Disclaimer Found Animals Foundation

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1 Disclaimer Found Animals Foundation, Inc. is a 501(c)(3) private operating foundation which has been actively engaged in animal welfare programs in Southern California since While Found Animals can influence animal welfare policy in many ways, the Internal Revenue Service strictly prohibits private operating foundations from engaging in any efforts to influence pending legislation, or issue any call to action for citizens to influence pending legislation. Found Animals goal in preparing this presentation is to begin a conversation among key stakeholders in animal welfare about policy in a broad sense, and nothing in this presentation should be construed to be an effort on Found Animals part to influence legislation. While Found Animals has made every effort to make this summary as comprehensive as possible, only information which can be verified and substantiated has been included. Found Animals welcomes any questions, comments, information or data on any of the topics listed in this presentation. Please contact Sunmin Lee at s.lee@foundanimals.org or (310) with your feedback. 1

2 Pet Sales Overview The Puppy Mill Connection The ASPCA estimates that 99% of puppies & kittens sold in pet stores come from puppy mill/kitten factories. Estimates indicate that millions of puppies and kittens are produced at puppy mill/kitten factories annually. -HSUS estimates that 3-4 million dogs and cats are euthanized in shelters every year. Recent legislation has focused on addressing the issue both from the supply side (by targeting puppy mill/kitten factories) as well as by addressing demand (banning the commercial sales of pets). State and Federal Legislation There are a number of state and federal laws that regulate dog and cat breeding and pet sales, including: the Lockyer-Polanco-Farr Pet Protection Act (CAL. HEALTH AND SAFETY CODE et seq.); the Pet Store Animal Care Act (CAL. HEALTH AND SAFETY CODE et seq.); and the Animal Welfare Act ( AWA ) (7 U.S.C et seq.). In 2010, a Maryland legislative committee considered a bill that would have banned pet stores from selling dogs less than 9 months of age. The bill failed to pass the Finance Committee and is dead for this session. Current Trends In the past few years, cities have begun banning the retail sales of dogs and cats as a way to decrease demand for puppy mill/kitten factory pets. Another focus has been on prohibiting the public sale of pets on highways, sidewalks, swap meets, or other outdoor events as another method of decreasing demand for puppy mill/kitten factory pets. 2

3 Current Trends: Dog & Cat Sales Bans Bans on sales of companion animals are relatively new or have not yet gone into effect, so the laws effectiveness is difficult to measure. Albuquerque (passed in 2006) reports substantial improvements in adoption and euthanasia rates There does not appear to be a one-size-fits-all best approach. South Lake Tahoe and Albuquerque banned ALL for-profit sales of dogs and cats, which would include allowing pet stores to partner with nonprofits or animal control agencies to perform retail adoptions West Hollywood, Hermosa Beach, Aliso Viejo, Dana Point, Glendale, Huntington Beach, Irvine, and Laguna Beach also explicitly state that pet stores can provide space, care for and maintain animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency for the purpose of adoption (allows for retail adoption facilities). Two local jurisdictions, West Hollywood and Hermosa Beach, have used a majority of the South Lake Tahoe ordinance to draft their own, but provide an exemption for sale of animals that were bred and reared on the premises of the person or establishment. 3

4 Current Trends: Dog & Cat Sales Bans The City of Dana Point provides exemptions for licensed commercial breeders that are registered and whose program and practices are consistent with the humane treatment of animals as well as individual owners who occasionally breed but do not sell those animals to a commercial outlet or for purposes of research, testing or laboratory experimentation The City of Huntington Beach allows commercial establishments that offer dogs and/or cats obtained from a shelter, or humane society or rescue organization to also accept and sell cats surrendered by owners. Many jurisdictions have no retail establishments currently selling cats or dogs, but enacted the ordinance as a preemptory measure. In some cases, like South Lake Tahoe, the sale of dogs and cats was thought to be bad for the city s image: The city council finds that the retail sale of dogs and cats in pet stores in the city of South Lake Tahoe is inconsistent with the city s goal to be a community that cares about animal welfare. The limited data available shows that a full ban greatly decreases euthanasia rates, but exceptions for local breeders may be more popular and politically feasible. 4

