HomeMy WebLinkAbout10/7/2015 - STAFF REPORTS - 2.E.P F `M $
q4
�Z
C�
V N
°Q<;Fo`aN,P. City Council Staff Report
DATE: October 7, 2015 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1888
ADDING SECTION 10.24.021 TO THE PALM SPRINGS MUNICIPAL
CODE, PROHIBITING THE RETAIL SALE OF DOGS AND CATS WITHIN
THE CITY OF PALM SPRINGS AND CEQA EXEMPTION
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1888.
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1888,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
SECTION 10.24.021 TO THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING
THE RETAIL SALE OF DOGS AND CATS WITHIN THE CITY OF PALM SPRINGS,
SUBJECT TO CERTAIN EXCEPTIONS."
STAFF ANALYSIS:
On September 16, 2015, Ordinance No. 1888 was introduced for first reading, as noted
below:
ACTION: Introduce on first reading Ordinance No. 1888, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 10.24.021
TO THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING THE RETAIL
SALE OF DOGS AND CATS WITHIN THE CITY OF PALM SPRINGS,
SUBJECT TO CERTAIN EXCEPTIONS."
Motion Councilmember Foat, seconded by Mayor Pro Tern Lewin and
unanimously carried 4-0 on a roll call vote.
Item No. 2 . E o
ADOPTION OF ORDINANCE NO. 1888
October 7, 2015
Page 2 of 2
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin,
and Mayor Pougnet
NOES: None
ABSENT: Councilmember Hutcheson
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
mes Thompson David H. Ready, E
City Clerk City Manager v
/kdh
Attachments: Ordinance No. 1888
02
ORDINANCE NO. 1888
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 10.24.021 TO THE PALM
SPRINGS MUNICIPAL CODE, PROHIBITING THE RETAIL
SALE OF DOGS AND CATS WITHIN THE CITY OF PALM
SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS.
City Attorney Summary
This Ordinance prohibits the sale of dogs and cats from retail
establishments within the City of Palm Springs, subject to certain
exceptions commencing on the date of its adoption.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 10.24.021 is added to the Palm Springs Municipal Code to
read:
10.24.021 Retail Sale of Dogs and Cats
(a) Definitions. For purposes of this Section, the following definitions shall apply:
1. "Animal shelter' means a municipal or related public animal shelter or duly
incorporated nonprofit organization devoted to the rescue, care, and adoption of stray,
abandoned, or surrendered animals, and which does not breed animals.
2. "Cat" means an animal of the Felidae family of the order Carnivora.
3. "Certificate of source" means a document declaring the source of the dog
or cat sold or transferred by the pet store. The certificate shall include the name and
address of the source of the dog or cat.
4. "Dog" means an animal of the Canidae family of the order Carnivora.
5. "Pet store" means a retail establishment open to the public and engaging
in the business of offering for sale and/or selling animals at retail.
6. "Pet store operator" means a person who owns or operates a pet store, or
both.
7. "Retail sale" includes display, offer for sale, offer for adoption, barter,
auction, give away, or other transfer any cat or dog.
(b) 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 Palm Springs.
03
Ordinance No. 1888
Page 2
(c) Exemptions. This Section 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.
(d) Adoption of Shelter and Rescue Animals. Nothing in this Section 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.
SECTION 2. CEQA. The City Council finds that it can be seen with certainty that
there is no possibility the adoption of this Ordinance will have a significant effect on the
environment because this Ordinance only regulates certain sales of animals within the
City. This Ordinance is therefore exempt from environmental review requirements of
the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of
the California Code of Regulations.
SECTION 3. Upon the effective date of this Ordinance, Urgency Ordinance No.
1887 is repealed and no longer in effect.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect (3) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 7th DAY OF OCTOBER, 2015.
ATTEST:
JAMES THOMPSON, CITY CLERK
STEPHEN P. POUGNET, MAYOR
1E
Ordinance No. 1888
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1888 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 16T" day of September, 2015, and
adopted at a regular meeting of the City Council held on the 7th day of October, 2015,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
05
CITY OF PALM SPRINGS
NOTIFICATION
a
City Council
Meeting Date: October 7, 2015
Subject: Ordinance No. 1888
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
November 8, 2015.
I declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary and Ordinance was posted at City
Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the
Office of the City Clerk on November 5, 2015.
I declare under penalty of perjury that the foregoing is true and correct.
