HomeMy WebLinkAbout9/16/2015 - STAFF REPORTS - 3.A. 40t P P`M Sp4
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Cq��FOAe�P CITY COUNCIL STAFF REPORT
DATE: September 16, 2015 LEGISLATION
SUBJECT: AN URGENCY ORDINANCE AND A NON-URGENCY 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.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
Councilmember Foat at the Council's meeting on September 2, 2015, requested the
preparation of an urgency ordinance prohibiting the retail sales of dogs and cats in the City.
The City Attorney's Office is recommending the Council adopt an urgency ordinance and
introduce a non-urgency ordinance which adds provisions to the City's animal regulations to
prohibit retail sales of dogs and cats in the City.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and adopt
Ordinance No. "AN URGENCY 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.
2. Introduce on first reading, and refer to the Planning Commission, Ordinance No.
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.
BACKGROUND & SETTING:
At the City Council meeting of September 2, 2015, Councilmember Foat requested the
preparation and submission to the City Council of an ordinance prohibiting the retail sales of
dogs and cats in the City of Palm Springs. The City Attorney has prepared appropriate
ordinances responsive to the request. ��,,nn
rrEM No...1 ,
City Council Staff Report September 16, 2015
Retail Sales of Dogs and Cats Page 2 of 2
These ordinance will prohibit pet stores from selling dogs and cats. Pet stores will still be
able to offer rescued animals from shelters, the Humane Society, and licensed animal rescue
organizations. They will not be able to sell animals from commercial breeders. The primary
concern is that commercial breeders breed dogs and cats in relatively inhumane conditions in
facilities commonly referred to as "puppy mills" or "kitten factories." Animals breed in these
types of facilities are more likely to have behavior and/or health problems.
FISCAL IMPACT: Enforcement of the ordinance will be handled with current code
enforcement resources.
DouglaA Holland, City Attorney David H. Ready, City MAaAVW
c: Urgency Ordinance and Non-Urgency Ordinance
C2
ORDINANCE NO.
AN URGENCY 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. (4/5ths Vote Required.)
City Attorney Summary
This Urgency 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. This Ordinance will go into effect upon adoption.
The City Council of the City of Palm Springs finds:
A. Existing state and federal laws regulate dog and cat breeders, as well as pet
stores that sell dogs and cats. These include the Lockyer-Polanco-Farr Pet Protection
Act (California Health and Safety Code Section 122125 et seq.); the Polanco-Lockyer
Pet Breeder Warranty Act (California Health and Safety Code Section 122045 et seq.);
the Pet Store Animal Care Act (California Health and Safety Code Section 122350 et
seq.); and the Animal Welfare Act ("AWK) (7 U.S.C. Section 2131 et seq.).
B. The Lockyer-Polanco-Farr Pet Protection Act requires pet dealers (i.e., retail
sellers of more than fifty dogs or cats in the previous year; not including animal shelters
and humane societies) to have a permit, maintain certain health and safety standards
for their animals, sell only healthy animals, and provide written spay-neuter, health,
animal history and other information and disclosures to pet buyers. If after fifteen days
from purchase a dog or cat becomes ill due to an illness that existed at the time of sale,
or if within one year after purchase a dog or cat has a congenital or hereditary condition
that adversely affects the health of the dog or cat, an owner is offered a refund, another
puppy or kitten, or reimbursement of veterinary bills up to one hundred and fifty percent
of the purchase price of the puppy or kitten.
C. The Pet Store Animal Care Act requires every pet store that sells live companion
animals and fish to formulate a documented program consisting of routine care,
preventative care, emergency care, disease control and prevention, veterinary
treatment, and euthanasia.
D. The Polanco-Lockyer Pet Breeder Warranty Act offers protection similar to that of
the Lockyer-Polanco-Farr Pet Protection Act, except that it applies only to dog breeders
who sold or gave away either three litters or twenty dogs in the previous year.
E. The Animal Welfare Act requires, among other things, the licensing of certain
breeders of dogs and cats. These breeders are required to maintain minimum health,
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safety and welfare standards for animals in their care. The AWA is enforced by the
United States Department of Agriculture ("USDA").
F. According to The Humane Society of the United States, American consumers
purchase dogs and cats from pet stores that the consumers believe to be healthy and
genetically sound, but in reality, the animals often face an array of health problems
including communicable diseases or genetic disorders that present immediately after
sale or that do not surface until several years later, all of which lead to costly veterinary
bills and distress to consumers.
G. A review of state and USDA inspection reports from more than one hundred
breeders who sold animals to the nation's largest retail pet store chain revealed that
more than sixty percent of the inspections found serious violations of basic animal care
standards, including sick or dead animals in their cages, lack of proper veterinary care,
inadequate shelter from weather conditions, and dirty, unkempt cages that were too
small.
H. A 2005 undercover investigation of California pet stores revealed that nearly half
of the pet shops visited displayed animals that showed visible signs of illness, injury, or
neglect, and nearly half of the stores also sold animals showing clear symptoms of
psychological distress.
I. 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 stores.
Because of the lack of proper animal husbandry practices at these facilities, animals
born and raised there 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.
J. According to USDA inspection reports, some additional documented problems
found at puppy mills include: (1) sanitation problems leading to infectious disease; (2)
large numbers of animals overcrowded in cages; (3) lack of proper veterinary care for
severe illnesses and injuries; (4) lack of protection from harsh weather conditions; and
(5) lack of adequate food and water.
K. While "puppy mill" puppies and "kitten factory" kittens were being sold in pet
stores across the (Geographic Area to be defined; number of dogs and cats euthanized
in such area).
L. The homeless pet problem notwithstanding, there are many reputable dog and
cat breeders who refuse to sell through pet stores and who work carefully to screen
families and ensure good, lifelong matches.
J
M. Responsible dog and cat breeders do not sell their animals to pet stores. The
United Kennel Club (UKC), the second oldest all-breed registry of purebred dog
pedigrees in the United States and the second largest in the world, asks all of its
member breeders to agree to a code of ethics which includes a pledge not to sell their
puppies to pet stores. Similar pledges are included in codes of ethics for many breed
clubs for individual breeds.
N. Within the past year, there has been significant community activity within the City
of City of Palm Springs and across the Coachella Valley to convince local pet store
operators to convert from puppy sales to a humane business model offering adoptable
homeless dogs and cats to their customers.
O. Across the country, thousands of independent pet stores as well as large chains
operate profitably with a business model focused on the sale of pet services and
supplies and not on the sale of dogs and cats. Many of these stores collaborate with
local animal sheltering and rescue organizations to offer space and support for
showcasing adoptable homeless pets on their premises.
P. 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.
Q. The City Council finds that the current state of retail sale of dogs and cats in pet
stores in the City of Palm Springs is inconsistent with the city's goal to be a community
that cares about animal welfare.
