HomeMy WebLinkAboutRequest for City Attorney to Draft Ordinance Restricting Dis (18) June 17, 2002 -Council/Agency Agenda - Page 18
v\� H-2a. Submitted By Council Members Pam Houchen and Grace Winchell
(City Council) Request Consideration of Whether or Not to Submit a Draft
Ordinance to the City Attorney for Legal Review Re: "Restricting_the Display of
Animals for Entertainment or Amusement Purposes" (Save Our Strays) ( )
Communication from Council Members_ Pam Houchen and Grace.Winchell transmitting
the following Statement of Issue: Ms. Karen Chepeka, President of Save Our Strays,
�— Huntington Beach (a non-profit organization dedicated to the support and promotion of
animal welfare) and Dr. Alison Stanley, Director of the Orange County Division of the
California Lobby for Animal Welfare, have presented information to us about public
safety and animal cruelty issues related to the display of animals.
The intent of their recommended ordinance (see attachment included in agenda packet) is
not only to protect animals from errant trainers and caretakers, but also to protect the public
from dangers inherent in the public display of wild and/or domestic animals. The cities of
Pasadena, Corona, and Encinitas have adopted ordinances on this issue.
If the City Council is interested in considering such an ordinance, the draft ordinance needs
legal review by the City Attorney's office prior to City Council action.
Recommended Action: Motion to:
Forward the draft ordinance "Restricting the Display of Animals for Entertainment or
Amusement Purposes" to the City Attorney for legal review and subsequent request for
Council action;
is or i e s not a p .
Approved 4-2-1 (Green, Bauer No; Dettloff absent)
6.40.100 Exemptions.
The following display of animals are exempt from this ordinance:
A. A display of wild or exotic animals for educational or therapeutic
purposes under the sponsorship of institutions accredited by the American Zoological
Association, Association of Sanctuaries, or the City Poundmaster.
B. Organized dog and cat exhibitions in city parks.
C. Horses used during Tournament of Roses Parade events."
SECTION 3. The City Clerk shall certify the adoption of this ordinance and shall
cause this ordinance to be published by number, title and summary, and the City Clerk's
certification.
Signed and approved this day of 52001.
Bill Bogaard
Mayor of the City of Pasadena
///
60958.1 8
I HEREBY CERTIFY that the foregoing ordinance was adopted by the
City Council of the City of Pasadena at its meeting of , 2001, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Published:
Jane Rodriguez, CMC
APPROVED AS TO FORM: City Clerk
Carolyn . W' liams
Assistant City Attorney
60958.1 9
ATTACHMENT 1
ANIMAL DISPLAY ORDINANCE
Event or animal display Permitted Prohibited Exempt
Rodeos X
Wild or exotic animals X
Domestic animals X
(Approved Registration
Statement required)
Snakes and lizards X
(Approved Registration
Statement required)
Animals used in filming X
(Disclosure to Filming
and Special Events Office
of animals to be used
required)
Animals in Tournament of Roses X
Parade(excluding horses) (Approved Registration
Statement required)
Horses in Tournament of X
Roses Parade
Dog and cat exhibitions in city X
parks
Educational or therapeutic animal X
displays sponsored by institute
accredited by American
Zoological Assoc.,Assoc. of
Sanctuaries, or the City
Poundmaster
60474.1
M106/14/2001 10: 18 3015653188 JANE GOODALL TNSTITU PAGE 01/
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the Jane Goodall Institute
June 13, 2001
Mayor Bill Bogaard
City of Pasadena
100 N. Garfield Avenue
Pasadena, CA 91109
Dear Mayor Bogaard:
1 am writing to you to as a supporter of the Animal Display Ordinance banning
exotic animals in circuses, scheduled to be heard by the Pasadena City Council on
Monday, June 18, 2001. 1 encourage you to pass this compassionate ordinance.
There are a number of reasons why it is inappropriate, often very cruel, to use great
apes and other exotic animals, in circuses and other forms of entertainment where
they are required to perform unnatural behaviors day after day, on command. Firstly,
although it is possible to train them using only kindness, by rewarding and praising
them when they perform well, this requires the kind of time and patience which is
usually lacking in the fast moving world of"show biz". Almost all trainers will admit
that they beat their performers during training. In many cases the abuse 'is
horrendous.
An animal trainer at the famous Ringling Brothers circus, had this to say about an
act: "I first witnessed the training of four chimps in our winter quarters in Venice,
Florida. They were on a long, multi-seated bicycle on which three of the large
chimps rode as passengers while the largest, Louie, steered and pedaled. The vehicle
was difficult for even a human to ride under those conditions, and Louie had a hard
time of it, spilling the ensemble repeatedly. And, repeatedly, he was struck with a
sturdy club. The thumps could be heard outside the arena building, and the scream
went further than that. My blood boiled, I'm ashamed to say I did nothing!"
