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02-05-2008 - Ban on Selling Dogs at West Covina Pet Stores That are Bred at Puppy MillsCity of West Covina Memorandum AGENDA TO: Andrew G. Pasmant, City Manager ITEM NO. H _ 2 and City Council DATE February 5, 2008 FROM: Artie A. Fields, Assistant City Manager SUBJECT: BAN ON SELLING DOGS AT WEST COVINA PET STORES THAT ARE BRED AT PUPPY MILLS RECOMMENDATION: It is recommended that the City Council introduce the following ordinance: ORDINANCE NO. 216.7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADDING PERMIT REQUIREMENTS FOR ALL PET STORES IN THE CITY IN ORDER TO ENFORCE THE FEDERAL ANIMAL WELFARE ACT AND THE CALIFORNIA PET PROTECTION ACT DISCUSSION: According to the American Society for the Prevention of Cruelty to Animals (ASPCA), a puppy mill "is a large-scale, substandard commercial breeding operation, that usually house dogs in overcrowded and often unsanitary conditions, without adequate veterinary care, food, water and socialization. The breeding stocks at puppy mills are bred as often as possible in order to increase profits." In addition, ASPCA is concerned that consumers are purchasing dogs from puppy mills that have ailments such as respiratory infections (pneumonia), as well as hereditary defects like hip dysplasia. The federal government requires that certain pet, dealers obtain licenses in order to sell or buy animals to be used as pets. In order to obtain a license, a dealer must be able to demonstrate that the dealer's facilities comply with standards set by the Secretary of Agriculture. Such standards are "minimum requirements," which require basic humane treatment in the handling, housing, feeding, watering, and care of dogs. Despite this federal regulation, many animal rights advocates complain that the current U.S. Department of Agriculture (U.S.D.A.) standards do not sufficiently regulate the conditions in which dogs are bred and sold. Many states, including California have increased the federal standards by enacting their own legislation to regulate the conditions in which dogs are bred and sold. Most recently the State ,of California has adopted the Polanco-Lockyer Pet Breeder Warranty Act and Lockyer-Polance-Farr Pet Protection Act to provide protection to consumers and under what conditions dogs are to be bred and sold. The State of California prohibits a breeder to knowingly sell a dog that is diseased, ill or has a medical condition. The law also requires that dogs be held at facilities where the dogs are kept in a sanitary conditions, adequate nutrition, potable water, sufficient space, adequate socialization and exercise, and veterinary care without delay. In addition, California law prohibits a breeder to house a dog on wire flooring or to tether a dog to a stationary object for more than three hours. The State of California also regulates the selling of dogs to protect consumers. For example, all pet retail stores are required to examine all dogs for illness or disease upon delivery to their stores, by a licensed veterinarian. The dealers are also - required to maintain and provide consumers the breeder's name, address, source of the dog, and a statement signed by the pet dealer that the dog has no known disease or illness. If the consumer receives a dog that is later determined to be ill or diseased (within 15 days from the sale of the dog), consumers have the right for a refund, provided a dog of equal value, or reimbursement for veterinarian care. 6 d California law does not specifically prohibit pet dealers from selling dogs that are raised in puppy mills, but the law prohibits the inhumane and cruel conditions commonly associated with puppy mills. In addition, State laws are'in place to protect consumers from purchasing ill or diseased dogs that serve as another incentive for retailers to purchase healthy dogs that are raised in good breeding conditions. Locally, the County of Los Angeles' Department of Animal Control, who is contracted by the City of West Covina, is the agency responsible for the enforcement of State and federal regulations. Animal Control conducts annual inspections of all breeders. and reports all findings to the U.S.D.A. Attached is a proposed ordinance to re -enforce the above mentioned State and federal laws that protect the breeding and selling of dogs, as well as, the requirement that all pet stores that sell dogs in West Covina will be required to obtain a permit in addition to their business license requirements. The permit will require the pet store to show proof of appropriate licenses from other public agencies, breeding and health records of all dogs sold by the pet store, and other. related documentation. OPTIONS: The City Council has the following options: 1. Adopt the attached ordinance re -enforcing State and' federal pet protection laws and creating a permit