R. The City Council believes that eliminating the retail sale of dogs and cats in pet
stores in the city will promote community awareness of animal welfare and, in turn, will
foster a more humane environment in the city.
S. The City Council believes that elimination of 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.
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:
r5
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.
(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
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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.. Findings. The adoption of this Urgency Ordinance is necessary for the
immediate protection of the public peace, health, and safety by ensuring the timely and
orderly consideration, adoption, and implementation of a prohibition on retail sales of
dogs and cats in the City of Palm Springs. In accordance with Section 312 of the Palm
Springs City Charter, the City Council of the City of Palm Springs finds and determines
that the adoption of this Urgency Ordinance is necessary to ensure the immediate
protection of the public peace, health, and safety.
Section 4. Effective Date. The City Council hereby declares, on the basis of the
findings set forth in the Recitals and in Section 3 above, that an urgency ordinance is
warranted and that this Ordinance is necessary to preserve the public peace, health and
safety. Accordingly, this Ordinance is adopted as an urgency ordinance and shall take
effect and be in force immediately upon its adoption.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 16th DAY OF SEPTEMBER, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
f' 7
ORDINANCE NO.
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.
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(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. 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 16th DAY OF SEPTEMBER, 2015.
STEPHEN P. POUGNET, MAYOR
J 9
ATTEST:
JAMES THOMPSON, CITY CLERK
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• • Best
Friends
An
imal SAVE THEM ALL
15 September 2015
Palm Springs City Council
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Support for Retail Pet Sales Ordinance
Dear Mayor Pougnet and Council Members,
On behalf of Best Friends Animal Society, a national animal welfare organization in its thirty-
second year, I would like to offer support for an ordinance to restrict the retail sale of dogs and
cats in Palm Springs pet stores. We encourage you to join the more than 85 municipalities
throughout North America that have made the change to no longer allow pet stores to sell
commercially bred companion pets, unless the pets come from shelters or rescue groups.
Pet mills, particularly puppy mills, are a serious problem in the U.S. These facilities, which
supply nearly 100% of retail pet stores and online retailers, are cruel and inhumane breeding
factories in which profit and maximum productivity take priority over the welfare of the animals.
Although the USDA regulates these breeders, the minimum federal standards do not ensure a
humane life for dogs. These types of kennels can legally have hundreds - often a thousand -
dogs in one facility, and these dogs are allowed to be confined to very small cages for their
entire lives, breeding continuously in order to produce as many puppies as possible for the pet
trade. And USDA inspection reports show that many USDA-licensed breeders continue to sell
animals to local pet stores even after being cited for serious violations at their facilities.
Because the goal is to make a profit, pet mill owners must cut corners to keep expenses low
and profits high. For the unsuspecting consumer, this frequently results in the purchase of a
pet facing an array of immediate veterinary problems or harboring genetic diseases that
surface down the line. This creates a financial burden on the consumer and results in many of
these animals being surrendered to overcrowded shelters.
It makes little sense to continue manufacturing dogs and cats when so many are being killed
for lack of space. Public education has been effective, but until communities take the initiative
to limit the supply of pets being imported from substandard commercial facilities, there can be
no hope of preventing these unnecessary deaths.
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• • Best
Friends
imal
Society SAVE THEM ALL
Those who benefit most from companion animal sales in pet stores are the retailers themselves.
While they may profit from the practice of buying these pets at a low price from commercial
brokers and then selling them (typically without first spaying or neutering them) at a high price,
it is the taxpaying public who pays for animal control to house and kill unwanted animals in the
community.
Pet stores that sell commercially bred animals can be part of the solution rather than the
problem, simply by either stopping pet sales altogether(and focusing on other profitable,
ancillary components such as grooming, daycare or pet supplies), or by changing to a
business model that offers products, services, and space for animal rescue organizations to
adopt out animals from their stores.
Best Friends has partnered with several of the many pet stores that have transitioned from
selling milled dogs and cats to offering rescued pets for adoption, and we have found this
humane model to be both viable and embraced by the communities in which the stores are
located. Thus, a restriction on the retail sale of pets would not preclude pet stores from staying
in business, but would, in fact, alleviate a significant burden on local shelters by increasing pet
adoptions.
Best Friends and our members thank you in advance for taking a compassionate, common
sense initiative to addressing the pet mill problem in your community and setting a positive
example for the rest of the country to follow. We have been proud to work with the majority of
municipalities throughout the U.S. that have enacted similar ordinances (including Los Angeles,
San Diego, Irvine, Oceanside, Beverly Hills and Huntington Beach), and we will do all we can to
help Palm Springs do the same.
Thank you for your consideration of this important reform.
Respectfully,
EU,p�OYeck
Elizabeth Oreck
National Manager, Puppy Mill Initiatives
Best Friends Animal Society
bestfriends.org/puppymills
elizabetho@bestfriends.org
IWO&Vrown XqftHftraAWW9NW
• Executive Summary: Scientific studies of dogs
Zj and puppies from commercial dog-breeding
Best Friends
Anal Society establishments (puppy mills)
BACKGROUND
Commercial breeding establishments, or puppy mills, are large-scale facilities where dogs are confined in
small enclosures for their entire reproductive lives with little to no exercise or positive human contact. The sole
purpose of such facilities is to mass-produce puppies to sell them for profit through retail pet stores and via
the Internet.
SYNOPSIS
In two large-scale studies of dogs from high-volume commercial breeding establishments(one study focusing on
the adult breeding dogs and the other on the puppies sold through pet stores),the evidence showed conclusively
that these breeding facilities are highly injurious to both groups of dogs, resulting in severe, extensive and long-
term harm to the behavioral and psychological well-being of the dogs.
Study 1 : The adult breeding dogs
WHAT THE STUDY LOOKED AT
This study compared a wide array of psychological and behavioral characteristics of 1,169 dogs formerly kept
for breeding purposes in commercial breeding establishments with pet dogs owned by members of the general
public.
RESEARCHERS
Franklin D. McMillan, DVM, Best Friends Animal Society
Deborah L. Duffy, PhD, University of Pennsylvania School of Veterinary Medicine
James A. Serpell, PhD, University of Pennsylvania School of Veterinary Medicine
THE PUBLISHED PAPER
Mental health of dogs formerly used as `breeding stock' in commercial breeding establishments. FD McMillan,
DL Duffy, JA Serpell.Applied Animal Behaviour Science 2011; 135: 86-94.
WHAT THE STUDY FOUND
• The results showed a broad range of abnormal behavioral and psychological characteristics in the
former breeding dogs from large-scale commercial breeding establishments, including significantly
elevated levels of fears and phobias; pronounced compulsive and repetitive behaviors, such as spinning
in tight circles and pacing; house soiling; and a heightened sensitivity to being touched and picked up.
• The psychological harm demonstrated in these dogs is severe and long-lasting. Much of the harm is
irreparable and will remain a continued source of suffering for years after the dogs leave the breeding
facility, in some cases for the entire lifetime of the dog.
