation before it passes and assist the City Council Members in its evaluation of adopting
such an ordinance, drafted with proper language mutually beneficial to all interested parties.
ARC's Constitutional RI&Lts
The Equal Protection CIause of the federal and state Constitutions requires that persons under
like circumstances be given equal protection and security in the enjoyment of personal and civil
rights,the acquisition and enjoyment of property,and prevention and redress of wrongs. The
Equal Protection Clause requires that persons similarly situated receive equal treatment.
The"right-to work"is a vested fundamental right secured under both the federal and state
Constitutions. In addition,when you have similarly situated groups being treated differently,this
is known as"suspect classification." Where a statutory scheme imposes suspect classification
which infringes upon a fundamental interests,such as the right to pursue a lawful occupation, the
classification must be closely scrutinized and will be upheld only upon a showing the law is
necessary in furtherance of compelling state interest. A compelling state interest is a very
difficult burden to meet.
-4-
6CO'.. ZLL£# 20VEay0tE 'SNI N'd3HV o£Zo-BLG-BGB 99:6T ZOOZ190'A01-K
Animal Resource Coalition Public Commentary
Huntington Beach Proposed Ordinance-Agenda Item H-2a.(June 17,2002)
Re: Ban On Display Of Wild/Exotic Animals For Amusement Or Entertainment
Equal Protection, the most compelling legal argument, is but one of several legal issues that can
arise in such cases. ARC contends the ordinance,if adopted,must provide at a minimum the
necessary consritutiorial safegu-ar-ds guarariteedits rricmbers un er 1✓qua rotectton of a aws
and without provisions that discriminate between similarly situated members of the same class on.
the basis of occupation and/or group affiliation.
nclu ' n
When the City Council Members have made a decision with regard to the direction it is going to
take concerning the content of the draft ordinance, ARC,through its legal counsel,invites the
opportunity to consult with the City Attorney concerning proposed exemption provisions, the
terms defined within the ordinance such as"display" and/or"educational purposes"and/or the
ability of an organization to apply for and acquire a permit.
City Attorney Leonie Mulvihill has informed ARC's legal counsel she welcomes ARC's comments
and suggestions concerning the draft ordinance,however,will do so only at the direction of the
HB City Council. ARC's legal counsel has several suggestions to address the issue of exempt
status that can be applied to amend existing HB ordinance laws or,alternatively,in the draft of
new legislation. See HBMC Sections J.12.010 et seq., 5.44.010 et seq., and J.68.010 et seq.
ARC's proposals will be provided to the City Attorney upon the HB City Council's invitation to
work together in addressing ARC's concerns.
Finally, ARC asks the HB City Council to consider whether or not such legislation is necessary
at this time and entertain foregoing the passage of such an ordinance. It is the understanding of
ARC's legal counsel that the"need" is not a going concern in Huntington Beach,given the fact no
circuses have come to Huntington Beach for the past d to 5 years. The lobbying efforts of animal
rights groups to get such local ordinance laws passed typically originate with"circus"acts.
Existing HB ordinance laws are already in place which require a permit for"amusement and
entertainment"specific to"carnival and circus acts." HBMC Section 5.44,010, 5.44.020,
subsection(b)(1)(a). Any person shall first obtain a permit to do so from the Chief of Police.
HBMC Section 5.44.010, subsection(a). The HB permitting process is well written with several
public safety restrictions. HBMC Section 5.44.050."Amusement attractions"are also governed
under HBMC Section 5.68.010 laws which address"Specific Events." It appears that existing
laws in HB already serve the purpose and intent that underlies the current proposed legislation.
Accordingly,there would be no need to pass new law,because HB permit laws already exist
which,as applied, specifically adhere to public safety concerns for the citizens of HB.
-5-
GTG'e ZLLL# ROYdRYOEt 'SNI NtigHK 6t"Z6-8L9-Ey6 99:t"T ZOOZ,9VAON
NOV-06-02 THU 01 :31 PM MACKAY MARKETING 508 947 1311 P. 01
L
lj
CITY CLERK
CITY OF
HUNTINGTON,
i BEACH, CA
OUTDOOR AMUSEMENT )RUSINESS ASSOCIATION, INC.
1035 S. Q!wmaranlkbtd..t-Suitr--tft4SA...W- hqe�-ParX FL 32792
(800}517-62222- (568)-94rl-1311 (508)W-&,$95
Fax
Tw )444fL- ) From:
Wmw Dmw
Cl UrsoM 12 F*FJtwAew- Ct P160".C4xnnmnt, OPtc2ow"y 0 Pleatse P-scycle
t 4-
NOU-06-2002 09:47 509 947 1311 951/ P.01
NOV-06-02 THU 01 :32 PM MACKAY MARKETING 509 947 1311 P. 02
- OUTDOOR AMUSEMENT
BUSINESS ASSOCIATION, INC. bf'"gat r%So``'`�
OFFICERS
Jackie Swlka
Chairman
James E.Strates
1st Vice Chairman
Don Deggeller
2nd Vice Chairman
Ronald E.Burback
3rd Vice Chairman
Donny Huston
Trustee
Jeff Blomsness Trustee November 6,2002
Sam Johnston
Trustee Dale Merriam To:Her Honorable Mayor Debbie Cook and members of the City Council.
Treasurer
Robert W.Johnscn Re: The Performance of Wild or Exotic Animals for Public Entertainment,
President Amusement and the Display of Wild and Exotic Animals-QPP qE
DIRECTORS
Eric Bates I am writin to council to respectfully ask that you rant our members an
Jane Baxter S P �' y S
Tony Cassato extension to give them the appropriate time to forward information regarding the
Richard Chance safe, affordable, educational and family entertainment that our members
Alan Cockerham
Robert Commerford provide. I write to you as the Circus Representative for the Outdoor
Mike Featherston Amusement Business Association (OABA), an organization representing a
John Honschen vast majority of members in the circus industry in North America. The OADA is
Marc Janos
Bill Johnson celebrating its 37°i year as the largest trade association for the outdoor
Jack Keough amusement industry with over 4000 members.
Wayne Kunz
Guy Leavitt
Bill Lowery We have noted,with great concern the Ordinance Committee will be
Harry Mason Wayne MCCOry considering drafting an ordinance prohibiting—77te Performance of Wild or
.Jeanne McDonagh Exotic Animals for Public Enrertaimment,Amusement and Restricting the
David Norton Display of Wild and Exotic Animals. I would hope that before any legislation is
Charles?anar_ek P Alfie Phillips acted u on,the OABA on behalf of our numerous members that include the
Andy Schoendlenst circus,fairs,carnivals and animal exhibitors,is given a full and fair opportunity
David Smith to be heard,
Mary Brown Tolley
Dominlc Vivona,Jr.
We will be happy to make available to you industry, legal and economic experts
TRUSTEES Buddy Mertsn-1998 as this matter is debated. You will leans that the scientific evidence
Richard 'aras-1907 overwhelmingly shows that circus animals are well treated, and that modern.
Jean Clair-1996 professional circuses and animal owners make valuable contributions to overall
James Murphy-199
Dominic Vivona-1994 animal welfare particularly regarding endangered species.
Bill Dillard,Sr.-1993
Torn Atklns-1992 The Circus is proud to have always carried a `G' rating and no censure status
Red Wood-1991 and should be viewed as a positive art of our culture. The Circus provides a
Billy Burr-1990 P P
Bob Coleman.Sr.-1989 few hours of live, safe, affordable, family entertainment that allows an escape
Milt F.Kaufman-1988 from the reality of our everyday lives. The circus in America is over 200
Andy Andersen-1987
John Vivona-1986 hundred years old and dates back thousands of years worldwide.
Mike Farino-1985
James H.Drew III-1983 Animals are a most important art of that. With the guidance of the OABA,
Gerald L,Murphy- 1983 � P
'John Compi-1982 circus animal owners are engaged in a very meaningful dialogue and action
'Buster L.Brown-1981 plan,including developing professional standards for animal care and training.
'Hub Luahrs-1980
'Lloyd Hllllcgoss-1979
'Hal F.Eifort-1978
'Alfred H,Kunz-1977
P.E. Relthoffer,Jr. -1976
Bernard P.Thomas-1975
E.James Strates- 107d
Rod Link-1973
C.J.Sedlmoyr -1972 1035 S.SEMORAN BOULEVARD,SUITE 1045A,WINTER PARK,FLORIDA 32792
'Joan Portemont-1971 (407)681-9444-Fax(407)681-9445-oaboftol.com-www.oabo.org
-William T,Collins-1966-70
W.G.Wade-1965
•ooeeased PROVIDING OVER 35 YEARS OF SERVICE TO OUR MEMBERS
NOU-06-2002 09:47 509 947 1311 95% P.02
NOV-06-02 THU 01 :33 PM MACKAY MARKETING 508 947 1311 P. 03
The members of the OABA are licensed by the USDA (United States
Department of Agriculture) and are subjcci to unannounced inspections on a
regular basis. These inspections can occur at anytime, seven days a week. Prior
to an applicant being issued a license from the USDA, the USDA must be
satisfied that the applicant will comply with all standards of the Animal Welfare
Act (AWA). Our members are also regulated by The U.S. Fisb & Wildlife
Service and also inspected unannounced by this organization as well. Our
members are also regulated on State and Local levels throughout the United
States. The OABA will be happy to work with legislative and regulatory bodies
to ensure the safety of your citizens and our animals, without unfairly penalizing
small business owners, and those who truly enjoy seeing and experiencing our
animals.
I trust you will find the enclosed information useful and informative. If I can be
of any further assistance, do not hesitate to contact me at(508)947-8595.