for pet stores that sell dogs; 2. Receive and file this- informational report; or 3 Provide alternative direction. FISCAL IMPACT: The fiscal impact cannot be determined at this time: Anticipated costs are for the administration of the new permit program, which should assist in offsetting any costs. In addition, there are only a few_ businesses -that may be required to apply for the new permits, so City staff time should not be significantly impacted by this ordinance. Prepared by: Chris Freeland Assistant to the City Manager Assistant City Manager Approved via Telephone Arnold Alvarez-Glasman City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL'OF THE CITY OF WEST COVINA ADDING PERMIT REQUIREMENTS FOR ALL PET STORES IN THE CITY IN ORDER TO ENFORCE THE FEDERAL ANIMAL WELFARE ACT AND THE CALIFORNIA PET PROTECTION ACT WHEREAS, the United States Animal Welfare Act, 7 U.S.C. Sections 2131 et seq. ("AWA") requires that wholesale breeders (sometimes known as dealers) obtain a license from the United States Department of Agriculture ("U.S.D.A" )>in order to breed dogs for commercial purposes; to obtain the license, the breeder's kennel facilities and record -keeping must comply with the requirements set forth in the AWA; WHEREAS, U.S.D.A. licensing and inspection of breeders strives to prevent the inhumane treatment of animals and provides citizens with basic information regarding cruelty or inhumane treatment at some facilities and patterns of neglect or abuse; WHEREAS, the California Lockyer-Polanco-Farr Pet Protection Act, Cal. Health and Safety Code Sections 122125 et seq. (the "Pet Protection Act") requires pet stores to maintain written records of the source of their dogs, including the breeder's name and address, whether the dealer is licensed by the United States Department of Agriculture and if so, the federal dealer identification number and the dog's individual identifying tag, tattoo, or collar number; WHEREAS, the Pet Protection Act also requires pet stores to post conspicuously on the cage of each dog offered for sale a notice indicating the state where the dog was . bred and brokered; WHEREAS, the City Council finds that many breeders evade or ignore licensing laws; in fact, some authorities estimate there may be as many breeders evading the licensing requirements of the current law as there are licensed breeders; WHEREAS, the City Council finds that, due to lack of licensing and inspections, documented problems such as lack of veterinary treatment, poor quality and unsafe housing, insufficient protection from the elements, excessive breeding, and a lack of basic sanitation persist at major breeding operations, and that it is well documented that such conditions can severely impair the physical and mental health of the dogs bred at such facilities; WHEREAS, the City Council finds that public concerns over the treatment of dogs bred in inhumane conditions persist and that the above laws have not been adequately enforced within the City; WHEREAS, the City Council finds that it must take additional steps to enforce the above laws and ensure that pet stores in the City meet the legal standards set by the AWA and the Pet Protection Act; WHEREAS, the City Council desires to exercise its authority pursuant to Government Code Section 37101 to license lawful business transacted in the City; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Covina as follows: SECTION 1. West Covina Municipal Code Chapter 14, Article VI, Section 14-132 is hereby added to read as follows: Sec.14-132. Definitions. For the purpose of this article, unless the context clearly requires a different meaning, the terms set forth in this section shall have the following meanings: (a) Pet store means every person, place or premises engaging in the business of selling dogs, at retail, and by virtue of the sales of dogs is required to possess a permit pursuant to Section 6066 of the Revenue and Taxation Code, as defined in California Health and Safety Code Section 122125. (b) . License authority means the agency charged with the administration of this article. (c) Permit means the permit to engage in the activities of a pet store as required by this article. (d) Person means any individual, partnership, corporation or association. SECTION 2. West Covina Municipal Code Chapter 14, Article VI, Section 14-133 is hereby added to read as follows: Sec: 14-133. Permit required (a) It is unlawful for any person, to engage in, conduct, or carry on or to permit to be engaged_ in, conducted, or carried on, the operation of a pet store, without a valid pet store permit issued by the license authority pursuant to this article. (b) The permit shall expire one (1) year after the date of issuance. (c) All existing pet stores must apply for a pet store permit within six (6) months of the enactment of this Ordinance. (d) The pet store