5 Current Trends: Other Pet Sales Bans RABBITS AND OTHER ANIMALS There are very few jurisdictions that have formally adopted bans on rabbits and other pets. San Francisco s ban on the sales of rabbits and chicks has been in place since The fine for violation of the ordinance is a penalty, ranging from $5 to $50 per offense. San Francisco has delayed consideration of a bill that would ban sales of dogs, cats, hamsters, mice, rats, chinchillas, guinea pigs, birds, snakes, lizards and nearly every other companion animal (fish excluded) Richmond, British Columba recently passed an ordinance banning the sales of rabbits. Ban was adopted in April 2010, and therefore its impact has yet to be determined. Statistics indicate that San Francisco s current ban may not be working According to San Francisco Animal Care and Control, 30% of small animals (including rabbits) are euthanized at the city s shelter. In comparison, only 13% of dogs and cats are euthanized 5

6 Current Trend: Ban on Public Sales of Pets In addition to banning retail pet sales at pet stores, states have begun targeting the sale of animals in public places as another way of targeting puppy mills Animals sold in public places, such as swap meets or flea markets, are usually from breeders who provide little or no care, and often turn out to be unhealthy, have serious, contagious diseases or congenital abnormalities. A number of states have already implemented a ban on the sale of pets in public places. Pennsylvania Law states that It shall be unlawful for any person to buy, sell, offer to sell, transfer, barter, trade, raffle, auction or rent a dog at any public place in this commonwealth". Texas Cities such as Fort Worth, San Antonio, Austin, and Houston have all passed bans on the sale of pets in public places. Arizona A 2008 law prohibits the sale of any animals in any county with a population of 800,000 or more on any "public highway, street or park or any public property adjacent to a public highway, street or park. (A bill, S.B. 1125, introduced this year, 2010, would have extended this law to all of Arizona; S.B passed the state Senate but failed to pass the House of Representatives and did not become law.) California recently tried to enact a similar ban, but it was vetoed by Governor Schwarzenegger Bill would have made it illegal "for any person to willfully sell, display for sale, offer for sale, or give away as part of a commercial transaction, a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk 6

7 City of Albuquerque, New Mexico Passed ban on commercial pet sales in Oct 2006, years prior to West Hollywood Ordinance: Pet Stores shall not sell Companion Animals but may sell other living creatures including, but not limited to, fish, birds, rodents, insects, arachnids, reptiles and other Permissible Exotic Animal. Animal Humane New Mexico reports a 23% increase in adoption at local shelters and 35% decrease in euthanasia since the ordinance was adopted. Animal Humane has opened a boutique shop to allow people to adopt shelter animals without having to visit the shelter. They had hoped to do 45 adoptions in first month but instead did 118. Source: Albuquerque Municipal Code 7

8 City of South Lake Tahoe, CA Ordinance passed: May 5, 2009 (However, stores will have 2 years to become compliant) Ordinance: City Code Excerpts From Findings: With rare exceptions, when consumers buy puppies or kittens from pet stores there is a strong likelihood that consumers are supporting the puppy mill or kitten factory industry. While the city council recognizes that not all dogs and cats retailed in pet stores are products of inhumane breeding conditions and would not classify every commercial breeder selling dogs or cats to pet stores as a puppy mill or kitten factory, it is the city council s belief that puppy mills and kitten factories continue to exist in part because of public demand and the sale of dogs and cats in pet stores. The city council believes that a ban on the retail sale of dogs and cats in pet stores will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the city. The city council believes that a ban on the retail sale of dogs and cats in pet stores in the city will also encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals lives and reducing the cost to the public of sheltering animals. Prohibition. No pet store operator or pet store shall display, sell, deliver, offer for sale or adoption, barter, auction, give away, or otherwise dispose of cats or dogs in the city of South Lake Tahoe. (NO SPECIFIC EXCEPTIONS FOR RETAIL ADOPTIONS) One Councilmember voted against the ordinance, fearing that stores not selling puppy/kitten mill pets were being punished unfairly. It was proposed that the City propose strict fines for stores found to be selling mill pets, but this was dismissed as too time-consuming. Sources: Best Friends Article, South Lake Tahoe City Code 8

9 City of West Hollywood, CA Ordinance became effective March 19, 2010, but stores had until September 17, 2010 to be in compliance. Ordinance: (Findings: ) Prohibition. No pet store shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the City of West Hollywood on or after the effective date of the ordinance codified in this chapter. Existing Pet Stores. An existing pet store may continue to display, offer for sale, offer for adoption, barter, auction, give away, or otherwise transfer cats and dogs until September 17, d. Exemptions. This chapter does not apply to: 1. A person or establishment that sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment; 2. A publicly operated animal control facility or animal shelter; 3. A private, charitable, nonprofit humane society or animal rescue organization; or 4. A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store. e. Adoption of Shelter and Rescue Animals. Nothing in this chapter shall prevent a pet store or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet store for the purpose of adopting those animals to the public. Source: NBC Los Angeles Article, West Hollywood Municipal Code 9

