2015-10 Title 9 regulate sale of dogs ORDINANCE 2015-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, ADOPTING AN AMENDMENT TO TITLE 9; PUBLIC SAFETY, PEACE,
AND WELFARE OF THE ENCINITAS MUNICIPAL CODE BY ADDING A NEW
SECTION 9.23 TO REGULATE THE RETAIL SALE OF DOGS AND CATS IN THE CITY
OF ENCINITAS
CASE NUMBER: 15-089 ZOA
WHEREAS, On June 24, 2015 the City Council conducted a public hearing for
the purpose of considering regulations on the retail sale of dogs and cats; and
WHEREAS, the City Council has duly considered all public testimony and the
evaluation and recommendation by staff, presented at said hearing, and
WHEREAS, the Council finds that the sale of dogs and cats from commercial
breeders contributes to the proliferation of homeless or unwanted animals that end up in
the public animal shelters and humane societies, and
WHEREAS, the need exists to regulate pet shops, retail businesses, and other
commercial establishments that sell dogs and cats; and
WHEREAS, existing federal and state laws, including the federal Animal Welfare
Act, the California Lockyer-Polanco-Farr Pet Protection Act, the California Polanco-
Lockyer Pet Breeder Warranty Act, and the California Pet Store Animal Care Act,
illustrate society's trend towards promoting the humane treatment of animals by
regulating dog and cat breeders, as well as pet shops and stores; and
WHEREAS, according to the Humane Society of the United States, hundreds of
thousands of dogs and cats in the United States have been housed and bred at
substandard breeding facilities known as "puppy mills" or "kitten factories" that mass-
produce animals for sale to the public, and many of these animals are sold at retail in
pet shops; and
WHEREAS, because of the lack of proper animal husbandry practices at these
facilities, animals born and raised at these "puppy mills" or "kitten factories" are more
likely to have genetic disorders and lack adequate socialization, while breeding animals
utilized there are subject to inhumane housing conditions and are indiscriminately
disposed of when they reach the end of their profitable breeding cycle; and
WHEREAS, prohibiting the unregulated sale of dogs and cats in pet shops, retail
businesses, or other commercial establishments may lower the sale of dogs and cats
from inhumane "puppy mills" or "kitten factories", may lower the shelter animal
euthanasia rate, and lead to a greater adoption rate of shelter animals; and
WHEREAS, while the City Council recognizes there are many reputable,
responsible dog and cat breeders who refuse to sell through pet shops and who work
carefully to screen families and ensure good, lifelong matches; and
WHEREAS, not all dogs and cats retailed in pet shops are products of inhumane
breeding conditions, it is the City Council's belief that puppy mills and kitten factories
continue to exist in part because of public demand and the sale of dogs and cats in pet
shops, retail businesses, and other commercial establishments, and
WHEREAS, the City seeks to prohibit the retail sale of dogs and cats in pet
shops, retail businesses, and commercial establishments unless the animals are
obtained from a city or county animal shelter or animal control agency, humane society,
or non-profit rescue organization; and
WHEREAS, the City Council believes that prohibiting the retail sale of dogs and
cats obtained from sources other than a city or county animal shelter or animal control
agency, humane society, or non-profit rescue organization in the City of Encinitas will
promote community awareness and encourage pet consumers to adopt dogs and cats
from a city or county animal shelter or animal control agency, humane society, or non-
profit rescue organization, thereby saving animals' lives; and
WHEREAS, the City Council finds that, in addition to state and federal laws, the
City of Encinitas has a local responsibility to promote animal welfare and encourage
best practices in the breeding and purchasing of dogs and cats The City Council
believes that a community that promotes animal welfare will be a healthier community;
and
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby
ordains as follows-
SECTION ONE:
Title 9, Public Safety, Peace, and Welfare of the City of Encinitas Municipal Code
is hereby amended to add Chapter 9.23 to read as follows:
SEE EXHIBIT "A"
SECTION TWO: ENVIRONMENTAL DETERMINATION.
The City Council, in its independent judgment, finds that the adoption of the
Municipal Code Amendment is exempt from environmental review pursuant to General Rule,
Section 15061 (b)(3) of the State CEQA Guidelines (Cal Code of Regs , Title 14, Section 15000
et seq ) because it can be seen with certainty that there is no possibility that the Ordinance may
have a significant effect on the environment.