CONCLUSIONS
• Current laws at both the national and state levels are not based on current scientific knowledge of
animal psychology, quality of life, suffering, and welfare, and are thus inadequate to protect dogs from
the psychological harm resulting from living in commercial breeding establishments.
• Legislation to adequately protect the welfare of dogs in confinement needs to be updated to reflect
current scientific knowledge.
To obtain a copy of the published study, contact Dr. Frank McMillan (dr.frank@bestfriends.org).
Study 2: The puppies
WHAT THE STUDY LOOKED AT
This study compared the psychological and behavioral characteristics of 431 adult dogs who were purchased
as puppies from pet stores with adult dogs purchased as puppies from small-scale, private breeders.
RESEARCHERS
Franklin D. McMillan, DVM, Best Friends Animal Society
James A. Serpell, PhD, University of Pennsylvania School of Veterinary Medicine
Deborah L. Duffy, PhD, University of Pennsylvania School of Veterinary Medicine
Elmabrok Masaoud, PhD, Atlantic Veterinary College, University of Prince Edward Island
Ian Dohoo, DVM, PhD, Atlantic Veterinary College, University of Prince Edward Island
THE PUBLISHED PAPER
Differences in behavioral characteristics between dogs obtained as puppies from pet stores and those obtained
from noncommercial breeders. FD McMillan,JA Serpell, DL Duffy, E Masaoud, IR Dohoo.Journal of the American
Veterinary Medical Association 2013; 242: 1359-1363.
WHAT THE STUDY FOUND
• Dogs obtained as puppies from pet stores received significantly less favorable scores than breeder-
obtained dogs on most behavioral variables measured. Compared with dogs obtained as puppies from
noncommercial breeders, dogs from pet stores had significantly greater aggression toward human
family members, unfamiliar people and other dogs; greater fear of other dogs and typical life events;
and greater separation-related problems and house soiling.
• For no behavior evaluated in the study did pet store dogs score more favorably than noncommercial
breeder dogs.
• The chances of a dog developing serious behavior problems is much higher for dogs purchased as
puppies from pet stores, as compared to dogs obtained from small, noncommercial breeders.
CONCLUSIONS
• On the basis of these findings, combined with findings from earlier small-scale studies of dogs obtained
from pet stores, until the causes of the unfavorable differences detected in this group of dogs can
be specifically identified and remedied, the authors of this study withhold any recommendation that
puppies be obtained from pet stores.
2
• Dogs sold by pet stores are misrepresented to consumers as a high-quality product, because the data
now shows that consumers are not receiving what they believe they are paying for. The increased risk
of behavior problems that pet store customers face as their dog matures includes aggression issues,
which pose a significant risk of human injury. Consumer protective legislation is urgently needed in this
area.
• Legislation to improve the conditions in the large-scale commercial breeding facilities supplying puppies
to pet stores is needed to assure that the puppies are not at any increased risk of maturing into adult
dogs with serious behavior problems.
To obtain a copy of the published study, contact Dr. Frank McMillan (drfrank@bestfriends.org).
Overall Conclusions
• Current laws provide inadequate protection against harm to breeding dogs and puppies associated with
commercial breeding establishments.
• Consumers purchasing puppies from pet stores are unknowingly assuming a risk of difficult and serious
behavior problems in their dogs, including dog behavior that can endanger their own safety.
• If dogs are to be bred to produce puppies for sale, all of the dogs and puppies should be assured a
decent quality of life based on the most current scientific research.
For More Information
For more about Best Friends Animal Society, go to bestfriends.org. To learn about Best Friends' puppy mill
initiatives and what you can do to help, visit puppymills.bestfriends.org.
3
AKC Breeder Code of Ethics
If one visits the website of the American Kennel Club (AKC), one of the oldest and most respected breed
club registries in the world, one can access the Code of Ethics on any of the websites listed in their
national parent club directory for AKC-recognized breeds
(http:/Iwww.akc.org/clubs/search/index.cfm?action=national&display=on). One of the most common
provisos is that breeders must agree never to sell their puppies to pet stores.
Below are several examples.
Airedale Terrier Club of America
(airedale.org)
Code of Ethics: In sale/placement transactions, we endeavor to refuse to sell an Airedale Terrier of any
age to pet dealers, catalog houses, or any other commercial sources of distribution.
Alaskan Malamute Club of America, Inc.
(alaskanmalamute.org)
Code of Ethics: No member shall knowingly be involved in the sale/placement of puppies/dogs through
retail or wholesale outlets, mail order businesses, dog dealers/agents/brokers, or act as a finder for such
operations.
American Bloodhound Club
(blood hounds.org)
Code of Ethics: As a member of the American Bloodhound Club: I agree not to engage in the practice of
providing any Bloodhound to any individual, commercial wholesaler, or retailer for the purpose of resale.
American Cavalier King Charles Spaniel Club, Inc.
(ackcsc.org)
General Code of Conduct: I will not: 1. Knowingly falsify a pedigree, health screening or breeding
information. 2. Sell Cavaliers to pet shops, brokers or third party dealers. 3. Supply or sell Cavaliers for
auctions, raffles, flea markets or any other such enterprise. 4. Knowingly sell to unethical breeders, or
sell to persons whose intention is resale. 5. Purchase any Cavalier or any litter for resale either to an
individual or a commercial establishment.
American Fox Terrier Club
(aftc.org)
Code of Ethics: Under no condition shall dogs be sold to pet dealers or any other source of commercial
distribution.
ldFdp,
American Whippet Club, Inc.
(americanwhippetclub.net)
Code of Ethics: No member of this club shall engage in the wholesaling of litters of Whippet puppies, or
the sale of breeding stock or individuals to pet shops or other commercial sources of distribution.
Basset Hound Club of America
(basset-bhca.com)
Breeder Code of Ethical Conduct: No member of this club shall engage in the wholesaling of litters or the
selling of breeding stock to commercial sales operations.
American Maltese Association, Inc.
(americanmaltese.org)
Member Code of Ethics: I will not knowingly deal with dog wholesalers, commercial retailers, brokers or
unethical dog breeders, nor supply dogs for raffles, "give away"prizes or other such projects.
American Miniature Schnauzer Club, Inc.
(amsc.us)
Code of Ethics: The breeder will not sell or dispose of any dog through pet shops, wholesalers,
commercial dealers or paid agents.
American Pomeranian Club, Inc.
(americanpomeranianclub.org)
Code of Ethics: I will not sell my puppies to pet shops or commercial pet mill establishments, nor will I
donate puppies for raffles or auctions.
American Spaniel Club, Inc.
(asc-cockerspaniel.org)
Code of Ethics: Breeders shall refrain from selling puppies to pet shops either outright or on
consignment; refrain from supplying puppies for auctions, raffles, or other such enterprises,refrain from
selling to persons whose intention to resell is known or suspected;refrain from breeding litters primarily
for the pet market.