10 City of Hermosa Beach, CA Ordinance passed in March 2010 and was adopted April 13, 2010 Summary of Ordinance (6.16): No pet store shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the City of Hermosa Beach. Exemptions: This Chapter does not apply to: a person or establishment that sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment; A publicly operated animal control facility or animal shelter; A private, charitable, nonprofit humane society or animal rescue organization; or A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store. Source/Ordinance Text: Hermosa Beach Municipal Code 10

11 City of Aliso Viejo, CA Ordinance adopted May 16, 2012 Summary of Ordinance ( ): No commercial animal establishment shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the city on or after the effective date of the ordinance codified in this section. Exemptions: This Section does not apply to: A commercial animal rescue shop that offers dogs or cats for an adoption fee; A publicly operated animal control facility or animal shelter; A private, charitable, nonprofit humane society or animal rescue organization; or A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet shop. Source/Ordinance Text: Aliso Viejo Municipal Code 11

12 City of Dana Point, CA Ordinance adopted January 31, 2012 Summary of Ordinance ( ): No commercial animal establishment shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the city on or after the effective date of the ordinance codified in this section. A commercial animal establishment already in existence has 1 year from the date of the ordinance to continue to display, offer for sale, barter, auction, or otherwise transfer or dispose of dogs and cats. Exemptions: This Section does not apply to: A licensed commercial breeder approved by and registered with a registry or association recognized by the Authority, whose program and practices are consistent with the humane treatment of animals; A dog or cat owner who breeds an occasional litter of dogs or cats, provided that he or she does not sell the resultant offspring for resale to commercial outlets, nor for purposes of research, testing or laboratory experimentation; A publicly operated animal control facility or animal shelter; A private, charitable, nonprofit humane society or animal rescue organization; A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a commercial animal establishment; or A dog or cat that is sold pursuant to Section of this title. (sale of an unclaimed impounded animal) Nothing in this Section shall prevent a commercial animal establishment or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the commercial animal establishment for the purpose of adopting those animals to the public. Source/Ordinance Text: Dana Point Municipal Code 12

13 City of Glendale, CA Ordinance Adopted on August 23, 2011 Summary of Ordinance ( ): No pet store shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the city of Glendale on or after the effective date of this chapter. 1 year grace period for existing pet stores Exemptions: This Chapter does not apply to: A publicly operated animal control facility or animal shelter; A private, charitable, nonprofit humane society or animal rescue organization; or A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store. Nothing in this chapter shall prevent a pet store or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet store for the purpose of adopting those animals to the public Source/Ordinance Text: Glendale Municipal Code 13

14 City of Huntington Beach, CA Ordinance Adopted on July 18, 2012 Summary of Ordinance ( ): No commercial establishment shall display, sell, deliver, offer for sale, barter, or auction dogs or cats, except dogs and/or cats obtained from a shelter, or humane society or rescue organization. Cats obtained by donation from a local resident for no charge may also be displayed, sold, and offered for sale or adoption. The pet shop owner shall notify in writing the Orange County Animal Services Office of any sale of a local donated cat Exemptions: 2 year grace period for any store that previously sold cats and dogs in a lawful manner to cease operations. Source/Ordinance Text: Huntington Beach Municipal Code 14

15 City of Irvine, CA Ordinance Adopted on October 25, 2011 Summary of Ordinance ( ): No commercial establishment shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the City on or after the effective date of the ordinance codified in this section 1 year grace period for any store that previously sold cats and dogs in a lawful manner to cease operations. Exemptions: This Section shall not apply to: A commercial animal rescue shop that offers dogs or cats for an adoption fee; A publicly operated animal control facility or animal shelter; A private, charitable nonprofit humane society or animal rescue organization; or A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet shop. Nothing in this section shall prevent a pet shop or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet stop for the purpose of adopting those animals to the public Source/Ordinance Text: Irvine Municipal Code 15