permit required by this article shall be in additionto, and shall not replace or otherwise effect, other licenses required by law. SECTION 3. West Covina Municipal Code Chapter 14, Article VI, Section 14-134 is hereby added to read as follows: Sec. 14-134. Penalty for violation Any person violating any provision of this article or any provision of a permit required by this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable as provided in section 1-37(a) of this Municipal Code. SECTION 4. West Covina Municipal Code .Chapter 14, Article VI, Section 14-135 is hereby added to read as follows: Sec.14-135. Exemption. This article shall not apply to the following: (a) breeders of dogs nor to any person, firm, partnership, corporation, or other association, that breeds or rears dogs on the premises of the person, firm, partnership, corporation, or other association, that has sold, transferred, or given away fewer than fifty (50) dogs in the preceding year; (b) publicly operated pounds and humane societies. SECTION 5. West Covina Municipal Code Chapter 14, Article VI, Section 14-136 is hereby added to read as follows: Sec.14-136. Application. (a) The application for a pet store permit shall be declared to under penalty of perjury and shall be filed with the license authority on forms provided by the city for that purpose. (b) The application shall be accompanied by a nonrefundable application fee, as established by resolution of the city council. The application fee shall be used to defray the costs of investigation and shall not be paid in lieu of any other fees or taxes required under this Code. The application fee will not be refunded if a permit is not issued. (c) The application shall contain the following information and documentation: (1) A statement that the applicant has received and read a copy of this article; (2) A complete history of ownership of, and employment on the premises of, any pet store or similar business and of any business, including all permits and licenses and any revocation or suspension thereof, (3) A complete business, occupation and employment history for the three (3) years immediately prior to the date of application. (4) If the applicant is: a. An individual, the full name, mailing address, and principal business or residential address and telephone number. b. A partnership, the full name, mailing address, and principal business or residential address and telephone number of each partner. However, if there are more than ten (10) partners, only the ten (10) principal partners need be listed. C. A corporation, whether it is organized under the laws of California or is a foreign corporation, and, if a foreign corporation, the place of incorporation, the full name, mailing address, and principal business address and telephone number of the individual in charge of the local office of the corporation and of all officers, directors and trustees, of the corporation. However, if there are more than ten (10) officers, directors and trustees, only the ten (10) principals among the officers, directors and trustees of the corporation need be listed. d. An association, the mailing address and principal business address and telephone number of the association and the full name, mailing address, and principal business or residential address and telephone number of each member of the association. However, if there are more than ten (10) members of the association, only the ten (10) principal members of the association need be listed. If the association is part of a multistate association, the mailing address and business address and telephone number of its central office shall also be given. (5) The address of the applicant where the license collector can send notices required by this article. (6) A copy of all documentation recording the source of all dogs for sale at the pet store at the time the application is made and all dogs that had been for sale and/or sold by the pet store in the past twelve (12) months, as required by Health and Safety Code Section 122140(b). This documentation shall include, but is not limited to: a. the breeder and/or dealer's name and address, if known, or if not known, the source of the dog; . b. if the dog was obtained by a breeder and/or dealer licensed by the United States Department of Agriculture, the person's name, address, and federal dealer identification number; C. if the dog is from a breeder and/or dealer duly licensed by the United States Department of Agriculture, the individual identifying tag, tattoo, or collar number for that animal; d. for dogs sold, a record of any known disease, illness, or any congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or is likely to adversely affect the health of the dog in the future, along with a statement signed by a veterinarian licensed in the State of California as required by Health & Safety Code Section 122140(b)(6)(B). (d) If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the license collector in writing thereof within twenty-four (24) hours after such change. SECTION 6. West Covina Municipal Code Chapter 14, Article VI, Section 14-137 is hereby added to read as follows: Sec. 14-137. Issuance of permits. (a) The license collector shall issue the permit to the applicant within ten (10) days after the date the application is filed, unless he or she finds that: . (1) The applicant has not provided the information and documentation required by section 14-136 and has failed to provide an amended application with the missing information and/or documentation after being requested to do so; or (2) The documentation required by section 14-136 indicates that dogs bought and/or sold by the applicant pet store within the past twelve (12) months were bought from breeders and/or dealers that are not. licensed by the United States Department of Agriculture; or (3) By investigation of the license collector, based upon the documentation supplied by the applicant pursuant to section 14-136, that the dogs that had been for sale and/or sold by the applicant pet store within the past twelve (12) months were bought by breeders and/or dealers who breed and raise dogs in conditions that do not meet the standards set forth by the United States Department of Agriculture in Title 9, Chapter I, Part 3 of the Code of Federal Regulations. (b) The license collector shall have the duty to make the requests specified in subsection (a) above and shall do so by serving written notice upon the applicant within the time period for issuance of the permit. Every such request shall state the time period within which the application may be amended, and shall be served by personal service or by deposit in the United States postal service, certified mail, return receipt requested. (c) If the license collector requests an amended application pursuant to this section, he or she shall not act on the permit application for ten (10) days after the date the request is personally served or deposited in the United States mail. If the applicant fully complies with the request on or before the tenth day, the license collector shall issue the permit within ten (10) days after the amended application is filed. (d) If the permit is denied, the license collector shall have the duty to so notify the applicant and shall serve the notice within the time period specified in subsection (c) for issuance of the permit. Every such notice of denial shall be in writing, .shall state the grounds therefor, and shall be served by personal service or by deposit in the United States postal service, certified mail, return receipt requested. (e) Any applicant aggrieved by any action of the license collector to request an amended application or to deny a permit may appeal to the city manager by filing a written notice of appeal with the city clerk. Such appeal shall state with specificity the reasons therefor and shall be filed within ten (10) days after the date the notice of denial is personally served or deposited in the United States mail. The city manager or his or her. designee shall hear the appeal in accordance with the provisions of section 14-140. (f) The filing of an appeal with the city clerk shall not. stay the action of the license collector. If the applicant does not file a, timely notice of appeal, as required by subsection (e) above, the applicant shall have waived all rights to administrative. or judicial remedy. SECTION 7. West Covina Municipal Code Chapter 14, Article VI, Section 14-138 is hereby added to read as follows: Sec. 14-138. Form and duration of permit. (a) The permit, if issued, shall include the following information: (1) The name of the permit holder; (2) The dates the permit .begins and expires; and (3) A permit number. (b) The permit shall be valid for one (1) year after the date of issuance, unless sooner revoked or suspended pursuant to the provisions of this chapter. . (c) Certified copies of the permit shall be issued to the permit holder. SECTION 8. 'West Covina Municipal Code Chapter 14, Article VI, Section 14-139 is hereby added to read as follows: Sec.14-139. Nontransferability of permits. No permit issued under this article shall be transferred or assigned, and any attempt at assignment or transfer shall render the permit void. SECTION 9. West Covina Municipal Code Chapter '14, Article VI, Section 14-140 is hereby added to read as follows: Sec. 14-140. Revocation of permits. (a) Whenever it shall be shown that any permit holder has violated any of the provisions of this article, or any federal, state, or other local laws, the license collector may suspend or revoke the permit by serving written notice on the permit holder not less than two (2) business days prior to the suspension or revocation. The