Australian Cattle Dog Club of America
(acdca.org)
Breeder Code of Ethics: As an ACDCA Code of Ethics Breeder, I agree that no puppies will be knowingly
sold to franchised commercial facilities, puppy brokers, puppy mills or agents thereof.
ML
Boston Terrier Club of America, Inc.
(bostonterriercIubofamerica.org)
Code of Ethics: I will sell no Boston Terrier to a commercial facility, puppy broker, pet shop, puppy mill or
their agent.
Bulldog Club of America
(bulldogclubofamerica.org)
Breeder's Code of Ethics: Responsible breeders refuse to sell or recommend breeders who do not
conform to the ideals and obligations expressed in this Code and shall not engage in wholesaling litters
or in individual sales or consignments of pups or adults to pet shops, dealers, catalog houses or other
commercial establishments, nor shall they be donated or given as prizes in contests, raffles, or fund-
raising events, no matter how charitable.
Chihuahua Club of America, Inc.
(chihuahuaclu bofamerica.com)
Code of Ethics: l pledge to be responsible for all Chihuahuas that I have produced for their entire life-
time by never buying, selling or trading my/our Chihuahuas to research laboratories, pet stores, or to
auctions nor placing them in rescue groups.
Chinese Shar-Pei Club of America, Inc.
(cspca.com)
Breeders Code of Conduct: 1 agree to never sell or give any puppy or dog to pet stores either on
consignment or outright.
Collie Club of America, Inc.
(collieclubofamerica.org)
Code of Ethics: No member shall knowingly sell or place, trade or give any Collie of any age to pet
dealers, catalog houses, or other commercial sources; nor shall Collies be given as prizes, auctioned, or
exploited to the detriment of the breed.
Dachshund Club of America, Inc.
(dachshund-dca.org)
Code of Ethics: To never supply a Dachshund to pet shops, commercial brokers or dealers, raffles or
similar projects.
Dalmatian Club of America, Inc.
(thedca.org)
Ethical Guidelines: I hereby pledge to ensure that puppies and adults produced by my brood bitch or
stud dog are never knowingly sold or consigned to pet stores, wholesalers, or commercial dealers.
J I
L1.1
French Bull Dog Club of America
(frenchbulldogclub.org)
Code of Ethics and Sportsmanship: As a member of the French Bull Dog Club of America, I will not sell
a French Bulldog to any commercial facility, puppy brokers, pet shop, puppy mill or agent thereof.
German Shepherd Dog Club of America
(gsdca.org)
Club Code of Conduct: No GSD will be sold to wholesalers or retail stores for the purpose of resale.
Breeders Code: I hereby pledge to refuse to sell or recommend breeders who do not conform to the
ideals and obligations expressed in this Code and refuse al/sales to dog wholesalers and retailers.
Golden Retriever Club of America
(grca.org)
Responsibilities as a Breeder: Members should not sell dogs at auction, or to brokers or commercial
dealers.
Greyhound Club of America
(greyhoundclu boramericainc.org)
Ethical Standards: Breeders shall not knowingly sell or consign puppies or adult dogs to pet stores,
puppy brokers or other commercial dealers.
Havanese Club of America
(havanese.org)
Code of Ethics: No Havanese will be sold to pet dealers, pet stores, pet wholesalers, or pet brokers
either singly or in litter lots.
Miniature Pinscher Club of America, Inc.
(minpin.org)
Code of Ethics: No Miniature Pinscher shall be sold to commercial facilities;research laboratories;pet
shops;brokers who purchase litter lots or individuals for re-sale to pet shops or other commercial
facilities, puppy mills or their agents.
Newfoundland Club of America, Inc.
(ncanewfs.org)
Ethics Guide: Responsibilities of Members: To refuse to sell Newfoundland dogs to any pet shop, or any
wholesale dealer in dogs, or knowingly to sell or aid or abet the sale of any Newfoundland to a person or
agent who will sell the animal through a pet shop.
Qr1b.
Old English Sheepdog Club of America, Inc.
(oldenglishsheepdogclubofamerica.org)
Code of Ethics: Puppies may not be sold from any temporary marketplace or transient headquarters, no
litters purchased or taken on consignment for resale, nor dogs wholesaled to pet shops, auctions,
dealers, contest sponsors, raffles, etc.
Papillon Club of America, Inc.
(papillonclub.org)
Code of Ethics: No member of the Papillon Club of America will sell at wholesale or to retail outlets,
brokers, pet shops, mail order houses, or businesses of similar commercial enterprise, or donate a dog
to be offered as a prize.
Portugese Water Dog Club of America, Inc.
(pwdca.org)
Section 1 All PWDCA Members shall: Not sell, place or consign any Portuguese Water Dog to a
commercial facility, business or agent thereof.
Pug Dog Club of America, Inc.
(pugs.org)
Code of Ethics: No member shall EVER sell or donate dogs for auctions or raffles, or to pet shops,
catalog houses, brokers or for resale purposes.
Rhodesian Ridgeback Club of the United States
(rrcus.org)
Code of Ethics: Members will not knowingly furnish puppies or adult dogs for wholesale, pet shops,
puppy brokers, commercial facilities, guard dog businesses or agents thereof, or dispose of them as
"Give away"prizes or auction items,neither will they sell puppies to nor breed to dogs owned by those
whom they have reason to believe may do so.
Samoyed Club of America, Inc.
(samoyedclubofamerica.org)
Code of Ethics: The SCA member does not sell, consign, or transfer puppies, or adults to pet shops,
wholesale dealers, contest sponsors, or anyone who is known to degrade the Samoyed breed or
purebred dogs, or to individuals contemplating breeding and/or sale to the aforementioned.
Scottish Terrier Club of America
(stca.biz)
Code of Ethics: Not knowingly sell a Scottish Terrier of any age to a pet shop, catalog house, laboratory
or any wholesale dealer in dogs (a dealer being a person who regularly buys dogs for sale at profit), or to
any person who sells to any of the above.
Siberian Husky Club of America, Inc.
(shca.org)
Code of Ethics: I pledge that 1 will refuse to deal with dog wholesalers or to sell puppies or dogs to pet
shops, and l will include in all stud contracts an agreement to be signed by the owner of the bitch that no
puppies resulting from the mating will be wholesaled or sold to pet shops.
Skye Terrier Club of America
(clubs.akc.org/skye)
Code of Ethics: To refrain from knowingly selling, trading, or giving Skye Terriers or providing stud
service to a commercial breeder, pet shop, research laboratory or any person known to be unethical in
his/her dealings in purebred dogs.
Spinone Club of America
(spinoneclubofamerica.com)
Code of Conduct: Members will not sell, transfer or consign a dog to pet shops, unethical breeders, or
other commercial ventures including lotteries, raffles or auctions.