Sincerely,
Gordon D.MacKay
OABA Circus Representative
cc. Ms. Connie Brockway,City Clerk
NOU-06-2002 09:47 508 947 1311 96% P.03
NOV-06-02 THU 01 :3.3 PM MACKAY MHRKETING
508 947 1311 P. 04
"The`C utc o uspinent.bus ess �Associ t ion
:ZJG us Unit lnformalfion
Founded in 1965, the Outdoor Amusement Business Association (OABA) is dedicated to
representing and advancing the interests of the outdoor amusement industry throughout North
America. With close to 4,000 members, the OABA is the largest trade association for the
mobile amusement industry in North America
For over 38 years the OABA has been at the forefront in establishing safety guidelines and
regulations, lobbying governments on behalf of its members, establishing; a code of ethics for
the industry and helping members speak as one voice.
The OABA's Circus Unit was established in 1998 and is designated to represent the interests of
the circus industry, animal exhibitors and various productions and shows. The Circus Unit has
a small, year round staff and Circus Committee (CC). This staff and CC are overseen by the
OABA's President and elected Board of Directors. Within the CC, there are subcommittees
such as animal issues, government relations, fundraising, and education/communication.
The OAUA publishes a monthly newsletter, SIIOtT'TIME, which is sent to all members to
inform and update them on industry nms. There is a section devoted specifically to circus
news. The OABA Website,www.OABA.ora is also a resource for information and updates.
Responsible animal care and training are important issues for the Circus Unit. Many circus
animals are on the list of endangered species, and subject to strict government regulations.
Circuses have made great strides in the perpetuation of many of these species. An important
aspect of exhibiting these magnificent animals is to create an awareness of their uncertain
future. The OABA, works with federal, state and local governments regarding regulations that
affect these animals, and consequently, in some cases, the entire species. Highlighting their
commitment to animals, in 2002, members of the Circus Unit will adopt recommended industry
guidelines for the care and training of exhibited animals.
Establishing and increasing member benefits such as nationwide soft drink discounts, health
and disability insurance, and providing industry Nvide professional assistance with media and
legal issues, has enabled the OABA to grow and forge an important bond with its membership.
Members rely on the OABA, to review pending legislation that may adversely affect the
industry, and organize the opposition. ,
This new century will bring a host of challenges and opportunities for the circus industry. By
working for common goals through the OABA., the industry will continue to prosper well into
the future!
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OutcdoorAfnusernent Business Association
Circus Member
CODE OF .ETHICS
I. TO SERVE the circus industry by conducting my business with the
highest level of integrity; by treating my performers respectfiilly and
reasonably; by caring for circus animals in a responsible and fair rnan-
ner; and by issuing no false or misleading statements to the public.
II. TO PRESENT clean,wholesome and safe shows,rides and concessions
that maintain good public relations; that seek to promote the goodwill
of the circus industry; and that contribute to public education.
III. TO WRITE fair and equitable contracts for engagements on a basis
deemed reasonable by industry standards.
IV. TO MAINTAIN fair dealings with sponsors, committees, employees
and business associates; to refrain from disseminating false or mali-
cious information about fellow circus industry members; and to accept
responsibility for cooperating iri every reasonable and proper way with
all Outdoor Amusement Business Association members.
V. TO ADHERE to, and strive to improve, current standards for animal
related activities within•the'industry as set forth by governing bodies at
the local, state and national levels, including the United States Depart-
ment of Agriculture and the Animal Welfare Act; to commit to work
with the Outdoor Amusement Business Association through proper chan-
nels to amend or update standards deemed inappropriate.
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PERFORMING AND EXHIBITED ANIMAL FACT SHEET
Animals continue to be one of the most popular and enduring aspects of a visit to
the circus. For many people, a circus or zoo is the only opportunity they will have
to see a real elephant or tiger up close and in person! Performing animals entertain
and educate — and remind us of our responsibility for their care, well-being and
future survival.
Animal Care & Training
♦ A positive, healthy environment is the only acceptable and successful method of
training performing animals. Animal training involves widely accepted principles of
behavioral science, which include repetition and rewards, designed to modify an
animal's behavior in order to facilitate husbandry, exhibition, and research.
♦ Trainers carefully select animals for exhibition and performance based on the animals'
abilities and temperament. Exhibitions showcase an animals natural athletic abilities.
• Demonstrating their commitment to animals, OABA Circus Unit members have drafted
and adopted a set of recommended industry standards for the care and training of
exhibited animals. In many cases, these guidelines exceed the federal standard.
s Performing animals often live longer than. their wild or more idle counterparts, due in
part to their more active and enriched lifestyles which include regular exercise and
interaction with humans and other animals. Regular veterinary care, grooming and
good nutrition also play an important role. (Dr. Ted Friend, Texas A&M; Royal Society
for Prevention of Cruelty to Animals study)
s The longest living elephant in North America is a retired circus elephant! (AZA Asian
Elephant Studbook)
Public Safety
• Circuses and animal performances continue to be one of the safest forms of family
entertainment today.
• In 1999 alone, over 30 million Americans attended circuses with animals without
incident. Compare that to 4.7 million injuries from dog bites (NBC Nightly News, 2-2-
01) and 9400 injuries from scooters (Consumer Product Safety Commission /USA
Today 9-5-00)
• Insurance carriers who insure the bulk of elephant exhibits and rides do not consider it
a liability or risk heavy enterprise
♦ Asian elephants have a long standing relationship with humans and, in many parts of
the world, have been used for transportation, logging and in religious ceremonies for'
thousands of years.
♦ Diseases such as tuberculosis, which can be found in elephants, does not pose a risk
to humans who attend animal exhibits. The Centers for Disease Control and the
USDA's Tuberculosis Working Group have not identified a single instance in which Tb
has been transmitted to a circus or Zoo patron. Elephants in the U.S. are required to
be routinely tested for Tb under strict USDA guidelines.
OABA—Animal Fact Sheet 5/26/2002
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Regulation
• Exhibited and performing animals are regulated at the federal, state, local and
international level.
♦ Under the federal Animal Welfare Act, the U.S. Department of Agriculture sets
guidelines and regulates the housing, transportation and care of all performing and
exhibit animals.
• Exotic and wild animal exhibitors must have a USDA license and are subject to
random, unannounced inspections throughout the year. These reports are public
record.
♦ The U.S. Fish and Wildlife Service oversees the import, export, and transport of certain
species classified as endangered under the federal Endangered Species Act and
CITES.
• Most states impose additional regulations on animals exhibited in their states and may
require permits and inspections in addition to those conducted by USDA.
• Local governments rely on animal cruelty ordinances (which are generally supported by
the OABA) to further ensure the care and well-being of animals exhibited within their
borders.
♦ International treaties govern the acquisition, importation and use of endangered and
threatened species, such as Asian elephants and tigers.
Transportation
• A recent study partially funded by the USDA concluded that circus elephants and big
cats exhibited no stress during transport.
• The same study also took into account extreme weather conditions, still concluding that
transport did not prove stressful or traumatic in any manner to the animals in the study.
(Dr. Ted Friend, Texas A&M)
♦ Transport vehicles for animals are regularly inspected by the USDA and must also
meet Department of Transportation regulations.
Conservation
♦ Circus elephants in the United States represent the most diverse gene pool outside of
Southeast Asia.
• Successful collaborative efforts between circus and zoo programs have paved the way
for an unprecedented number of live elephant births in captivity,.and recently produced
the first elephant calves, both African and Asian, as a result of artificial insemination.
• Without captive breeding efforts, endangered species such as the Asian elephant and
some species of tigers are tragically headed for extinction.
♦ Exhibited animals are seen by millions annually, and act as Ambassadors for their wild
cousins.
For more information visit our website www.oeba.orci
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Frequently Asked Questions About Performing Animals
Q. How are performing animals cared for? Wouldn't they be better off in the wild
or a zoo?
A. Circus animal owners and handlers are professionals, and know first hand the
importance of healthy, well adjusted animals — we are the true experts when it
comes to animal welfare! Our animals are members of the family, loved and cared
for just like your family pet.
Performing animals often live longer than other animals in captivity, and generally
outlive their cousins in the wild. in fact, the oldest living elephant in North America
is a retired circus elephant.
Independent studies by animal behavior specialists, such as Dr. Ted Friend of
Texas A&M University, and England's Dr. Marthe Kiley Worthington have concluded
that the care and welfare of circus animals is equal to that of animals in zoos,
stables, kennels and farms.
Q. Don't animals die prematurely when held in captivity?
A. On the contrary, circus and performing animals tend to live longer than their
counterparts in zoos and in the wild. The leading cause of death in circus animals
is old age! The oldest elephant in North America is a retired circus elephant. Many
attribute their longevity to an active lifestyle and good physical and mental condition
from interaction with humans and other animals.
Q. Is it right to keep these animals in captivity? Wouldn't they be better off in
the wild?
A. Most circus animals"were born in captivity. In fact, international law now prohibits
the taking of endangered species, including elephants, from the wild.
Unfortunately, for many of these species, the wild is not a welcoming environment.
Habitats are being destroyed and animals are vulnerable to disease, poachers and
natural predators. Captive animals play an important role as Ambassadors for their
wild cousins — teaching people about their needs and challenges and about our
responsibility to ensure their future survival.
Since the first Asian elephant was brought to this country by a circus in the 1800s,
circuses have been at the forefront of successful breeding programs to help ensure
the future survival of this highly endangered species. Without captive breeding
programs, many endangered species are tragically headed for extinction. Circuses
and animal exhibitors also fulfill an important role in educating and engaging the
public in the fight to protect the future for threatened and endangered animals.
OABA Animal FAQs 1
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Q. With all the animal shows on TV and the Internet, aren't the days of
performing animals in circuses coming to an end?
A. Animals, particularly elephants, are the number one attraction at circuses, according
to industry and patron surveys. For many people, the circus provides the first or
most memorable encounter with an elephant, tiger or other exotic animals. In spite
of the popularity of television documentaries, there is no substitute for the sight,
sounds and smells of a live animal.