Of course, all trainers are not so brutal. There are probably some individual apes who
actually enjoy performing - even in the wild some youngsters enjoy "showing off'.
But this will be the exception rather than the rule.
The second reason why it is inappropriate to use the great apes in circuses is because
of the terribly wrong impression it gives to the audience. Because, typically, young
chimpanzees and orangutans are used (the adults are far too large, powerful and
P.O. Box (5390 silver Spring,Maryland 20911-4890 Telcphone 301 W-008G Facsimile 30( 5h5.31S8
06/14/2001 10: 18 30156g:''l88 JANE GOODAU TNSTITU PAGE 02/
the Jane Goodall Institute
potentially dangerous) people have the impression that these apes are small, cute,
and cuddly. They can have no concept of the majesty of the full grown animal. And
it is this unrealistic picture that perpetuates the continued buying and selling of
young chimpanzees as "pets".
This brings me to the third point in my argument. Once chimpanzees have reached
puberty, when they are 6 to 8 years old, they typically become increasingly difficult
to handle and discipline. If individuals are kept on - either in a circus or in a "pet"
owner's home - then the poor creatures will almost certainly have their teeth pulled.
And they will be fitted with shock collars under their clothes. But usually the
performers, when they are no longer amenable to discipline, are discarded. And it is
becoming harder and harder to place them. Like human children, ape children learn
by watching adults and imitating their behavior. They learn in a social context. And
individuals who have had no chance to grow up in a normal group not only fail to
learn the nuances of chimp etiquette, but in- addition are likely to show many
abnormal behaviors. Zoos usually refuse to accept ex-circus chimps and ex-pets.
They tend not to fit into established groups. And so, unless they can be placed in one
of the few sanctuaries for abused, surplus chimps, they will end up in medical
research laboratories - or be quietly euthanized.
Fourthly, and finally, chimpanzees are endangered in the wild. And while it is true
that circus chimpanzees resident in North America are individuals who were bred in
captivity, this is not necessarily true in other parts of the world - where the
Convention on Trade in Endangered Species (CITES) either has not been ratified or
where it is not enforced. And so circuses from Europe may well come into the
country with chimpanzee or orangutan performers who were born in the wild. Thus
the use of apes (and other endangered species) in entertainment does represent a
drain on rapidly decreasing wild populations.
These, then,.are my arguments against the use of the great apes in entertainment,
such as the circus. Many of these arguments also apply to the use of other exotic
animals, such as lions, tigers, bears and especially elephants.
Sincerely,
Jane Goodall, PhD, CBE
FOB
CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable Mayor and City Council Members
� $R
From: Pam Houchen, City Council Member)�O/AAA\
Grace Winchell, City Council Member
Date: June 7, 2002
Subject: "H"ITEM FOR JUNE 17, 2002, COUNCIL MEETING—
Consideration of whether or not to submit a draft ordinance,
"Restricting the Display of Animals for Entertainment or `
Amusement Purposes"
CD v
STATEMENT OF ISSUE:
Ms. Karen Chepeka, President of Save Our Strays, Huntington Beach (a non-profit
organization dedicated to the support and promotion of animal welfare) and Dr. Alison
Stanley, Director of the Orange County Division of the California Lobby for Animal
Welfare, have presented information to us about public safety and animal cruelty issues
related to the display of animals.
The intent of their recommended ordinance (see attachment) is not only to protect
animals from errant trainers and caretakers, but also to protect the public from dangers
inherent in the public display of wild and/or domestic animals. Pasadena, Corona, and
Encinitas have adopted ordinances on this issue.
If the City Council is interested in considering such an ordinance, the draft ordinance
needs legal review by the City Attorney's office prior to City Council action.
RECOMMENDED ACTION:
Motion to forward the draft ordinance "Restricting the Display of Animals for
Entertainment or Amusement Purposes" to the City Attorney for legal review and
subsequent request for Council action;
Pic action if tl ie eity E)otineil feels that this efelaigamee Ret a PFieFity at th!G ti
PH/GHW-cf
Attachment
Xc: Ray Silver
Connie Brockway
Gail Hutton
Pete Grant n
,R 1
Introduced by Councilmember
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASADENA ADDING A NEW
CHAPTER 6.40 TO THE PASADENA MUNICIPAL CODE
RESTRICTING THE DISPLAY OF ANIMALS FOR
ENTERTAINMENT OR AMUSEMENT PURPOSES.