Staffordshire Bull Terrier Club of America
(sbtca.com)
Code of Ethics: Litters shall not be sold to a person en-bloc, to commercial sources, or for purposes of
resale.
St. Bernard Club of America, Inc.
(saintbernardclub.org)
Guidelines and Statement of Policy: No member shall buy or sell St. Bernards through commercial pet
outlets, nor buy or sell in litter lots, nor sell to persons whose activities tend to degrade the Breed.
Tibetan Terrier Club of America, Inc.
(ttca-online.org)
Guidelines for Responsible Breeders: A responsible breeder does not sell or consign Tibetan Terriers to
pet shops or other commercial dealers, nor does he breed his animals to their animals.
Weimaraner Club of America
(weimaranerclu bofamerica.org)
Code of Ethics: The owner/breeder shall not breed, sell or consign puppies or adults to pet shops or
other commercial dealers.
Best
Friends
Society SAVE THEM ALL
Retail Pet Sales Bans Enacted in North America (86)
(Links to ordinances available at bestfriends.org/puppymills)
Albuquerque, NM - Enacted June 2006; effective August 2007
South Lake Tahoe, CA- Enacted April 2009; effective May 2011
West Hollywood, CA- Enacted February 2010; effective March 2010
Hermosa Beach, CA- Enacted March 2010; effective April 2010
Turlock, CA- Enacted May 2010; effective June 2010
El Paso, TX- Enacted October 2010; effective January 2011
Richmond, British Columbia (Canada)- Enacted November 2010; effective April 2011
Austin, Texas- Enacted December 2010; effective December 2010
Lake Worth, FL- Enacted February 2011; effective February 2011
Fountain, CO - Enacted May 2011; effective May 2011
Flagler Beach, FL (applies to all animals, prohibits sales and breeding); effective December 2009
Coral Gables, FL (applies to dogs only)
Opa-Locka, FL (applies to dogs only)
North Bay Village, FL(applies to dogs only)
Glendale, CA- Enacted August 2011; effective August 2012
Toronto, Ontario (Canada) - Enacted September 2011, effective September 2012
Irvine, CA- Enacted October 2011; effective immediately
Rosemont-La Petite Patrie, Quebec (Canada) - Enacted December 2011; effective immediately
Dana Point, CA- Enacted Feb 2012; effective immediately
Chula Vista, CA - Enacted March 2012; effective April 2012
Hallandale Beach, FL- Enacted April 2012; effective immediately
• • Best
Friends
An
imal SAVE THEM ALL
Laguna Beach, CA- Enacted May 2012; effective immediately
Point Pleasant, NJ - Enacted May 2012; effective immediately
Aliso Viejo, CA- Enacted May 16, 2012; effective immediately
Huntington Beach, CA- Enacted June 2012; effective June 2014
Mississauga, Ontario (Canada)- Enacted July 2012; effective January 2013
Brick, NJ - Enacted July 2012; effective immediately
Manasquan, NJ - Enacted September 2012; effective immediately
Los Angeles, CA- Enacted October 2012; effective June 2013
Point Pleasant Beach, NJ-Enacted October 2012; effective immediately
New Westminster, British Columbia (Canada)- Enacted November 2012; effective immediately
Burbank, CA- Enacted February 2013; effective August 2013
Rancho Mirage, CA- Enacted February 2013; effective March 2013
Hoboken, NJ - Enacted May 2013; effective immediately
San Diego, CA- Enacted July 2013; effective September 2013
Kingston, Ontario (Canada) - Enacted August 2013; effective November 2013
Oceanport, NJ- Enacted August 2013; effective immediately
Margate, FL- Enacted October 2013; effective immediately
Pinecrest, FL- Enacted October 2013; effective immediately
North Brunswick, NJ - Enacted October 2013; effective November 2013
Palmetto Bay, FL- Enacted December 2013; effective immediately
Ventura County, CA- Enacted December 2013; effective December 2014
Toledo, OH - Enacted December 2013; effective January 2014
Phoenix, AZ- Enacted December 2013; effective January 2014
• • Best
Friends
Animal
SAVE THEM ALL
Coconut Creek, FL- Enacted January 2014; effective immediately
Wellington, FL- Enacted January 2014, effective immediately
Surfside, FL- Enacted February 2014; effective immediately
Aventura, FL- Enacted March 2014; effective immediately
Chicago, IL- Enacted March 2014; effective March 2015
Wilton Manors, FL- Enacted March 2014; effective immediately
Greenacres, FL- Enacted April 2014, effective immediately
North Lauderdale, FL- Enacted April 2014; effective immediately
Cook County, IL- Enacted April 2014; effective October 2014
Bay Harbor Islands, FL- Enacted April 2014; effective immediately
Vaughan, Ontario (Canada) - Enacted April 2014; effective immediately
Pompano Beach, FL - Enacted May 2104; effective immediately
North Miami Beach, FL - Enacted May 2014; effective immediately
Miami Beach, FL- Enacted May 2014; effective January 2015
Bal Harbour Village, FL- Enacted May 2014; effective immediately
Sunny Isles Beach, FL- Enacted May 2014; effective immediately
East Providence, RI - Enacted June 2014; effective immediately
Dania Beach, FL- Enacted June 2014; effective immediately
Palm Beach Gardens, FL- Enacted July 2014; effective immediately
Juno Beach, FL- Enacted July 2014; effective immediately
Cutler Bay, FL- Enacted August 2014; effective immediately
North Palm Beach, FL- Enacted August 2014; effective immediately
Randolph, NJ - Enacted September 2014; effective immediately
• • Best
Friends
Animal
SAVE THEM ALL
Hypoluzo, FL- Enacted September 2014; effective immediately
Hudson, Quebec (Canada)- Enacted September 2014; effective immediately
Waterloo, Ontario (Canada)- Enacted September 2014; effective January 2015
Jupiter, FL - Enacted October 2014; effective immediately
Homestead, FL- Enacted October 2014; effective immediately
Chino Hills, CA- Enacted October 2014; effective November 2014
Tamarac, FL- Enacted December 2014; effective immediately
Palm Beach, FL- Enacted January 2015; effective immediately
Oceanside, CA- Enacted January 2015; effective September 2015
Montgomery County, MD- Enacted March 2015; effective June 2015
Long Beach, CA- Enacted March 2015; effective October 2015
Garden Grove, CA- Enacted March 2015; effective March 2016
North Miami, FL- Enacted April 2015; effective immediately
Lauderhill, FL- Enacted April 2015; effective immediately
Encinitas, CA- Enacted July 2015; effective immediately
Fernandina Beach, FL- Enacted July 2015; effective immediately
Jacksonville Beach, FL - Enacted August 2015; effective immediately
Beverly Hills, CA- Enacted August 2015; effective September 2015
Eastpointe, MI - Enacted September 2015; effective January 2016
Responsible vs . Irresponsible
r: ills/'Bauuriarid� rerr
Breed for love/improvement of breed Breed solely for profit
Screen for genetic defects Do not screen for genetic defects
Have a small number of dogs Have a large number of dogs
Usually breed only one breed Breed multiple breeds
Only sell directly to buyer Will sell to 3rd parties (pet stores, brokers, _
online)
S
Usually spay & neuter Do not spay & neuter
Dog can always be returned to breeder Dogs cannot be returned
Dogs generally live in the home Dogs do not live in the home
Typically breed only once a year Typically breed every cycle
Will allow you to see where dogs are raised Will not allow you to visit facility
�. What is a -
ypp mill
" Flest Friends ima oc 'Is the
only national animal welfare organization
n "
dedicated exclusively to ending the killing of
dogs and cats in America's shelters. A leader AW
in the no-kill movement, Best Friends runs
the nation's largest no-kill sanctuary for '" I
companion animals, as well as lifesaving
programs in partnership with rescue groups
and shelters across the country. Since its Best Friends
founding in 1984, Best Friends has helped
reduce the number of animals killed in Best Friends Animal Society
American shelters from 17 million per year 5001 Angel Canyon Road
UT 8474b,
to about four million. By continuing to build Kan ab,
effective initiatives that reduce the number 435 644-2001 !4'
of animals entering shelters and increase th ' d INS'
number who find homes, Best Friends and its
nationwide network of members and partners SAVE THEM �t
x
,
a
Where are puppy mill dogs sold?