SECTION THREE: PUBLIC NOTICE AND EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after its passage
and the City Clerk of the City of Encinitas is hereby authorized to use summary
publication procedures pursuant to Government Code 36933 utilizing the Coast News, a
newspaper of general circulation published in the City of Encinitas.
SECTION FOUR: INTRODUCTION.
This Ordinance was introduced on June 24, 2015.
PASSED AND ADOPTED this 8th day of July, 2015 by the following vote to wit:
AYES: Blakespear, Gaspar, Kranz, Muir, Shaffer
NAYS None.
ABSTAIN: None
ABSENT: None
aaZV2Dfl r
KristiN Gaspar, M
City ofi Encinitas
ATTESTATION AND CERTIFICATION-
hereby certify that this is a true and correct copy of Ordinance No. 2015-10 which has
been published pursuant to law.
A��Ao a
Kathy Ilyw od, City Clerk
EXHIBIT W
CHAPTER 9.23
Retail Sale of Dogs and Cats
(Ordinance 2015-10)
Sections:
9.23.010 PURPOSE
9.23.020 DEFINITIONS
9.23.030 PROHIBITION OF THE SALE OF DOGS AND CATS
9.23.040 EXEMPTIONS
9.23.050 ADOPTION OF SHELTER AND RESCUE ANFAALS
9.23.010 PURPOSE
A. It is the purpose and intent of the Encinitas City Council to promote animal welfare
and encourage best practices in the breeding and purchasing of dogs and cats offered for retail sale
in the City of Encinitas.
9.23.020 DEFINITIONS
For the purposes of this Chapter only, the following words and terms shall be deemed to
mean and be construed as follows:
A. "Certificate of source" shall mean any document form the source city or county
animal shelter or animal control agency,humane society,or non-profit rescue organization declaring
the source of the dog or cat on the premises of the pet shop, retail business, or other commercial
establishment.
B. "Commercial establishment''shall mean any for-profit business enterprise,including
a sole proprietorship engaged in retail or wholesale commerce related to dogs and cats, including
grooming parlors,canine day care,and boarding facilities.
C. "Non-profit rescue organization" shall mean any California non-profit corporation
that is exempt from taxation under Internal Revenue Code section 501(c)(3), whose mission and
practice is, in whole or in significant part, the rescue and placement of dogs and cats; or any non-
profit organization that is not exempt from taxation under Internal Revenue Code section 501(c)(3),
but is currently an active rescue partner with City of Encinitas or County of San Diego shelter or
humane society,whose mission is,in whole or in significant part,the rescue and placement of dogs
and cats.
9.23.030 PROHIBITION OF THE SALE OF DOGS AND CATS
A. It is unlawful for any person to display,offer for sale, deliver,barter, auction,give
away, transfer, or sell any live dog or cat in any pet shop, retail business, or other commercial
establishment located in the City of Encinitas, unless the dog or cat was obtained from a city or
county animal shelter or animal control agency, a humane society, or a non-profit rescue
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EXHIBIT W
organization. All pet shops, retail businesses, or other commercial establishments selling dogs or
cats shall maintain a certificate of source for each of the animals and make it available upon
request to animal control officers, law enforcement, code enforcement officials,or any other City
employee charged with enforcing the provisions of this section.
9.23.040 EXEMPTIONS
Chapter 9.23 shall not apply to the following:
A. The display, offer for sale, delivery, bartering, auction, giving away, transfer, or
sale of dogs and cats from the premises on which they were born and reared.
B. An animal control enforcement agency or animal shelter.
C. A private,charitable,nonprofit humane society or animal rescue organization.
D. A publicly operated animal shelter, nonprofit animal humane society, or nonprofit
animal rescue organization that operates out of or in connection with a pet store.
9.23.050 ADOPTION OF SHELTER AND RESCUE ANIMALS
A. Nothing in this section shall prevent the owner, operator, or employees of a pet
shop, retail business, or other commercial establishment located in the City of Encinitas from
providing space and appropriate care for animals owned by a city or county animal shelter or
animal control agency, humane society, or non-profit rescue organization and maintaining those
animals at the pet shop, retail business, or other commercial establishment for the purpose of
public adoption.
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718/2015 Item #8E F 8 i