notice shall be served by personal service or by deposit in the United States postal service, certified mail, return receipt requested, at the address specified in the permit application or any amendment thereto. The notice shall state:with specificity the reasons for the suspension or revocation, how it can be cured or appealed and in the case of suspension that the permit will be revoked unless; within ten (10) days after the notice 'of suspension is personally served or deposited in the United States mail, the violation is either cured or appealed. It shall be the responsibility of the permit holder to provide evidence to the satisfaction of the license collector that the violation has been cured; otherwise, a permit that has.been suspended shall be deemed revoked without further notice. (b) If the violation involves the disclosure of information as set forth in section 14- 136, the license collector shall first suspend the permit, which suspension and proposed revocation shall be lifted if the permit holder amends the application. (c) Any permit holder aggrieved by any action of the license collector to suspend or revoke a permit may appeal to the city manager by filing a written notice of appeal with the city clerk. Such appeal shall state with specificity the reasons therefor and shall be filed within ten (10) days after notice of suspension or revocation is personally served or deposited in the United States mail. (d) The appeal shall be heard by the city manager or his or her designee at least five (5) business days after the appeal is filed. At the time of the hearing, the city manager or his or her designee shall hear all relevant evidence and shall determine the merits of the appeal and he or she shall render a decision thereon within three (3) business days after the hearing. Said decision shall be in writing, shall state with specificity the reasons therefor, and shall be served upon the applicant within two (2) business days thereafter by personal service or by deposit in the United States postal service, certified mail, return receipt requested. (e) The filing of an appeal with the city clerk shall not stay the action of the license collector. If the permit holder does not file a timely appeal, as required by subsection (c) above, the permit holder shall have waived all rights to administrative or judicial remedy. (f) In the case of a permit which has been revoked, neither the applicant nor the organization shall be granted a permit for a period of one (1) year from the date of revocation. SECTION 10. West Covina Municipal Code Chapter 1, Section 1-37.2 is hereby amended to read as follows: Sec.1-37.2. Authority of authorized city employees to issue citations. The code enforcement officer, assistant code enforcement officer and business license inspector shall have the authority to issue citations for misdemeanors and infractions as enumerated herein: The code enforcement officer, assistant code enforcement officer and business license inspector shall have the authority to issue citations for misdemeanors and infractions as enumerated herein: Chapter 3 Advertising: Sections 3-1(a), 3-17. Chapter 5 - Amusements: Sections 5-38, 5-82(a), (b). Chapter 6 - Animals and Fowl: Section 6-2(a)(1)--(3). Chapter 7 - Building and Building Regulations: Sections 7-136, 7-149. Chapter 12 - Garbage and Rubbish Collection. Chapter 14 - Licenses and Business Regulations: Sections 14-18, 14-102(a), (b), (c), 14-131, 14-133. Chapter 15 - Miscellaneous Provisions Relating to Public Health and Safety: Sections 15-2, 15-12(a), (b), 15-14(a)(1), (3), (4), 15-15, 15-16(a), 15-98--15-107, 15- 400--15-403. Chapter 19 - Streets, Sidewalks and Public Places: Sections 19-7, 19-8(a), 19-11(a). Chapter 22 - Traffic Regulations: Sections 22-8(a),(b), 22-63, 22-199. Chapter 24 - Vegetation: Sections 24-19, 24-25(a), (b), 24-26(a), (b). Chapter 26 - Zoning: Chapter 26 in its entirety. SECTION 11. If any part of this ordinance, or its application to any person or circumstance, is held to be invalid, the remainder of the ordinance, including the application or provision to other persons or circumstances, shall be not be affected and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. SECTION 12. The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law and it shall be effective thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this ATTEST City Clerk APPROVED AS TO FORM ity Attorney 1 day of .2008. r CITY OF WEST COVINA Mayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST COVINA I, SUE RUSH, ASSISTANT CITY CLERK of the City of West Covina do hereby certify that the foregoing Ordinance was introduced for first reading on and adopted at second reading at a regular meeting of the City Council of the City of West Covina held on the by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: City Clerk