You Can save lives today. Pet stores: Nearly all pet stores that sell E
Join Best Friends Animal Society puppies are supplied by mills. More and more
in putting a stop to puppy mills. communities are banning the sale of mill-bred —
pets in stores, but many Americans are still
unaware of the connection between pet stores
What is a puppy mill? and puppy mitts. ---
A puppy mill is a "factory farm" for dogs. Even Websites: Just like pet stores, most websites
though more and more Americans are taking that sell dogs are selling mill-bred pets, and
a stand against them, the U.S. still has about most of these sites market the puppies as How to fl,
10,000 puppy mills. well-bred and lovingly raised. No matter how
More than 9,000 animals are killed
Many people don't realize that when they buy convincing a website is, though, never buy a
shelters every day, simply because they
a dog from a pet store or the Internet, that dog pet online.
.. places -
most likely came from a puppy mill. In puppy Classified ads: For decades, the newspaper one of the easiest ways you can help
mills, dogs live in small cages, often in the classifieds have been the first place that puppy Save Them All is by choosing , adopt
minimum legal size allowed (only six inches buyers go to look for a new pet. Commercial instead of purchase a pet.
larger than the dog on all sides) and female breeders tap into this market easily by placing
dogs are bred as frequently as possible. adopt,When you
classified ads. Please beware of any ads that
supportto ..
Life in a puppy mill is no life for our best list several breeds for sale. And if the breeder
a life and giving an animal in need the
friends. Together, we can take a stand against won't let you see where the dogs and puppies
puppy mills and make them a thing of the past. live, please don't buy the puppy. second chance he or she deserves. If
you're looking for a particular breed of
Why puppy mills still exist i - p dog, no worries. Shelters and rescue
Puppy mills have been inhumanely breeding groups ...s of all ages,
and selling dogs for decades. Although the colors and sizes.
federal government regulates most breeders Here are a few other
who sell puppies online and to pet stores, puppy mills:
the minimal standards imposed on breeders Spread the word: Tell your friends,
don't promote responsible breeding or ensure v+
family and other people about puppy
healthy puppies. For example, it's legal for mills, and encourage them to adopt
licensed breeders to own 1,000 or more dogs, their _
xt furry friend.
keep them in very small cages for their entire Best Friends' puppy mill initiativesa Donate to Best Friends Animal Society
lives and breed them as often as possible. Through Best Friends' puppy mill initiatives, at bestfriends.org.
The standards set by the government aren't we are working to convince pet stores to offer * Learn _
about the puppy mill
meant to ensure that the dogs have the good pets for adoption instead of selling mill-bred problem and get the tools and
lives they deserve; they only require the bare pets, educate consumers about puppy mills,
puppyresources you need to help fight
minimum of care. Plus, there are only a few and create and lobby for humane legislation. mills at "
inspectors in each state for hundreds — Together, we're making an impact and saving
sometimes thousands — of licensed breeding lives. Join us and help bring about a time when Ir we can Save Them All.
facilities. every dog can feel safe, happy and loved.
Jay Thompson
From: ginny <gfinla@msn.com>
Sent: Monday, September 14, 2015 12:58 PM
To: Jay Thompson
Subject: FW: Ban pet stores selling pets in PS
> From: Ginnv.Foat@palmsprings-ca.gov
>To: gfinla@msn.com
>Subject: FW: Ban pet stores selling pets in PS
> Date: Mon, 14 Sep 2015 19:57:30 +0000
> -----Original Message-----
• From: Paula Walters [mailto:paula@paulawdesign.com)
> Sent: Monday, September 14, 2015 11:25 AM
> To: Steve Pougnet
> Cc: Ginny Foat
> Subject: Ban pet stores selling pets in PS
> Thank you for your time.
> This brief letter is to support the ban of opening pet stores in Palm Springs that allow "selling" pets.
> I encourage our citizens to realize the importance of adopting from our shelter.
> We need to continue to be a city that sets examples and that is a trailblazer for positive and forward thinking
agendas and policies.
>Thank you both for ALL you have done for Palm Springs.
> Best,
> Paula Walters
> (30 year PS resident)
> (PS Animal Shelter volunteer )
>Sent from my iPhone
� it, � 2cIS
i
From: Marilyn Ramos [mg[(ta:maril nr& hoalaw.com]
Sent: Wednesday, September 16, 2015 10:36 AM
To: Ginny Foat
Subject: URGENCY ORDINANCE AND NON-URGENCY ORDINANCE PROHIBITING THE RETAIL SALE OF DOGS
AND CATS WITHIN THE CITY OF PALM SPRINGS
Dear Ms. Foat,
I am a resident of Cathedral City (Cimarron Cove, just over the Ramon Rd. bridge) and
work in Palm Desert but spend the majority of my free time (and money) in Palm
Springs. As a supporter of several rescue groups in the Coachella Valley and an overall
advocate for animals, I strongly support the ordinance prohibiting the retail sale of dogs
and cats within Palm Springs. Approximately 2.7 million cats and dogs are euthanized
across our country each year because not enough homes can be found for them and
the shelters are full. It is unconscionable to me that people breed dogs, especially for
outrageous profits, while so many get killed each year (not to mention the likely
inhumane conditions in which these animals are raised). Those seeking purebred dogs
can usually find them at shelters or through rescue groups who specialize in particular
breeds. They are not difficult to find. Many cities across America have seen the light on
the connection between puppy mills, pet stores and the killing that results from that in
our shelters. I ask that Palm Springs help lead the way and join other cities in doing
what is best for the companion animals who already exist and need good homes. We
simply don't need to add to the dog and cat population by allowing the sale of dogs and
cats specifically bred for profit. Please vote YES for this ordinance. Thank you for your
time.