The circus also plays an important role in educating people about the needs and
challenges of many endangered species and the responsibility that we all have to
ensure their future through habitat protection and responsible breeding programs.
In fact, the most successful breeding programs for captive elephants are taking
place under the sponsorship of American circuses, ensuring that these species will
survive for future generations.
Q. Why are the elephants chained?
A. Regulations require that elephants on traveling shows be contained through the use
of chains or electric fences to ensure the animals' safety. Similar to picket lines for
horses, chaining assures that elephants do not wander away from their enclosure.
The chains, or 'tethers' are place on one front leg and the alternate rear leg,
allowing the animal freedom of movement to sit, turn or lie down, while preventing
them from leaving the area. Chains are used for their strength, durability and
because they are easy to keep clean. In addition to daily performances and
rehearsals, elephants are exercised regularly and, weather and space permitting,
are often turned out into low voltage electric paddocks for play and interaction.
Q. Who ensures the c$re and well-being of performing animals?
A. Circus, zoo and performing animals are regulated by a comprehensive network of
laws and regulations at the local, state and federal levels. The United States
Department of Agriculture (USDA) oversees the care, housing, transportation and
health of zoo and circus animals under the Animal Welfare Act. USDA inspectors
make unannounced visits at least once a year, both on the road and at their home
facilities. State and local animal welfare laws also govern the care and treatment of-
animals and circuses are often visited by local inspectors and fish & wildlife agents
while on tour. In addition, the Outdoor Amusement Business Association (OABA)
recently adopted a set of recommended professional standards for the. protection
and welfare of its performing animals.
OABA Animal FAQs 2
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Most importantly, circus animals are held to an even higher scrutiny. that of the
circusgoing publicl Over 300 million Americans attended circuses with animals in
the last ten years and witnessed first hand the excellent care and treatment of these
amazing animals.
Q. Why is an "ankus"or bullhook used? Doesn't it hurt the animal?
A. An "ankus" is a tool we use to guide the elephants. Its long handle and pointed tip
are designed to be an extension of the handler's arm and fingers. It is not intended
to hurt the animal when used properly. Similar to a bridle on a horse, or leash on a
dog the ankus is a tool to guide the elephant.
Q. How are circus animals trained?
A. Like other trained animals, circus animals learn through a process of reward and
repetition. Performances are designed to display an animal's natural abilities or
movements on cue. The animal's disposition, aptitude and intelligence are taken
into account during the training process. A trainer's most important tools are trust
and a personal relationship -- or bond -- with the animal. Training requires
communication, patience, understanding, repetition and rewards.
Q. Circuses have many wild animals. Aren't they a public safety risk?
A. Circuses have an outstanding safety record. According to industry and insurance
statistics, 30 million Americans attended a circus with animals in 1999, without
incident. More than one million people participated in elephant rides, without
incident.
Our insurance carriers have endorsed our circuses and shows, stating that, with
respect to elephants, the attractions are considered neither high risk or liability-
ridden.
Q. Don't elephants carry contagious diseases like tuberculosis? Do they pose a
health risk to the population in general?
A. According to the Centers for Disease Control (CDC) and the USDA-organized
National Tuberculosis Working Group, there has never been a single recorded
incident of a disease being transferred from a circus elephant to a patron.
Captive elephants and handlers are tested annually for TB (per USDA Regs).
Elephants that test positive are quarantined and treated before being allowed to
resume contact with the public.
OABA Animal FAQs 3
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Q. How do you explain proposed legislation to ban or restrict animal
performances?
A. Support for this type of legislation comes from a small, vocal, well-funded minority
whose agenda goes well beyond the banning of circus elephants. Animal activist
groups put forth an emotional and philosophical argument, not a factual one. Many
of these groups do not believe in eating meat, wearing fur or owning pets. These
groups also don't believe animals should be exhibited under any circumstances.
Certainly such bias challenges the credibility of their argument. The abolition of
circus animals is just one item on their agenda. Congress, and many states,
counties and cities have repeatedly rejected their proposals, after reviewing the
facts.
The OABA will work with concerned legislators to draft legislation that would
penalize animal abuse or mistreatment in any circumstance. The OABA will not
support any legislation that singles out circuses or animal exhibitors.
We believe that the ultimate choice lies with the individual. Those who do not care
to attend a circus performance have that option. Meanwhile, the over 300 million
patrons who attended the circus in America in the past decade continue to
demonstrate strong public support for this rich family tradition. Circuses are proud
to provide live, safe, affordable family entertainment that is always rated 'G' and
truly is for"Children of All Ages"!
OABA Animal FAQs 4
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Research
Environmental Conditions and Body 'Temperature of Circus
Elephants Transported During Relatively High and Low
Temperature Conditions
Michael J. Toscano, MS.', Ted H. Friend Ph.D.2 and Christian H.Nevill, M.S.
Abstract
The purpose of this study was to characterize how circus elephants'body temperatures respond to transport during relatively hot
and cold conditions.The environment within the trailers and rail cars in which the elephants were transported,as well as the exterior
environment, was also studied. A total of 12 trips with 6 different circuses were surveyed during summer conditions with
maximum temperatures of 100°F.During cold conditions.a total of S trips with 4 different circuses were surveyed with exterior
temperatures reaching below freezing.Temperature,relative humidity,and radiation within and exterior to the trailers or rail cars
were recorded at five-minute intervals before,during,and after transport.Body temperature of the elephanu was also recorded at
five-minure intervals using ingested data loggers that were recovered in the feces after transport was completed.Ammonia and
carbon monoxide were also measured within the trailers and rail can.The elephants readily loaded into the transport trailers or rail
cars,and there was no evidence of hyper or hypothermia in the cicphants even during the most extreme climatic conditions.The
interior of the transport vehicles were maintained at reasonable temperatures for the age and condition of the elephants within the
vehicles despite extreme external conditions.Ammonia and carbon monoxide were always below detectable concentrations.These
data indicate that,when proper cart is taken,the transport of circus elephants does not compromise the well-being of the animals
even during relatively extreme environmental conditions.However,it is vary important that transport of elephants during extreme
weather conditions be attempted only by experienced handlers and that conditions within transport vehicles be carefully monitored.
Introduction between anitnals during transport, crowded conditions,
Research of animal transportation has focused largely duration of the tnp, lack of feed and water, exposure to
on livestock species in which transport is essential for noxious gasses,and exiren)es in temperature.
moving animals through the production and marketing However, animals may also become habituated to
phases. Research has shown that transportation can be transport and avoid discomfort or health problems.Adams
very stressful and negatively influence horses(e.g.,Friend (1994),in a review of animal transportation and welfare,
et a). 1998;Friend 2001;Stull and Rodiek 2000), swine suggested that the capacity of animals to adapt to the
(e.g., Brown et al. 1999), sheep (e.g., Knowles et al. conditions of transport is essential in minimizing nega-
1995)and cattle(e.g.Knowles et al. 1999).These effects live impacts on welfare. Grandin (1997) conducted a
may be due to a variety of factors,including loading and similar review of adaptation to travel and recommended
unloading, the mixing of unfamiliar animals,aggression acclimating animals to stressors early in life to reduce the,
Department of Animal Science, Texas A&M University, 2471 TAMU, College Station, TX 77843
'Present address: Rm. 208, Poultry Science, USDA-ARS, Purdue University, West Lafayette, IN 47905
Corresponding author: Phone (979) 845-5265: E-mail: t-friend@tamu.edu
JEMA, Volume 12, Number 3 115
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stress response during exposure as an adult. Other evi- portadon during relatively hot and cold conditions.Ex-
dence of habituation to transport in cattle has been cessive changes in body temperature could indicate stress-
observed by Eldridge and Winfield(1988)and reviewed ful conditions.The design of the trailers and rail cars,as
by Trunkfield and]Broom (1990). well as the environment within and exterior to the trailers
Animals can tolerate a range of environmental tem- and rail cars in which the elephants were transported,
peratures over which their bodies can safely maintain a were also characterized.
required body temperature. This range is dependent on
species, prior exposure, and type of housing, among
Materials and Methodsother factors whicb can either raise or lower the upper
and lower limits of this tolerance(Randall 1993). Env1- Overall Procedure
ronmental temperatures outside of this range can disrupt The researchers, with suggestions from circus man-
thermoregulation processes (Hahn 1999).and cause the agement, attempted to identify at least two occasions
animal to suffer from hypothertnia/hyperthermia be- when participating circuses or private exhibitors with
cause the animal does not possess the mechanisms to elephants were transporting animals under relatively hot
maintain an appropriate body temperature through heat and cold conditions reflective of typical seasonal condi-
loss/production.Fluctuations in body temperature can be tions. Due to the rapid and inflexible travel schedule
used to deternune acceptable temperature ranges during circuses follow,some facets of our procedure could not
transportation. Elevated body temperature can indicate be performed for .some participating circuses. During
whether or not an animal is successfully coping with each trip, instruments were placed in one or more ve-
temperature loads. Friend et al. (1998) and Stull and hicles to characterize environmental conditions (tem-
Rodiek(2000)found body temperature measurements to perature, relative humidity) of the transport environ-
be a useful indicator of health during transportation of meat. Ambient conditions(temperature,relative humid-
horses under relatively hot conditions. ity, and solar radiation) were also monitored concur-
Exposure to noxious gases is another critical concern ready. Air samples were taken when possible to deter-
during transport(Randall 1993). Concentrations of am- mine concentrations of ammonia and carbon monoxide.
monia over 25 ppm can elicit irritation, and in larger Body temperature was continuously measured during
concentrations is associated with breathing difficulties transport by using ingested temperature loggers.