16 City of Laguna Beach, CA Ordinance Adopted on May 15, 2012 Summary of Ordinance ( ): No commercial animal establishment shall, for the purposes of resale or retail, display, sell, deliver, offer for sale, barter, auction, or otherwise transfer or dispose of puppies, dogs, kittens, or cats in the City on or after the effective date of the ordinance codified in this section. Exemptions: This Section shall not apply to: the city animal shelter and animal services division; A licensed nonprofit humane society, or licensed nonprofit animal rescue organization that operates out of or in connection with a licensed commercial animal establishment; or A commercial animal rescue shop that offers dogs or cats for an adoption fee. Nothing in this section shall prevent a commercial animal establishment or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the commercial animal establishment for the purpose of adopting those animals to the public Source/Ordinance Text: Laguna Beach Muncipal Code 16

17 Additional Bans City of Richmond, British Columbia City Council voted in October 2010 to implement a ban on the sales of puppies are local pet stores. Richmond became the first city in Canada to impose such a ban. Pet store owners will have until April 2011 to sell or remove dogs from their business. City of El Paso, Texas Original ordinance read: No person shall sell a dog or cat except as provided herein. Provided however, a person with a valid breeder s license and litter permit, may, from September 1, 2010 to January 31, 2011 sell the offspring of a dog or cat provided that the offspring was born prior to September 1, 2010 or sell the offspring of a dog or cat that was pregnant on September 1, In October, the City Council passed a watered-down version of the original, which: Prohibits the sales of dogs and cats under eight weeks old, and only allows breeders to sell dogs and cats between eight weeks and one year of age Breeders also won t be allowed to profit from the sale of the young animals, and instead will have to settle for reimbursement for documented expenses (food, vet care, microchip, etc). 17

18 Pending Bans San Francisco, Austin, Rio Rancho San Francisco Under consideration in July, has been postponed until January Background: Originated about two years ago, when the commission began considering a ban on dog and cat sales as a way to discourage puppy and kitten mills, but it was soon discovered that dogs and cats were not the only problem. Proposed Ordinance: Would ban sales of dogs, cats, hamsters, mice, rats, chinchillas, guinea pigs, birds, snakes, lizards and nearly every other companion animal. (Fish excluded) Austin, Texas In July 2010, the Austin Animal Advisory Commission approved a motion to recommend to Council that an ordinance be enacted to ban the retail sales of dogs and cats in Austin pet stores. Council directed the City Manager to work with the City s legal department to develop an ordinance to ban the retail sales of dogs and cats in Austin pet stores. Rio Rancho, New Mexico City Council was scheduled to discuss ban of retail sales of cats and dogs on August 25 th, but matter was postponed to give Council more time to review the ordinance. A vote is not expected until November. Sources: San Francisco Gate Article, San Francisco Weekly, Resolution , Rio Rancho Ordinance 18

19 Pending Bans Burbank, Los Angeles Burbank, California On October 16, 2012 the Burbank City Council directed staff to prepare possible ordinances related to the sale of live animals and banning Puppy Mills operating in Burbank. Background: On March 27, 2012 the City Council directed staff members to prepare a report on ordinances in other jurisdictions and to present options for potential regulation in Burbank. Proposed Ordinances: Would impose stricter regulations on commercial breeders Ban retail pet sales only allow the sale of pets obtained from registered non-profit, animal rescue, adoption or shelter organizations Los Angeles, California A proposed ordinance that would ban the retail sale of commercially bred cats, dogs, and rabbits for 3 years is set to go before the Los Angeles City Council on October 24, This meeting will finalize the original item adopted in April no business would be allowed to sell dogs, cats or rabbits unless the animals are obtained from an animal shelter or a nonprofit humane organization registered with the city's Department of Animal Services Sources: City of Burbank City Council Meeting, Burbank Leader Article, City of Burbank Staff Report on Pet Sale Regulations, ABC News Los Angeles Article, LA City Clerk Ordinance Information, Daily News Article 19

20 Current Bans Sales of Pets other than Dogs & Cats San Francisco: Has had a ban on the sale of rabbits and fowl since From Article 1, Section 48 of the Health Code: It shall be unlawful for any person, firm or corporation to display, sell, offer for sale, barter or give away any baby chicks, rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored, or otherwise artificially treated. This Section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes. Any person, firm or corporation violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $5 nor more than $50 for each and every offense. Source: San Francisco Health Code Richmond, British Columbia: Passed an amendment* to current bylaws in February 2010, prohibiting the sale of rabbits. Went into effect in April *Amendment Bylaw 8566/Business Regulation Bylaw Source: Richmond Rabbit Ban 20