Ste.
7fla�il��c Z'afxoa, �anafegae
40004 Cook Street, Suite 3, Palm Desert, CA 92211
760/340-1515 (p); 760/568-3053 (f)
Please contact Victoria Miller at VictoriaM kgghoalaw.com if you would like a copy of our 29th
Annual Legislative Update.
The information contained in this electronic mail transmission is confidential and intended to be sent only to the stated
recipient of the transmission. It may therefore be protected from unauthorized use or dissemination by the attorney-client
and/or attorney work product privileges. If you are not the intended recipient or the intended recipient's agent, you are
hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. You
are also asked to notify the above firm immediately at gg@Qghoalow.com or by telephone and destroy all copies of the original
message. Thank you in advance for your cooperation.
Jennifer Nelson
From: Steve Pougnet
Sent: Wednesday, September 16, 2015 4:51 PM
To: Jennifer Nelson
Subject: FW: Pet Store Ban
Attachments: Pet Stores.pdf
From: tanya petrovna
Sent: Wednesday, September 16, 2015 4:48:17 PM (UTC-08:00) Pacific Time (US&Canada)
To: Steve Pougnet
Subject: Pet Store Ban
I am requesting your support for the proposed Palm Springs urgency and non-urgency ordinances banning the retail sale of cats and
dogs in our progressive City of Palm Springs, California.
These stores sell pets for onwards of$1,000 with no adoption counseling to match the needs of the buyer with that of a specialty pet.
They don't use selected breeders and the selection of breeds they sell are many, always claiming"more breeds available."
When the young animals are born and do not match the look of the perfect"sale,"have congenital birth defects, are sick,or just
outgrow their cute puppy or kitten stage they are discarded, and often to local shelters.
Myself and many others volunteered time and donated dollars to our local shelter in hopes to move it in a direction of no kill and it is
indeed happily going that way. Millions have been spent to build our shelter with this purpose in mind, and all the time and efforts our
community has made to create the programs and services to keep our goals in motion, all get reduced severely(undermined) in the
face of retail outlet selling puppies and kittens.
While Palm Springs doesn't kill,we still feel the influx of all the animals that breed because they are not altered, adding to the increase
in population over all the cities in the Coachella Valley. In the past month alone, I have picked up four puppies wandering our streets
that were purebred and have had to use Citizens On Patrol services to take them after hours to our shelter, and now all the costs of
those puppies get passed to our shelter. If only 113 of dogs brought through breeders were adopted from shelters,we would end
the unnecessary euthanasia of dogs in the entire Coachella Valley and would reduce the numbers at our shelter(see
attached).
These pets are also sold unaltered,adding to the increased population that we try so hard to curtail.
Resources are already spread thin and tax our community,for example inspections by our local animal control officers would need to
be made regularly as we have learned from our neighbors in San Diego. They have had to investigate, prosecute,and close down three
stores and regularly have calls and complaints to the remaining pet stores that sell live animals in the townships that have not banned
them.
The puppy mills where these sweet animals are constantly bred to supply the sellers monetary desires are cruel, and of a very non-
progressive mindset.
Palm Springs is a progressive and compassionate community and we should not be having these kinds of retail stores in our city limits.
Many towns are banning them. Palm Springs needs to at least be as progressive as Chula Vista, Ca.which has banned them. The
added press that protestors who visit these kinds of pet shops is not the press Palm Springs deserves.
1
Coachella Valley 2014
DOGS ADOPTED 5,575
DOGS EUTHANIZED 1 ,681
M �a�� ono RUPT oo M Am NOR
MpQ MEW ONTO MMmo
♦ 1►
Public, 43.0% Puppy Mills, RON �T
Breeders & Pet
Stores, 28.0% �OI�J���� T MDT
Ivr,
Shelters % Rescues, 29.0%
v
�� Source: ASPCA, CVAC, PSAS, PRC r
Please support this ban.
Tanya Petrovna
2079 E. Paseo Grace
Palm Springs, CA 92262
760-333-4200
Eat Peace,
Tanya Petrovna
Vegan Chef& Cooking Entertainer
www.cheftanyapetrovna.com
Chef/Creator, Past President,Native Foods (1994-2012)
Life is short, do it(t)all!
2
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: September 16, 2015
Subject: Ordinance No. 1887
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
September 30, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
�Cµ�
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, 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 September 28, 2015.
1`declare under penalty of perjury that the foregoing is true and correct.
1Q
Kathie Hart, MMC
Chief Deputy City Clerk
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 2 E G E i V E L'
760-7784578/Fax 760-7784731 ' Or PALM 5 P n'I'
State Of California ss: 2015 OCT —5 PM 23 28
County of Riverside J t.H 5 1 HWIP�O i i
CWY CLERK
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0000759028
RE: No 1396 ORDINANCE NO. 1887 AN
URGENCY ORDINANCE OF THE CITY
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
pariel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates,to wit:
Newspaper:The Desert Sun
9/30/2015
1 acknowledge that I am a principal clerk of the No 1395
printer of The Desert Sun, printed and ORDINANCE No.1627
AN URGENCY ORDINANCE OF THE
published weekly in the City of Palm Springs, Cnv of PALM SPRINGS,CALIFORNIA,
County of Riverside, State of California.The ADDING RINGS MUNICIPAL
To THE
PALM SPRINGS MUNICIPAL CODE,
PROHIBmNG THE RETAIL SALE OF
Desert Sun was adjudicated a Newspaper of DOGS AND CATS WITHIN THE CnY
general circulation on March 24, 1988 by the TTAAINAEEXXCEPTIONSS.WSth oVejEcr Fw Re,
Superior Court of the County of Riverside, yuaea.)
QyAttorn .Summeryry
State of California Case No. 191236. This urgency Ord�iance aibits the
tale of dogs and cats from retail es-
tablishmentt within the City of Palm
Springs,subject to certain azceptium
cornmencing on the date of its adop-
tion. This Ordinance will go into ef.
fact upon adpption.
CERTFICATION
I declare under penalty of perjury that the COUNryF FRIIVERSID
COUNfY OF RIVERSIDEL
foregoing is true and correct. Executed On CITY OF PALM SPRINGS
this 30th day o SEPTEMBER, 2015 in Palm ILAMES THOMPSOH, s, Clark of
the Oily a Palm Urgency
qI's do hereby
, C rnia. «m{{yy that Urgency d corrects copy,
Springs and77s s Introduced
true,end correct copy,
and was Introduced and n ed rt
day regular
Septeember,r, 2015,ld by the fo4
th
I.Ing vote:
AYES: Councllmember Fort, Mill&
HIV s1� Mayor Pro Tern Lavin, and Mayor
NOES:at None
ABSENT: Counalruember HutchesonN
ABSTAIN: None
LAMES THOMPSON,CITY CLERK
Cr{y of Palm 5prirgs California Pn is had:91WI
ORDINANCE NO. 1887
AN URGENCY 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. (4/5ths Vote Required.)