YAAAAD-
Kathie Hart, MMC
Chief Deputy City Clerk
The Desert Sun
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578 / Fax 760-778-4731
State Of California ss:
County of Riverside
Certificate of Publication
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0000849548
I am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper (set in type not smaller than non
panel) in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates, to wit:
Newspaper: The Desert Sun
11/8/2015
I acknowledge that I am a principal clerk of the
printer of The Desert Sun, printed and
published weekly in the City of Palm Springs,
County of Riverside, State of California. The
Desert Sun was adjudicated a Newspaper of
general circulation on March 24. 1988 by the
Superior Court of the County of Riverside,
State of California Case No. 191236.
declare under penalty of perjury that the
foregoing is true and correct. Executed on
this 8th day of NOVEMBER, 2015 in Palm
Springs, California.
Declarant
to �• 15
A
RECEIVEL,
OF PALM SPt,
2015 NOV 16 AM 8155
JAMES TI10Nr-
CITY CLERIC
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I,'JAMES THOMPSON. City Clark Of
the City of Palm Springs, her cer-
tify that Ordinance No. 1888 is a full,
true and correct copy, and was imro-
duced at -a regular meeting of the
Palm Springs City Council on the
16TH day of September, 7015, and
M5adopted at a regular meeting of Me
Cfry council held on Me 7th day of
October, 201S, by the following
vow:
AYES Councilmember Foot,
Coundimember Mills. Mayor Pro Tem
Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
ABSTAIN: None
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
Published: 1118f1S
ORDINANCE NO. 1888
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 10.24.021 TO THE PALM
SPRINGS MUNICIPAL CODE, PROHIBITING THE RETAIL
SALE OF DOGS AND CATS WITHIN THE CITY OF PALM
SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS.
City Attorney Summary
This Ordinance prohibits the sale of dogs and cats from retail
establishments within the City of Palm Springs, subject to certain
exceptions commencing on the date of its adoption.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1888 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 16T" day of September, 2015, and
adopted at a regular meeting of the City Council held on the 7th day of October, 2015,
by the following vote:
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
ABSTAIN: None.
MES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1888
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 10.24.021 TO THE PALM
SPRINGS MUNICIPAL CODE, PROHIBITING THE RETAIL
SALE OF DOGS AND CATS WITHIN THE CITY OF PALM
SPRINGS, SUBJECT TO CERTAIN EXCEPTIONS.
City Attorney Summary
This Ordinance prohibits the sale of dogs and cats from retail
establishments within the City of Palm Springs, subject to certain
exceptions commencing on the date of its adoption.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 10.24.021 is added to the Palm Springs Municipal Code to
read:
10.24.021 Retail Sale of Dogs and Cats
(a) Definitions. For purposes of this Section, the following definitions shall apply:
1. "Animal shelter' means a municipal or related public animal shelter or duly
incorporated nonprofit organization devoted to the rescue, care, and adoption of stray,
abandoned, or surrendered animals, and which does not breed animals.
2. "Cat" means an animal of the Felidae family of the order Carnivora.
3. "Certificate of source" means a document declaring the source of the dog
or cat sold or transferred by the pet store. The certificate shall include the name and
address of the source of the dog or cat.
4. "Dog" means an animal of the Canidae family of the order Carnivora.
5. "Pet store" means a retail establishment open to the public and engaging
in the business of offering for sale and/or selling animals at retail.
6. "Pet store operator" means a person who owns or operates a pet store, or
both.
7. 'Retail sale" includes display, offer for sale, offer for adoption, barter,
auction, give away, or other transfer any cat or dog.
(b) 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 Palm Springs.
Ordinance No. 1888
Page 2
(c) Exemptions. This Section 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.
(d) Adoption of Shelter and Rescue Animals. Nothing in this Section 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.
SECTION 2. CEQA. The City Council finds that it can be seen with certainty that
there is no possibility the adoption of this Ordinance will have a significant effect on the
environment because this Ordinance only regulates certain sales of animals within the
City. This Ordinance is therefore exempt from environmental review requirements of
the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of
the California Code of Regulations.
SECTION 3. Upon the effective date of this Ordinance, Urgency Ordinance No.
1887 is repealed and no longer in effect.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect (3) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 7" DAY OF OCTOBER, 2015.
ATTEST:
JAMES THOMPSON, CITY CLERK
STEPHEN P. POUGNET, MAYOR
Ordinance No. 1888
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1888 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 16T" day of September, 2015, and
adopted at a regular meeting of the City Council held on the 7ch day of October, 2015,
by the following vote:
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California