(CDC 20)1). In transportation, the principle source of
ammonia is from urine that degrades to ammonia over Environmental Measures
time.In terms of carbon monoxide,concentrations of 25 To record environmental conditions of the railcar or
ppm is considered the maximum exposure safe for people, truck, environmental dataloggers (HOBO-H8, Onset
effects include headache, nausea, and dizziness (CDC Computers, Pocasset, MA) with the capacity to record
2001).The principal source of carbon monoxide during temperature and relative hunvdiry were mounted through-
transportation is from vehicular emissions. out the traasport vehicle. Additional channels for tem-
Despite the public concern over the transport of el- perature probes could be used. Probes consisted of a
ephants, no work has been published investigating the thermocouple at the end of a wire lead of varying length.
transportation environment during transport.During cer, This specific group of loggers are referred to as environ-
tain periods,some circuses may transport their elephants menral loggers throughout this report.The envimnmen-
to a new venue daily. Due to their lengthy travel sched- tal loggers were mounted to the wall of the transport
ules, some transport is also likely to occur during ex- vehicle on a piece of styrofoam (4 x 4 x 0.75 inches
creme weather conditions. wide) that insulated the logger from the wall. The
The objectives of this study were to characterize the environmental loggers were factory tested and found to
body temperature response of circus elephants to trans- be accurate within± 1.8°F.Placing several environmen-
1 1 6 JEMA,Volume 12, Number 3
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A
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Animals in Circuses and Zoos: Chiron's 'World.
by Dr. Marthe Kiley-Worthington
Dr. Kiley-lf orthington's project was commissioned by the Royal Society for the Prevention of Cruelry to
Animals and the Universities Federation for Animal Welfare, The 18-month study,published in 1990, is
recognized as the most factual and best researched study on the subject in the world.
Dr. Marthe Kiley-Worthington, one of the world's foremost animal behavior experts,
conducted an independent scientific study of circus animals throughout England in comparison
with animals in zoos and in the wild. Dr. Kiley-Worthington's investigation included 3,000
hours of scientific observation of animals and many visits to circuses and zoos.
The results of this exhaustive scientific and scholarly study concludes that circuses do not
by their nature cause suffering and stress in animals. She states: "To summarize, there is little
evidence of physical maltreatment and cruelty in the husbandry, training or perforating of circus
animals. The great majority of animals were in excellent or good condition, and there was little
evidence for frequent diseases or high mortality. Iri fact, the longevity of circus animals is
greater and the occurrence of occupational disease less than in other husbandry systems."
Arguing against Animal Apanheid, in which humans and exotic animal have no contact,
Dr. Kiley-Worthington looks toward a symbiotic animal management system in circuses, zoos
and elsewhere, so that groups of animals and people can live and work together—respecting each
others' needs by gaining from the relationships. "On balance, I do not think that the animals'
best interests are necessarily served by money and activities diverted to try and ban circuses and
zoos either locally or nationally."
http://members.dencity.conVK-WReport/
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Reprinted from
APPLIED ANIMAL
BEHAVIOUR SCIENCE
An International Scienti/ic Journal reporring on the Applicarion of Ethology to Animals used by Man
Applied Animal Behaviour Science 64(1999)213.225
The effect of penning versus picketing on
stereotypic behavior of circus elephants
Ted H. Friend ", Melissa L. Parker
Deparunent of Animal Science, Texat A&H Unicertigt College Station,TX 77843•2471 USA
Acccptod 12 April 1999
jF
ELSEVIER
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224 7:14.Friend.A1.L Porker/Applied AnimalBehauiaur Science 64(1999)213-225
elephants by having them line up. The trainers then had the elephants perform a few
basic tricks to help calm them down. When the elephants were taken out of the pen and
started back toward the picket lines, the trainers had to slow them down, or they would
have run back to the picket line. Placing electric pens in the same location where the
picket lines had been was much more successful because there was no motivation to
return to the herd and to a location with which they were familiar. As with livestock
species, it is best to introduce animals to electric fences in an area in which the animals
are familiar.
The negative correlation between time spent out of the pen and stereotypic behavior
(r- —0.71, P=0.031, N=9)should be interpreted with caution.That correlation may
be partially driven by the older elephants being the ones that were used more often for
work and giving elephant rides, and the strong correlation (r= —0.71 and r= —0.66)
for older elephants to perform less stereotypic behavior.
5. Conclusion
The amount of time the elephants spent weaving was significantly decreased an
average of 69% by keeping the elephants in pens when compared to picketing. The
incidence of all stereotypic behavior (weaving, head bobbing and trunk tossing) also
decreased an average of 5790 when the elephants were kept in pens. The total amount of
time spent performing all stereotypic behaviors (weaving, head bobbing and trunk
tossing) was negatively correlated with age when the elephants were picketed in 1996
(r a —0.71)and somewhat less correlated with age when penned in 1998 (r 0.66).
The significant decreases in stereotypic behaviors found in this study cannot reasonably
be accounted for by increasing age of the elephants, as only 2 years evolved.Therefore,
it appears that penning circus elephants instead of picketing them has a positive effect
on their well-being, in the form of fewer stereotypic behaviors exhibited. Electric pens
were more easily accepted by customers, who sometimes feel that picketing restricts the
well-being of captive elephants. The elephant trainers/grooms also preferred the pens
over picketing because of reduced stereotypic behavior, the elephants appeared calmer
when taken out of the pens for performances and work, and case in keeping the
elephants clean. The practice of picketing or chaining elephants, however, cannot be
totally abandoned because there are occasions when a more secure fonn of restraint is
needed and there are also occasions when electric pens cannot be used. Even with the
occasional use of chaining, our experience concurs with the conclusions of Kiley-
Worthington (1990) that the physical and psychologtca welfare of circus a ep an s is
not as a rule inferior to that of other animal husbandry systems in zoos, stables, kennels,
or farms.
Acknowledgements
The authors thank the owners of the Carson and Barnes Circus, Hugo, OK, and Tim
Frisco, Head of the Elephant Department, for making this study possible. The authors
NOU-06-2002 09:47 508 947 1311 95% P.17
NOV-06-02 THU 01 :4.3 PM MACKAY MARKETING 50e 947 1311 P. 1e
INSUf'AS�NCE
COMP/-IkNY
June 1-3, _00-1
Cxardon'Macitiay`
j �� Managero(Stafrlte�ulatt�ryAffzirs ••t _ .
' i (DABA CircLu Unit
1035 So. Sc:noran Blvd.
Std. 104 -A
1 W'Imer Park. F1. 32792
iDcl r Mr. Mac"ay:
t unt responding to your i-equest of lvlay 15. 2002.dirt d to Mr. David Sinit) of Allied
Spceialry Insurance. Pie-use be advi,dd that T.1i.E. lnsurallce Coln;any has been irsLlrin0
circus exposures, elephant rides and exotic animal displuvs for r.umer0LL5 ycars including
` Those wlio offer the availahility of rides. Concerning the specific issue rclutive to the
safety of these types of rides, it should be noted that we have not know this to be an
overly lugh risk of exposure,nor have we found a very high incident rate of claims of any
kind. prc:vi0LLs1y stated, it seems that the majority of claims arise from the mounting
or
diseAs
mbarking of the animal which more times than not, is due to rider error.
In suniniation, we have found these rides to be very saf:, and enjoyable for the general
public, as well as animal displays, and have not (ound then, to be a risk carryin- a hiEh
percentage of exposure.
If anythingiurther is needed relative to this matter,please do not hesitate to contact the
uli�lzri�t�Cd .
V el'y,t1W ),PU S. =
. ohn — Sutack, .Tr. l�
or T.H.E. Insurance g6nipzmy
,l �5/amr
i
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1 '1•rOO�VrJ IOIZnv
II rior,pmp �370¢
1 7.7.g67-6700
r�x 727-Z60-75ns
:l ��w,lnolnsco.com
t /
NOV-06-2002 09:47 508 947 1311 95% P.18
NOV-06-02 THU 01 :44 PM MACKAY MARKETING 509 947 1311 P. 19
rnEnTDEL S. KP:LAFF
suc;_:sanTO
ray n+H ie Pi.r:ALIH':400 h Jrj
IJIRr,,InE.: r91;
Tune 6, 2002
Mr. Gordon McKay
Outdoor Amusement Business Association, Inc.
1035 S. Semoran Boulevard, Suite 1045A
Winter Park, FL 32792
Dear .lvfr. McKay,
1 ani writing with regard to insurance liability for Elephant bides.
While our agency bias had the opportunity to insure several circuses over t1-"e
past forty-five years, I am proud to say there has been a low i:requency of
incidents with elephant rides. The low number of claims can be atnributed to
the stability of the animal and the care and attention given by the animal
owner. It is important that the animal be traated with respect and it will
reciprocate to the owner/handler.
We are glad.to answer any other questions or concerns.
Sincerely,
Mitchell H. Kaliff
President
P.O. FOX 171225 SAN ANTONIO, TEXAS 7821 7.8225 I0-d'_9-76.'.a FAX 210.820.7636
NOV-06-2002 09:47 508 947 1311 95% P.19
NOV-06-02 THU 01 :44 PM MACKAY MARKETING 509 947 1311 P. 20
01:11/00 TUF 18:07 FA7. 21J 0-10 9280 M".S WrLSERSON 001
• i
i
ff AAS&"A'IC1 RSON]NSLJRAN E
4300 Shewnuo ";-;ion Parkway,Shawn"?41=10n,Kansas 55ZO5,2326 `
1 P.O.B=24AB.Shawmzo KAILMOn,Kenna 00201.1346
9T3-e32,-4AOO•800.021•7703•FAX 913.676.9380
January 11, 2000
VlA FACSIMILE 407/654-4 59
RE: Elephant RidE Liability
Dear Ms. Heidi Herriott:
Per your request, I have reviewed the loss history files of our customers with elephant ride
exposure from 1995 to 1999. 1 can find no incidents or claims resulting directly from elephant
rides at circuses. In reviewing this with our claims department, I was advised prior to 1995 we
experienced a few incidents, but these were limited to bruised feet or knees resulting directly
from loading or unloading the elephant ride.