The People of the City of Pasadena ordain as follows:
SECTION 1. This ordinance, due to its length and the corresponding costs
of publication, will be published by title and summary as permitted by Section 508 of the
City Charter. The approved summary of this ordinance reads as follows:
"SUMMARY
The subject ordinance, Ordinance No. , adds a new chapter to Title 6
("Animals") of the Pasadena Municipal Code, restricting the display of both wild or
exotic animals and domesticated animals on city property. Specifically, this ordinance
prohibits the display of wild or exotic animals and rodeos; restricts the display of
domestic animals, snakes or lizards through use of a registration process; institutes a
registration and appeal process for denial of permits; and includes exemptions for
educational or therapeutic use of animals under the sponsorship of certain organizations,
authorized dog and cat exhibitions in city parks, and horses used in Tournament of Roses
Parade events. Additionally, the ordinance requires authorized film makers to disclose
the intention to use animals to the City's Filming and Special Events Office prior to
filming.
60959.1
6/25/2001
10.B. 1 .
Ordinance No. shall take effect thirty days after its publication."
SECTION 2. The Pasadena Municipal Code is amended to add a new Chapter
6.40 to read:
"Chapter 6.40
RESTRICTION ON DISPLAY OF ANIMALS ON CITY PROPERTY
Sections:
6.40.010 Short title.
6.40.020 Intent.
6.40.030 Definitions.
6.40.040 Display of wild or exotic animals/rodeos prohibited.
6.40.050 Display of domestic animals.
6.40:060 Display of snakes and lizards.
6.40.070 Use of animals during authorized filming.
6.40.080 - Appeal process.
6.40.090 Violation - Penalties.
6.40.100 . Exemptions.
6.40.010 Short title.
This chapter shall be known as the "animal display " ordinance.
6.40.020 Intent.
It is the intent of this Chapter to control hazards to the physical and mental
health of the public and to promote the protection of animals by restricting the display of
animals for public entertainment or amusement in the City of Pasadena. See chart
attachment to this ordinance.
60958.1 2
6.40.030 Definitions.
As used in this Chapter the following terms have the meanings set forth
below:
A. "Display" means to undertake any exhibition, act, circus, public show, trade
show, photographic opportunity, carnival, ride parade,petting zoo, race, performance or
similar undertaking in which animals are required to perform tricks, fight or participate in
performances for the amusement or entertainment of an audience. Display shall not
include the use or exhibition of animals for educational or therapeutic purposes by
institutions that are accredited by the American Zoological Association, by the
Association of Sanctuaries, or the City Poundmaster. "Displayed" means to be the
subject thereof.
B. "Domestic animal"means any animal that is livestock, a companion animal, or
both. "Livestock" means any species of animal commonly used for food, fiber, or draft
purposes. "Companion animal' means any species of animal commonly kept by
inhabitants as a pet or for companionship, excluding snakes, venomous reptiles or
venomous amphibians.
C. "Wild or exotic animal' means any or all of the following animals, whether
bred in the wild or in captivity, and also any or all of their hybrids with domestic species.
It is not the intent of this section to include domesticated species such as horses, cows,
sheep, or llamas among the animals listed below. The words in parentheses are intended
to act as examples only and are not to be construed as being exhaustivZ list or to
• 60959.1 3
i
i
otherwise limit the generality of each group of animals:
1. Non-human primates and prosimians (such as chimpanzdes,
monkeys);
2. Felids, except domesticated cats;
3. Canids, including wolf hybrids and except domesticated dogs;
4. Ursids (bears);
5. Elephants;
6. Marine mammals (such as seals, sea lions,dolphins, otters);
7. Crocodilians (such as alligators and crocodiles);
8. Marsupials (such as kangaroos and opossums);
9. Snakes and reptiles;
10. Ungulates (such as hippopotamus, rhinoceros, giraffes, zebra,
deer);
11. Hyenas;
12. Mustelids (such as skunks,weasels, otters and badgers);
13. Procyonids (such as raccoons and coatis);
14. Endentates (such as anteaters, sloth and armadillos);
15. Viverrids (such as mongooses, civets, and genets);
16. Camels; and
17. Cetaceans.
D. "Person" means any individual , partnership, corporation.,joint venture,
60958.1 4
association, trust, estate or any other legal entity and any officer, member, shareholder,
director, employee agent or representative of same.
E. "Rodeo' shall mean a public performance featuring bronco riding, calf
roping, steer wrestling, and bull riding.