We do recognize that exposure does exist anytime there is interaction between animals and
people, Therefore, we insist this type of exposure be limited, be supervised by a number of
highly skilled supervisors and elephant trainers, and be condueied only under closely controlled
circumstances.
Thank you for the opportunity to share this information. If you have any questions, contact me
at (800)821-7703.
Sin rely,
Da d Garrett
pkb
ST.PETEPSBUAG.FL•"HUAOELPHIA,Ph•NOFTHRIOGE.Ca
1
NOU-06-2002 09:47 508 94? 1311 95X P.20
NOV-06-02 THU 01 :45 PM MACKAY MARKETING 508 947 1311 ___ wP. 21
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YRQK&tLi
INSU tR SrAV➢Ctii INC.
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i
August 23,2OU2
I
I
it
I
To Whom it May Concern:
Re: GeTden Circus Cory
Polley No. 5000091 L
I
Term:December 8, 1999 to August 23,2002
This lever is to advise that there liave boon no cli Ims with and art unsware of an;-Incident withroapect to
ary animal ace sir►ce the above noud cllent has btl insured with our office.
I
Yours truly,
Donne Walczyk
Registered Inaaranee Broker
i
, i
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i
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j
6715 ery'un?r15 aAw C�pep• AAI,SISSAU/�q ON L5T 2V9 •r�l.; .¢i1 564-04o" .rpLLFrCr: 1-077.6704nATL(626e)a auc 14051 MO4•d4y1
NOV-06-2002 09:47 508 947 1311 95% P•21
_NOV706-02 THU 01 :46 PM MACKAY MARKETING 508 947 1311 P- 22
. 1Pn G31"a
.i ll io�• �—=:Lj t�'Z 1� 11 f.•r1 W5Z/ r �,UUll0�1
1UU1 AL 21.33 FAX 905 319 �020 DONNELL I�S5.kNC�
3077 MAINWAY DRIVE
BURLINGTON,ONTARIO ■
LYM 1A1
(906)319.8775 1.877.338-2252 -
FAX: (905)3 t 9.7020 ;
S
Vol Ian GBrdor.'.__.__ --^_ Froml JaniCC JerrrGy9
lr�rr i'a>3om:
Phono3 fate: Augur.:22/02
Re, Circua Liability ccJ
❑Urgent n For RevleW 0 Please Comment C Please Reply 0 Plover Recycle
Please note we have insured Garden Circus Corp.far at least 20 yeere up to 5999 wkhout being
prssenlfa wltn any Ilablllty elalni with regards to arty animals causiN bodily injury to audienco
members.
It you require any fur her;nfort nation plewgo cell,
Slncnl�.�y, ,
Jonioe Jottlreye
President
NOU-06-2002 09:47 508 947 1311 95% P.22
Bazant Denise
� TV nl II')h
V `,
From: Lance C. Fuchs [LFuchs@fosterfuchs.com] HJPd T ii;G Cif 3'=-ACH. CA QF
G I T
Sent: Wednesday, November 06, 2002 11:40 AM
To: dbazant@surfcity-hb.org NOV, -o, F� 2
Subject: Proposed Wild and Exotic Animal Ordinance 2001
letter to
administrator.doc
Dear Ms. Bazant, I attach a copy of my September 5, 2002 letter to Ms.
McMullen and ask that you distribute it to your Council concerning the
proposed Ordinance prohibiting the performances of wild and exotic
animals.
It is my understanding that the Ordinance is being introduced tonight
and possibly will return to the Council for action on November 18,
2002. If it is in fact the intention of the Council to proceed with
this
Ordinance, we will forward to you further stated objections. However,
we believe that our September 5, 2002 letter addresses many of the
legal
issues.
A quick review of the proposed Ordinance makes it quite apparent and
clear that this Ordinance, given its numerous exemptions, is solely
targeted at the Circus industry and that the Ordinance, if passed,
will deny our clients equal protection under the law.
Should the Council go forward, we will advise our client to
aggressively pursue its legal remedies.
Lance C. Fuchs, Esq.
FOSTER & FUCHS, P.A.
501 South Flagler Drive
Flagler Center Suite 305
West Palm Beach, FL 33401
Tel: 561-832-5070
Fax: 561-832-9060
Email: Ifuchs@fosterfuchs.com
This email, and any attachments, is intended only for use and viewing
by the addressee(s) and may contain legally privileged and/or
confidential or proprietary information. If you are not the intended
recipient of this email, or this email has been sent to you through
inadvertence, mistake or negligence, or you have otherwise received this
email without the knowledge, authority and consent of the sender, you
are here by notified that any dissemination, forwarding, distribution or
copying of this email, and/or any attachments, is strictly prohibited.
If you believe you have received this email in error, please immediately
notify me be telephone, and permanently delete the original email, and
LA�t b �A m U.A,l eat i 0 ru
any attachments, and discard any copies or printouts of this email, and
any attachements.
z
FOSTER & FUCHS, P.A.
ATTORNEYS AT LAW
501 SOUTH FLAGLER DRIVE
FLAGLER CENTER SUITE 305
WEST PALM BEACH,FLORfDA 33401
JOHN FENN FOSTER TELEPHONE(561)832-5070 ROBERT McK.FOSTER(1922-1998)
LANCE C.FUCHS FACSIMILE(561)832-9060 ROBERT M.FOSTER(1893-1958)
E-MAIL: Ifuchs@fosteifuchs.com
September 5, 2002
VIA E-MAIL MCMULLEC@SURFCITY-HB.ORG
Ms. Cindy McMullen
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Re: Proposed ban on wild and exotic animals in Huntington Beach
Dear Ms. McMullen:
Pursuant to our conversation, it is our understanding that we should write to you
concerning the Council's proposed ban on wild and exotic animals in the city of Huntington
Beach ("Huntington"). This firm represents the Circus Unit of the Outdoor Amusement Business
Association (" OABA"). Please distribute this letter to your Council members.
As we understand it, Huntington is considering enacting a law making it unlawful for any
circus, or similar entity to display, whether it be in the form of animal acts, performances or
otherwise, wild or exotic animals for public entertainment or amusement of an audience on any
public or private property in Huntington.
Our understanding of municipal law, whether it be, Florida or California law is that any
law must have been enacted within the powers of the municipality, and it must be reasonable,
equal and impartial in its operation. Local laws must also not be inconsistent with, or repugnant
to the federal and state Constitutions. Lovell v. Griffin, 303 U.S. 444 (1938). In other words, a
municipality cannot forbid what the legislature has expressly licensed, authorized, or required.
When considering laws enacted pursuant to a municipality' s police power, such police
power may only be exercised as a result of said power having been granted to it by the legislature
through such sources as the special act establishing the charter, general laws specifying the
powers, and the grants of power in the charter. Any police power ordinance must have a rational
relation to the public health, morals, safety and general welfare and must be reasonably designed
Ms. Cindy McMullen
September 5, 2002
Page Two
to correct a condition adversely affecting the public good.
Applying the aforementioned principles of law to any proposed ban makes it abundantly
clear that the proposed ban is unreasonable, arbitrary and discriminatory, vague, overbroad,
partial and unfair and conflicts with federal law in which the display of wild and exotic animals is
extensively and exclusively regulated and permitted.
Unreasonable and Overbroad
The proposed ban would be unreasonable and overbroad. A Court will normally consider
the circumstances and conditions existing at the time the ordinance was adopted and the evil to be
corrected. Johnston v. Brewer, 105 P.2d 365 (1940). The display of animals has never been
considered by the courts to be an evil. The inhumane and cruel treatment of animals is an evil.
The circumstances and conditions existing at the time of the Huntington's proposed ban do not
suggest that Hutington has a problem with wild or exotic animals or any significant incidences of
attacks by wildlife. In fact, it would be safe to assume that the Huntington has more incidences
of attacks by dogs resulting in permanent injury and maybe even death, yet the proposed ban
does not contemplate a ban on dogs in Huntington. If the purpose is to protect the welfare of
animals and protect the public from potential injury, the proposed law should address specific
requirements for the treatment of animals. Unfortunately, Huntington is attempting to ban only
circuses and similar entities which goes far beyond what is necessary to correct unsafe
conditions. Moreover, there appears to be no compelling reason for the proposed ban's
enactment.
Discriminatory, Partial and Unfair
It is well settled that laws must be general in their nature and impartial in their operation
in order to be valid. They must not be discriminatory in favor of one person or class of persons
over others, and must operate equally on all persons, as well as for their equal benefit and
protection. The application and operation of the proposed ban is such that it will have the greatest
effect on circuses which have always utilized wild and exotic animals as part of their show. Most
other groups are rarely, if ever, dependent upon the exhibition and display of wild and exotic
animals as circuses are. The proposed ban by Huntington is clearly targeted only to circuses and
similar entities.
Conflict with Federal Law
There are a plethora of regulations and laws regarding wild and exotic animals.
However, those laws do not ban or prohibit the display or exhibition of wild or exotic animals.
But, they prescribe extensive guidelines for the transportation, care and control of such
Ms. Cindy McMullen
September 5, 2002
Page Three
animals. For example, there is the Animal Welfare Act (7 USC 2131-2156). Section 1 of the
Animal Welfare Act provides in pertinent part:
" Congress finds that animals and activities which are regulated under this Act are
either in interstate or foreign commerce or substantially affect such commerce or
the free flow thereof, and that regulation of animals and activities as provided in
this Act is necessary to prevent and eliminate burdens upon such commerce and to
effectively regulate such commerce, in order (1) to insure that animals intended
for use in research facilities or for exhibition purposes or for use as pets are
provided humane care and treatment; (2) to assure the humane treatment of
animals during transportation in commerce; and (3) to protect owners of animals
for the theft of their animals by preventing the sale or use of animals which have
been stolen."
" The Congress further finds that it is essential to regulate, as provided in this
Act, the transportation, purchase, sale, housing, care, handling, and treatment of
animals by carriers or by persons or organizations engaged in using them for
research or experimental purposes or for exhibition purposes or holding them for
sale as pets or for any such purpose or use..."
The proposed law by Huntington attempts to forbid what the federal government
allows, licenses, and authorizes. A ban of wild or exotic animals is clearly unsupported
by law and the preemption doctrine demands that the proposed law not be adopted.
In Huntington, as well as in other communities across America, what is being
proposed is the result of a group of Americans who have very strong convictions against
animals in captivity. They are well funded, well organized and persistent. But, the fact
remains that the laws of this nation do not support banning wild or exotic animals or
regulations which have the effect of unreasonably restricting a lawful business enterprise.
Constitutional Violations
Finally, the proposed ban constitutes a violation of free speech, impairs the
obligation of contract, violates the commerce clause inasmuch as it has a chilling effect on
interstate commerce, violates the equal protection clause and is vague, arbitrary and
capricious under the 5"' Amendment to the U. S. Constitution and constitutes special
legislation. However, we will not expand on these and other issues at this time but
certainly reserve the right to raise these issues should Huntington go forward.
Please understand that this letter is not intended to decide the merits of the debate
between the circuses and animal rights groups. It is merely intended to demonstrate that
no matter who is right or wrong, it is incumbent upon Huntington to embrace existing
Ms. Cindy McMullen
September 5, 2002
Page Four
law.
Therefore, we request on behalf of our client that the aforementioned proposed
ban not be enacted or approved. We would also suggest that if the Huntington is
interested in establishing a record of their opposition to animal cruelty, the Circus Unit of
the OABA will gladly submit a resolution for their review opposing the cruel and
inhumane treatment of animals, supporting the provisions of the Animal Welfare Act and
other legislation regarding the care and control of wild and exotic animals, and calling for
the enforcement of such laws, rules and regulations.
Sincerely,
Lance C. Fuchs, Esq.
CC: Client
NOU-06-2002 15:24 NOSSAMAN, GUNTHER 949 833 7878 P.01iO3
LAW OFFICES
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
C i F Y OF 18101 VON KARMAN, SUITE 1800
IWNTING TON ACH, CA IRVINE, CALIFORNIA 9261 2-0 1 77
TELEPHONE (949)833-7800
Z60Z NOV -b P 3: 2 F FACSIMILE(949)833-7878
PLEASE DELIVER IMMEDIATELY
Date: 11/6/02 Time: 3:08 PM Pages (including cover page): 3
To: Mayor Debbie Cook and City Councilmembers
Firm: City of Huntington Beach
Fax: (714) 846-8907 Main No.: (714) 536-5511
To: Mr. Ray Silver
Firm: City of Huntington Beach
Fax: (714) 536-5233 Main No: (714) 536-5575
To: Ms. Connie Brockway
Firm: City of Huntington Beach
Fax: 714374-1557 Main No: (714) 536-5404
To: Leonie Mulvihill,Esq.
Firm: City of Huntington Beach
Fax: 714-374-1590 Main No:
File No: 271002-0002
From: John P, Erskine e-mail: jerskine@nossarnan.com
ORIGINAL WILL:
BE SENT BY MAIL BE SENT BY FEDEX/OVERNIGHT COURIER
BE SENT BY MESSENGER X NOT BE SENT
IF YOU DO NOT RECEIVE THE NUMBER OF PAGES INDICATED ABOVE,
PLEASE CALL Roxanne AT 949-833-7800
ATTENTION:
This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is
privileged, confidential,and exempt from disclosure under applicable law.If you are not the intended recipient,you are hereby
notified that any use,dissemination,distribution,or copying of this communication is strictly prohibited.Ifyou have received this
communication in error,please notify us immediately by telephone, and return this original message to us at the above address
via the U.S.Postal Service. Thank you.
La\Q-
NOV-06-2002 15:24 NOSSAMAN, GUNTHER 949 833 7878 P.02iO3
LAW OFFICES
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
WALTER L. NOBBAMAN SUITE 1800 JOHN T.KNOX
I166e.foe�) 18101 VON KARMAN AVENUE WARREN 0. ELLIOTT
OF COUNSEL
WILLIAM E. GUTHNER, JR. IRVINE, CALIFORNIA 92012-0177
(1932.1999) TELEPHONE (0491 833.7800
FACSIMILE (949)833-7878
SAN FRANCISCO WASH(yyTQN D C
THIRTY-FOURTH FLOOR SUITE 570•6
50 CALIFORNIA STREET 901 13"STREET N.W.
BAN FRANCISCO. CA 04111.41T07 WASHINGTON.D.C.20005
(1151 290-mo (202)753-7272
November 6,2002
LOS AN0ELE9 SACRAMEH
THIRTY.F(RST FLOOR SUITE 1000
445 SOUTH FIGUEROA STREET 915 L STREET
LOS ANGELES. CA 00071.1692 SACRAMENTO,CA 01014.3.705
(413)012-7500 (915)442-66118
VIA FACSIMILE REFER TO FILE NUMBER
271002-0002
Mayor Debbie Cook and City Councilmembers
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Opposition to Proposed Item G-2a"Approve Introduction of Ordinance
No. 3586 Amendine the Huntington Beach Municipal Code by Adding
Chapter 7.14 Prohibiting Performances of Wild and Exotic Animals for
Public Entertainment or Amusement and Restricting the Display of Wild
and Exotic Animals;"Alternative Request for Continuance of Same
Dear Mayor Cook and City Councilmembers:
Our firm represents Feld Ringling Bros.Circus, and we are writing to express our
opposition to the proposed Ordinance No. 3586 under consideration by the City Council on
tonight's agenda. Our client is unable to attend the meeting,but wishes to express its concern
about the fairness and legal defensibility of this ordinance which,we understand, was patterned
after the City of Escondido ordinance dealing with the same subject,
We would ask that the Council not subject the City Attorney's office to the
additional time and expense of defending this unnecessary ordinance which will be challenged
by either our client or affiliated entities if passed. Alternatively,we would request a continuance
of this Item G-2a so that new Councilmembers,who will be seated in December and would be
burdened with the potential enforcement of this ordinance,be afforded the opportunity to hear
our client's objections to the ordinance and participate in the approval or disapproval of same.
Sincerely
T P.Emkine
of NOSSAMAN,GUTHNER,KNOX&ELLIOTT,LLP
JPFIM
223277 1.DOC
NOU-06-2002 15:24 NOSSAMAN, GUNTHER 949 833 7878 P.03iO3
NOSSAMAN, GLTTHNER,KNOX &ELLIOTT, LLP
Mayor Debbie Cook and City Councilmembers
November 6, 2002
Page 2
.►PFJrsc
cc: Ray Silver, City Manager
Connie Brockway, City Clerk
Leonie Mulvihill, Esq.,Deputy City Attorney
223277 1.DOC
TOTAL P.03
j Page 1 of 2
f
Kuhnke, Elaine
From: Mackaymktg@aol.com NU��(i"tiu IT U F CH. C,
Sent: Wednesday, November 06, 2002 11:06 AM ,
To: ekuhnke@surfcity-hb.org. 1001 NOV -b p �: 5
Cc: Mackaymktg@aol.com
Subject: Prohibtion on Wild and Exotic Animals
OABA
OUTDOOR AMUSEMENT BUSINESS ASSOCIATION, INC.
1035 S. Semoran Blvd., Suite 1045A, Winter Park, FL 32792
(800)517-6222 Fax: (508)947-1311 (508)947-8595
November 6, 2002
To: Her Honorable Mayor Debbie Cook and members of the City Council:
Re: The Performance of Wild or Exotic Animals for Public Entertainment, Amusement and the Display of Wild and
Exotic Animals -OPPOSE
I am writing to council to respectfully ask that you grant our members an extension to give them the appropriate
time to forward information regarding the safe, affordable, educational and family entertainment that our members
provide. I write to you as the Circus Representative for the Outdoor Amusement Business Association (OABA), an
organization representing a vast majority of members in the circus industry in North America. The OABA is
celebrating its 37th year as the largest trade association for the outdoor amusement industry with over 4000
members.
We have noted, with great concern the Ordinance Committee will be considering drafting an ordinance prohibiting
-The Performance of Wild or Exotic Animals for Public Entertainment, Amusement and Restricting the Display of
Wild and Exotic Animals. I would hope that before any legislation is acted upon, the OABA on behalf of our
numerous members that include the circus, fairs, carnivals and animal exhibitors, is given a full and fair
opportunity to be heard.
We will be happy to make available to you industry, legal and economic experts as this matter is debated. You
will learn that the scientific evidence overwhelmingly shows that circus animals are well treated, and that modern,
professional circuses and animal owners make valuable contributions to overall animal welfare, particularly
regarding endangered species.
The Circus is proud to have always carried a 'G' rating and no censure status and should be viewed as a positive
part of our culture. The Circus provides a few hours of live, safe, affordable,family entertainment that allows an
escape from the reality of our everyday lives. The circus in America is over 200 hundred years old and dates
back thousands of years worldwide.
Animals are a most important part of that. With the guidance of the OABA, circus animal owners are engaged in
litt C mft o M6 ,W
11/6/2002
` Page 2 of 2
►f ,
a very meaningful dialogue and action plan, including developing professional standards for animal care and
training.
The members of the OABA are licensed by the USDA(United States Department of Agriculture)and are subject
to unannounced inspections on a regular basis. These inspections can occur at anytime, seven days a week.
Prior to an applicant being issued a license from the USDA, the USDA must be satisfied that the applicant will
comply with all standards of the Animal Welfare Act(AWA). Our members are also regulated by The U.S. Fish &
Wildlife Service and also inspected unannounced by this organization as well. Our members are also regulated on
State and Local levels throughout the United
States. The OABA will be happy to work with legislative and regulatory bodies to ensure the safety of your citizens
and our animals,without unfairly penalizing small business owners, and those who truly enjoy seeing and
experiencing our animals.