6.40.040 Display of wild or exotic animals/rodeos prohibited.
A. It shall be unlawful for any person to display or sponsor a display of
wild or exotic animals on any public property within the City of Pasadena.
B. It shall be unlawful for any person to conduct or participate in rodeos
within the City of Pasadena on public property.
6.40.050 Display of domestic animals.
A. It shall be unlawful for any person to display domestic animals on
public property unless such display is pursuant to a required Statement of Registration
and approval by the Public Health Department. The Statement of Registration must be
filed with the Public Health Department at least 14 days prior to the date on which the
animals are scheduled for display.
B. The Statement of Registration shall include the following information:
1. Date and location of event where animal will be displayed;
2. List and description of each animal to be displayed at the event;
3. Description of what the animal will be used for during the event;
4. Type of housing,bedding and food to be provided for animals
used in the event;
60958.1 5
I
5. Special equipment required to handle the animal during the event;
6. Declaration of any animal registered with the California
Department of Fish and Game, the federal government's Fish
and Wildlife Department or any other governmental
agencies.
7. List of past complaints, citations or investigations involving
sustained allegations of cruelty to animals conducted by a
local humane society or animal control agency while animals
have been under the control of the registrant.
C. The Statement of Registration shall be stamped approved by the City
Poundmaster and returned to the registrant unless it is determined that:
1. The proposed use of the animal poses a threat to the public's
health and safety, or would qualify.as cruel or inhumane treatment of the animal in the
reasonable and objective determination of the City Poundmaster.
2. The registrant fails to file the Statement of Registration within the .
prescribed period before the event.
6.40.060 Display of snakes and lizards.
A. It shall be unlawful for any person to display snakes or lizards on public
property unless such display is pursuant to a required Statement of Registration and
approval by the Public Health Department. The Statement of Registration must be filed
with the Public Health Department at least 14 days prior to the date on which the animals
60958.1 6
are scheduled for display.
B. The Statement of Registration shall contain the same information
required in Section 6.40.050 B.
C. It shall be lawful to display snakes or lizards when such display is
related to authorized educational purposes and does not endanger public health or safety.
6.40.070 Use of animals during authorized filming.
Filming companies shall be required to disclose to the City's Filming and
Special Events Office if any animals shall be used before scheduled filming begins, and
to comply with the requirements of the American Humane Association regarding
treatment of animals during filming.
6.40.080 Appeal process.
A registrant may appeal a denial of permission to display an animal by
filing a written statement of appeal with the Environmental Health Division Manager,
explaining the basis of the appeal. Within 7 days of a denial, the Environmental Health
Division Manager shall conduct an informal office hearing with the registrant to consider
the appeal, and issue a written decision on the appeal within 2 days of the hearing date.
6.40.090 Violation -Penalties.
This chapter shall be enforced as provided in Chapter 1.26 of the Pasadena
Municipal'Code. Any person displaying or sponsoring a display of wild or exotic animals
in violation of this Chapter shall be assessed an administrative fine as provided in
subsection 1.26.060 of the Pasadena Municipal Code.
60958.1 7
June 16,2001
Mayor William Bogaard and City Council Members
100 N. Garfield Ave.
Room 237
Pasadena, CA 01109
Dear Mayor Bogaard and City Council Members:
I am w-ritiniz you to ask that you support the proposed ordinance to prohibit the use of
elephants and other exotic animals for entertainment purposes.
You may know that I worked as a civil rights activist with Dr. Martin Luther King, Jr.
seeking justice through peaceful means. I participated in the significant civil rights
demonstrations of the early sixties, including the March on Washington and the Selma-
to-Montgomery March. Under the leadership of Dr. King, I became committed to
nonviolence, and remain convinced that nonviolence means opposing harm to any living
being—human or non-human.
When I look at elephants held by circuses, I can't help but think of slavery. Animals in
circuses represent the domination and opposition all good people have fought against.
The shackles and chains used on elephants in circuses are those that held my ancestors.
No matter what circus folks tell us, there is no way to convince an elephant to "dance"
without some threat of punishment or violence. Elephant handlers use bullhooks- sharp
metal tools to poke and jab sensitive spots. Behind the scenes,trainers can use electric
stunning prods and heavy sticks to show who is master.
I agree with Alice Walker who wrote, "The animals of the world exist for their own
reasons. They were not made for humans anymore than black people were made for
whites and women for men." Animals and humans suffer alike. Violence is violence and
pain is pain. There is no excuse for the cruel domination and exploitation of this
sensitive and intelligent fellow species. For these reasons, I ask you to please support the
proposed ordinance.
Sincerely,
Dick Gregory
Civil Rights Activist