I trust you will find the enclosed information (faxed to council office) useful and informative. If I can be of any
further assistance, do not hesitate to contact me at (508)947-8595.
Sincerely,
Gordon D. MacKay
OABA Circus Representative
cc: Ms. Connie Brockway, City Clerk
Gordon MacKay
OABA Circus Unit
Outdoor Amusement Business Assoc. (OABA)
PO Box 683
Bridgewater, MA 02324
(508)947-8595 PH
(508)947-1311 Fax
11/6/2002
` T0'd iG6 Ke6 8ZS ese T0:2T z002-90-noN
RpNAt.l I1 HLUVIIiI%It(S BLUMBERG • LORBER • NELSON LLP LAS VEGAS OFFICE
STEVEN 11.1.0RDLK 137 N. ACACIA AVENUE • SOLANA BEACH • CALIFORNIA 92075
DFI)ORAFII NELSON S;nSowlirrMm)S'norr
RORYN RANKR• voicF 959.509.0600 • FAx 959.509.0699 L&s VccAs NV 89101
WNAI.n I r;4RISTIR* www,binlaw.com vo1c11702.3A4 Ss�a
FAX 702.484 27VI
W ` cOF
�r
00" cry Telecopier Transmittal Advice
YLEASL It1:IR TO OUR FILE NO.
TO: Cindy McMullen for DATE: November 6, 2002
Mayor Debbie Cook and
City Council Members
FAX NO. 714-536-5233 FROIVI: Robyn RankeAz
CFI VF. D
Reference: Our Client: "ARC" - Animal Resource Coalition C. NpP 06?�0
C�'ofy�4(0112
?
LATE COMMUNICATION AND PUBLIC COM�1>��HB Agenda Item H-2a. -Proposed: tune 17,2002 j h
"Restricting the Display of Animals for Entertainment
or Amusement Purposes"
DOCUIVIENT(S) BEING TRANSMITTED:
LATE CO1YfWNICATION/Attorney Correspondence dated
November S, 2002 and ARC Public Commentary Statement
dated September S, 2002
Number of pages (including this advice): 10
Response [ x ] is [] is not requested.
The original of the transmitted document(s) [x) will [) will not be forwarded by mail.
REMARKS:
PLEASE COPV TO ALL CITY COUNCIL MEMBERS. THANK YOU.
NOTICE:This message is ONLY for the use of the individual or entity to which it is addressed,and it may
contain information that is privileged or confidential. Do not copy or distribute this communication or
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LATE COMMUNICATION
November 5, 2002
Via Facsimile 714-374-.1557 and F.mail n rrossraWrfcity-hh,ort
Mayor Debbie Cook& City Council Members
City of Huntington Beach
City Hall, 2000 Main Street
Huntington Beach, CA 92648
Re: Our Client: "ARC"-Animal Resource Coalition
Subject: LATE COMMUNTCATTON and PUBLIC COMIVIENTARY
HH Alenda f tem H-2a. - Proposed June 17,2002
"Restricting the Diseav of Animals for Entertainment
or Amusement Purposes"
Dear Mayor Cook & City Council Members:
This correspondence is submitted as a"Late Communication" for the express purpose of
being made part of the record concerning the above-reference agenda item to be introduced at
Your City Council meeting Tuesday,November 6, 2002. In addition, this Late Communication is
to inform the HB City Council of ARC's position concerning the proposed draft ordinance
currently entitled"Chapter 7.14-Performance of Wild or E'xolic Anirnals four Public
Dnlerlainmenl or Amusetnenl Sections."
As you know, ARC has serious concerns with the passage of such local legislation. On
September 5, 2002, we submitted to all City Council Members and your City Attorney a written
"Public Commentary" which succinctly outlined ARC's concerns. In the interests ofconciseness,
attached hereto please find a copy of our"Public Commentary' which we ask also be made part
of the record.
After receipt of our Public Commentary, your City Attorney Leonie Mulvihill relayed to
me it was NOT the intent of the HB City Council to pass such an ordinance with ovcrly broad
language which, in effect, could put ARC business members"out of business." See Public
Commentary and Attorney Correspondence dated August 28, 2002.
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20'd %L6 62z6 eLS ese iO:ZL ZOOZ-90-OON
Mayor Debbie Cook& City Council Members
City of Huntington Beach
November 5, 2002
Page 2
On September 5, 2002, ARC proposed to the HB City Council either: 1)that ARC be.
granted exempt status under any proposed ordinance law; or 2)that ARC fit within the meaning
of"educational" organization as defined within the ordinance. Neither of ARC's suggestions
have been adopted by KB within the language of the proposed ordinance as drafted'.
This afternoon, November 56', 1 had the opportunity to discuss the draft ordinance with
Ms. Mulvihill. I asked Ms. Mulvihill why ARC had NOT been included within list of
organizations named under the exemption provision section 7.14,050. Ms. Mulvihill told me she
was not "instructed" to add ARC as an exempt organization. She further informed me that she
does not have the discretion to draft the content of the"language" of the ordinance. In other
words, Ms. Mulvihill is merely the messenger, not the maker.
In the end, whether the absence ofARCfroin the draft ordinance and its exemption
provision wac inadvertent or otherwise, ARC requests it he included in the exemption list before
the ordinance passes into law.
On aside, we do appreciate Ms. Mulvihill maintaining open lines of communication and
keeping us informed of events as they transpire. She has responded to all our inquiries promptly
and in an extremely professional manner.
ARC's concerns with the passage of the proposed ordinance, as drafted, remain as
follows:
• 'fhe HB ordinance is strikingly similar to the Encinitas ordinance. ARC
specifically addressed the language of the Encinitas ordinance and
brought it to the attention of HB in its Public Commentary of September
5, 2002.
Again, the lanaguage of the Encinitas ordinance — its exemption
provision—discriminates against ARC business owners because it grants
exempt status to preferred animal organizations or associations to the
exclusion of others similarly situated, such as ARC, without it nktional
basis or compelling state interest. See Public Commentary al pg. 3.
• 'fhe HD ordinance does not grant ARC exempt status. 7.14.050.
' For the record,despite our invitation to meet with HB City Council members to further discuss
our position and/or consult with its City Attorney in the actual drafting of such legislation prior to its
introduction, HB has not responded to either offer.
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Mayor Debbie Cook & City Council Members
City of Huntington Beach
November 5, 2002
Page 3
• The AB ordinance, its language and definitions, are sufficiently vague
and lend ambiguity to meaning of"display"for"educational purposes."
7.14.030 (A) and (B).
• The ffB ordinance is arbitrary in its selection of "groups of twenty(20)
or fewer persons" as provided for under the definition of the word
"Display." 7.14.030 (B).
• Whether HB has a compelling interest for the need to adopt such
legislation in light of the fact that: 1) existing ordinance laws already
exist which apply to and restrict "circus acts" and related public
amusement displays; and 2) that,as we understand it, no circuses have
applied to HB for a permit in the past five years—i.e. there is no going
concern or imminent public safety issues. See Public Commentary at 5.
Table the ordinance until the City Council is fully informed of all
interested party perspectives prior to casting a vote.
As you know, ARC members embrace and wholly support activist concerns with the
inhumane treatment of exotic and wild animals in captivity. ARC strongly adheres to the humane
treatment of its aivmals — the majority of whom found their way to ARC members in need of a
good home after being rescued by the State Department of Fish and Game from incidents of abuse
and neglect.
It is a fact the State Department of Fish and Game rely heavily on ARC members and their
unique skills and resources to assist the State Department with homes for exotic and/or wild
animals in captivity that have been impounded and rescued by the State Department in cases of
abuse and/or neglect. The ability to return the animal to the wild is extremely challenging for
several practical reasons. it is fair enough to say the ability to get the animal back to the wild is
more often than not both a physical and financial impossibility, or the animal was borne in
captivity and would not know}tow to survive in the wild.
In any event, we remain open to amicably resolve this matter and, once again, invite the
opportunity to meet with the HB City Council to further discuss our concerns with the proposed
ordinance as drafted. Alternatively, a simple solution is to add the "Animal Resource
Coalition"as a named organization under the current exernprion provision, 7.14 050, as
drafted
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Mayor Debbie Cook & City Council Members
City of Huntiq#on Beach
November 5, 2002
Page 4
Thank you taking the time to consider our Late Commentary.in your meeting of
November 6, 2002. You may anticipate hearing from us again in the very near future.
4F '
rs,
sq.
ent,Jackie Navarro(by email)
Mayor Debbie Cook(by email and facsimile)
The HB City Council(by email and facsimile)
Deputy City Attorney Leonie Mulvihill(by email and facsimile)
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Animal Resource Coalition Public Commentary
Huntington Beach Proposed Ordinance-Agenda Item H-2a. (June 17,2002)
Re: Ban On Display Of Wild/Exotic Animals For Amusement Or Entertainment
ARC- Animal Resource Coalition
ARC is a coalition of Wildlife Educators who bring their animals to a variety of public and
private forums and present wildlife educational assemblies. Their clientele include public
schools, community libraries,church day camps, YMCA, Girl Scouts,Boy Scouts,private non-
profit animal shelters,zoological gardens, local zoos,galleries,museums,public recreation and
conservation parks,corporate events, and private gatherings.
A sample of Huntington Beach clientele include:Huntington Beach Library,Huntington Beach
School District Elementary Sites,Preschools:Kindercare,Childtime, Learning Circle,Day
Camps/Private Schools: Grace Lutheran, Coastline Christian, and Headstart(state-funded
program for low income children) and several private gatherings and corporate events in
Huntington Beach.
ARC Members
ARC is a small startup organization comprised of five Board of Directors and one organization
member. ARC is in the process of applying for 501(c)(3)nonprofit status for public benefit
designation under education and animal welfare.
President: Jackie Navarro Treasurer. Karla Majewski
Wild Wonders,Inc. Pacific Animal Productions
Vista,California Fallbrook,California
Vice President: Jennifer Wilkerson Public Relations: Nancy Kobert
All Creatures Petting Zoo Kobert Animal Productions
Riverside, California Ramona,California
Secretary: Jessica Leigh ARC Member: Kari Johnson
The Wildiifo Company Have Trunk Will Travel
Vista, California Perris,California
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Animal Resource Coalition.Public Commentary
Huntington Beach Proposed Ordinance-Agenda Item H-2a.(June 17,2002)
Re: Ban On Display Of Wild/Exotic Animals For Amusement Or Entertainment
ARC Licensing and Insurance
All ARC business facilities are licensed,permitted,insoccmd and insured by:
• United States Department of Agriculture,Animal Care Division
• United States Fish and Wildlife
• State Board of Health
• California Department of Fish and Game
• American Humane Regulations
• Permit Compliance Under Local City and County Ordinance Requirements
• Inspected Bi-Annually by Authorized Departmental Veterinarians
• Privately Insured w/a minimum of$1,000,000 of coverage
Exceeding the California PTA(Parent Teacher Association)Requirements
AR-C-ausiness Affiliations
• The American zoo and Aquarium Association
• Animal Behavior and Training Association
• American Humane Association
• National Animal Interest Alliance
• Species Survival Plan
ARC Member Educational Backgrounds
• California Polytechnic University, Pamona,California
Bachelor of Sciences
Degree in Environmental&Systematic Biology w/Minor in
Animal Behavior and Wildlife ManagemenLIZoology
Jackie Navarro, President
• Moorpark College,Moorpark, California
AA Vocational Degree
Degree in Exotic Animal'Training and Management w/Emphasis
On Wildlife Education
Jessica Leigh,Secretary
Karla Majewski,Treasurer
Nancy Kobert,Public Relations
Remaining ARC Members educational degrees to be provided
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Animal Resource Coalition Public Commentary
Huntington Beach Proposed Ordinance-Agenda Item H-2a.(Juno 11,2002)
Re:Ban On Display Of Wild/Exotic Animals For Amusement Or Entertainment
ARC Goals Re:Huntington Beach Ordinance
ARC's proposal is to either: 1)obtain"exempt"status as a named educational organization; or 2)
to fit within the meaning of"educational"organization for the purpose of displaying wild/exotic
animals in HB.
ARC's"exempt" status will be dependant on the direction this City Council takes with regard to
the drafting of the language of the ordinance. ARC offers the City Council Members and its City
Attorney its time and resources to contribute to the drafting of the ordinance and its exemption
provisions to ensure the legal rights of ARC Members are protected.
Comparative Ordinance Laws
Experience within some neighboring jurisdictions have proven that the exempt provisions drafted
within the ordinance are discriminatory in violation of equal protection of the laws.
For example,the Encinitas ordinance contains an"Exemptions"provision which specifically
exempts the"educational activities" of the"American Zoo and Aquarium Association,"
"Association of Sanctuaries(AZA)"the"American Sanctuary Association(ASA)"and
"Veterinarians." Encinitas Municipal Code Section 9.22.060; See also Corona Municipal Code
Section 617.020, subsection (A);Pasadena Municipal Code Section 6.40.030, subsection (A)
Further,the Encinitas ordinance provides exempt status to"non- 'groups, institutions,or
individuals. Encinitas Municipal Code Section 9.22.020, subsection (A)
On its face,the Encinitas ordinance is discriminatory in granting preferential treatment to certain
groups within a similarly situated class without a rational basis or a showing of a compelling
governmental interest.
The Encinitas ordinance discriminates against ARC business owners because it grants exempt
status to AZA and ASA to the exclusion of ARC and similarly situated groups. The
organizations are in the same"suspect"class. AZA is a private organization without non-profit
status;ASA is a private,non-profit organization;ARC is a private organization without non-
profit status. Many of the AZA/ASA members are in the same or similar business as ARC
Members. The primary distinction between AZA/ASA and ARC members is that AZA/ASA
have a large body of members who cater the wildlife and exotic animal industry at large,not just
limited to educational programs.
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Animal Resource Coalition Public Commentary
Huntington Beach Proposed Ordinance-Agenda Item H-2a.(June 17,2002)
Re:Ban On Display Of Wild/Exotic Animals For Amusement Or Entertainment
Equal Protection,the most compelling legal argument, is but one of several legal issues that can
arise in such cases. ARC contends the ordinance,if adopted,must provide at a minimum the
necessary constitutional safeguards guaranteed its members under Equal Protection of the Laws
and without provisions that discriminate between similarly situated members of the same class on.
the basis of occupation and/or group affiliation.
C-Quclusion
When the City Council Members have made a decision with regard to the direction it is going to
take concerning the content of the draft ordinance,ARC,through its legal counsel,invites the
opportunity to consult with the City Attorney concerning proposed exemption provisions,the
terms defined within the ordinance such as"display"and/or"educational purposes"and/or the
ability of an organization to apply for and acquire a permit.
City Attorney Leonie Mulvihill has informed ARC's legal counsel she welcomes ARC's comments
and suggestions concerning the draft ordinance,however,will do so only at the direction of the
HB City Council. ARC's legal counsel has several suggestions to address the issue of exempt
status that can be applied to amend existing HB ordinance laws or,alternatively,in the draft of
new legislation. See HBMC Sections 5.12.010 et seq., 5.44.010 or seq., and 5.68.010 et seq.
ARC's proposals will be provided to the City Attorney upon the HB City Council's invitation to
work together in addressing ARC's concerns.
Finally, ARC asks the HB City Council to consider whether or not such legislation is necessary
at this time and entertain foregoing the passage ofsuch an ordinance. It is the understanding of
ARC's legal counsel that the"need"is not a going concern in Huntington Beach,given the fact no
circuses have come to Huntington Beach for the past 4 to 5 years. The lobbying efforts of animal
rights groups to get such local ordinance laws passed typically originate with"circus"acts.
Existing HB ordinance laws are already in place which require a permit for"amusement and
entertainment"specific to "carnival and circus acts." HBMC Section 5.44.010, 5.44.020,
subsectlon(b)(1)(a). Any person shall first obtain a permit to do so from the Chief of Police.
11BMC Section 5.44.010, subsection (a). The HB permitting process is well written with several
public safety restrictions. HBMC Section 5.44.050."Amusement attractions"are also governed
under HBMC Section 5.68.010 laws which address"Specific Events." It appears that existing
laws in HB already serve the purpose and intent that underlies the current proposed legislation.
Accordingly,there would be no need to pass new law,because HB permit laws already exist
which,as applied, specifically adhere to public safety concerns for the citizens of HB.
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NOV—Wb-2002 15:4b NUbbHMHN+ UUN i ntrc
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R61A*..... —j
PLEASE DELIVERIMMEDIATELY .
Date: 11/6/02 Time: 3:08 PM Pages (including cover page): 3
To: Mayor Debbie Cook and City Councilmembers
Firm: City of Huntington Beach
Fax: (714) 846-8907 Main No.: (714) 536-5511
To: Mr.Ray Silver
Firm: City of Huntington Beach
Fax: (714) 536-5233 Main No: (714) 536-5575
To: Ms. Connie Brockway
Firm: City of Huntington Beach
Fax: 714-374-1557 Main No: (714) 536-5404
To: Leonie Mulvihill,Esq. .
Firm: City.of Huntington Beach
Fax: 714-374-1590 Main No:
File No: 271002-0002
From: John P. Erskine e-mail: jerskine@nossaman.com
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VIA FACSIMILE REFER TO FILE NUMSeR
271002-0002
Mayor Debbie Cook and City Councilmembers
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Opposition to Proposed Item G-2a"Approve Introduction of Ordinance
No. 3586 Amending the Huntington Beach Municipal Code by Adding
Chapter 7.14 Prohibiting Performances of Wild and Exotic Animals for
Public Entertainment or Amusement and Restricting the Display of Wild
and Exotic Animals;"Alternative Request for Continuance of Same
Dear Mayor Cook and City Councilmembers:
Our firm represents Feld Ringling Bros. Circus, and we are writing to express our
opposition to the proposed Ordinance No. 3586 under consideration by the City Council on
tonight's agenda. Our client is unable to attend the meeting,but wishes to express its concern
about the fairness and legal defensibility of this ordinance which, we understand,was patterned
after the City of Escondido ordinance dealing with the same subject.
We would ask that the Council not subject the City Attorney's office to the
additional time and expense of defending this unnecessary ordinance which will be challenged
by either our client or affiliated.entities if passed. Alternatively,we would request a continuance
of this Item G-2a so that new Councilmembers,who will be seated in December and would be
burdened with the potential enforcement of this ordinance,be afforded the opportunity to hear
our client's objections to the ordinance and participate in the approval or disapproval of same.
Sincerely,
1
J P.Etsldne
of NOSSAMAN,GUTHNER,KNOX&ELLIOTT,LLP
n'E41t
2232i7 t.noC
NOV-06-2062 15:35 NOSS OC 9e% P.02
NOV-06-2002 15:46 NOSSANRN, GUNTHER y4y W.3 rd(a r.rjj/V-)
NOSSAMAN, GUTHNER,KNOX&ELLIOTT, LLP
Mayor Debbie Cook and City Councilmembers
November 6, 2002
Page 2
rPFirn
cc: Ray Silver, City Manager
Connie Brockway,City Clerk
Leonie Mulvihill,Esq., Deputy City Attorney
223277_IDOC
TOTAL P.03
NOV-06-2002 15:35 NOSS OC 99X P.03
THE ELEPHANT SANCTUARY
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