City Attorney Summary
This Urgency 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. This Ordinance will go into effect upon adoption.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, do hereby certify
that Urgency Ordinance No. 1887 is a full, true, and correct copy, and was introduced
and adopted at a regular meeting held on the 16th day of September, 2015, by the
following vote:
AYES: Councilmember Foat, Mills, Mayor Pro Tern Lewin, and Mayor Pougnet
NOES: None
ABSENT: Councilmember Hutcheson
ABSTAIN: None
� _, f
MES THOMPSON, CITY CLERK
ity of Palm Springs, California
ORDINANCE NO. 1887
AN URGENCY 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. (4/5ths Vote Required.)
City Attorney Summary
This Urgency 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. This Ordinance will go into effect upon adoption.
The City Council of the City of Palm Springs finds:
A. Existing state and federal laws regulate dog and cat breeders, as well as pet
stores that sell dogs and cats. These include the Lockyer-Polanco-Farr Pet Protection
Act (California Health and Safety Code Section 122125 et seq.); the Polanco-Lockyer
Pet Breeder Warranty Act (California Health and Safety Code Section 122045 et seq.);
the Pet Store Animal Care Act (California Health and Safety Code Section 122350 et
seq.); and the Animal Welfare Act ("AWA") (7 U.S.C. Section 2131 et seq.).
B. The Lockyer-Polanco-Farr Pet Protection Act requires pet dealers (i.e., retail
sellers of more than fifty dogs or cats in the previous year; not including animal shelters
and humane societies) to have a permit, maintain certain health and safety standards
for their animals, sell only healthy animals, and provide written spay-neuter, health,
animal history and other information and disclosures to pet buyers. If after fifteen days
from purchase a dog or cat becomes ill due to an illness that existed at the time of sale,
or if within one year after purchase a dog or cat has a congenital or hereditary condition
that adversely affects the health of the dog or cat, an owner is offered a refund, another
puppy or kitten, or reimbursement of veterinary bills up to one hundred and fifty percent
of the purchase price of the puppy or kitten.
C. The Pet Store Animal Care Act requires every pet store that sells live companion
animals and fish to formulate a documented program consisting of routine care,
preventative care, emergency care, disease control and prevention, veterinary
treatment, and euthanasia.
D. The Polanco-Lockyer Pet Breeder Warranty Act offers protection similar to that of
the Lockyer-Polanco-Farr Pet Protection Act, except that it applies only to dog breeders
who sold or gave away either three litters or twenty dogs in the previous year.
E. The Animal Welfare Act requires, among other things, the licensing of certain
breeders of dogs and cats. These breeders are required to maintain minimum health,
safety and welfare standards for animals in their care. The AWA is enforced by the
United States Department of Agriculture ("USDA").
F. According to The Humane Society of the United States, American consumers
purchase dogs and cats from pet stores that the consumers believe to be healthy and
genetically sound, but in reality, the animals often face an array of health problems
including communicable diseases or genetic disorders that present immediately after
sale or that do not surface until several years later, all of which lead to costly veterinary
bills and distress to consumers.
G. A review of state and USDA inspection reports from more than one hundred
breeders who sold animals to the nation's largest retail pet store chain revealed that
more than sixty percent of the inspections found serious violations of basic animal care
standards, including sick or dead animals in their cages, lack of proper veterinary care,
inadequate shelter from weather conditions, and dirty, unkempt cages that were too
small.
H. A 2005 undercover investigation of California pet stores revealed that nearly half
of the pet shops visited displayed animals that showed visible signs of illness, injury, or
neglect, and nearly half of the stores also sold animals showing clear symptoms of
psychological distress.
I. 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 stores.
Because of the lack of proper animal husbandry practices at these facilities, animals
born and raised there 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.
J. According to USDA inspection reports, some additional documented problems
found at puppy mills include: (1) sanitation problems leading to infectious disease; (2)
large numbers of animals overcrowded in cages; (3) lack of proper veterinary care for
severe illnesses and injuries; (4) lack of protection from harsh weather conditions; and
(5) lack of adequate food and water.
K. While "puppy mill" puppies and "kitten factory" kittens were being sold in pet
stores across the (Geographic Area to be defined; number of dogs and cats euthanized
in such area).
L. The homeless pet problem notwithstanding, there are many reputable dog and
cat breeders who refuse to sell through pet stores and who work carefully to screen
families and ensure good, lifelong matches.
M. Responsible dog and cat breeders do not sell their animals to pet stores. The
United Kennel Club (UKC), the second oldest all-breed registry of purebred dog
pedigrees in the United States and the second largest in the world, asks all of its
member breeders to agree to a code of ethics which includes a pledge not to sell their
puppies to pet stores. Similar pledges are included in codes of ethics for many breed
clubs for individual breeds.
N. Within the past year, there has been significant community activity within the City
of City of Palm Springs and across the Coachella Valley to convince local pet store
operators to convert from puppy sales to a humane business model offering adoptable
homeless dogs and cats to their customers.
O. Across the country, thousands of independent pet stores as well as large chains
operate profitably with a business model focused on the sale of pet services and
supplies and not on the sale of dogs and cats. Many of these stores collaborate with
local animal sheltering and rescue organizations to offer space and support for
showcasing adoptable homeless pets on their premises.
P. 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.
Q. The City Council finds that the current state of retail sale of dogs and cats in pet
stores in the City of Palm Springs is inconsistent with the city's goal to be a community
that cares about animal welfare.
R. The City Council believes that eliminating the retail sale of dogs and cats in pet
stores in the city will promote community awareness of animal welfare and, in turn, will
foster a more humane environment in the city.
S. The City Council believes that elimination of 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.
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.
(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.. Findings. The adoption of this Urgency Ordinance is necessary for the
immediate protection of the public peace, health, and safety by ensuring the timely and
orderly consideration, adoption, and implementation of a prohibition on retail sales of
dogs and cats in the City of Palm Springs. In accordance with Section 312 of the Palm
Springs City Charter, the City Council of the City of Palm Springs finds and determines
that the adoption of this Urgency Ordinance is necessary to ensure the immediate
protection of the public peace, health, and safety.
Section 4. Effective Date. The City Council hereby declares, on the basis of the
findings set forth in the Recitals and in Section 3 above, that an urgency ordinance is
warranted and that this Ordinance is necessary to preserve the public peace, health and
safety. Accordingly, this Ordinance is adopted as an urgency ordinance and shall take
effect and be in force immediately upon its adoption.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 16th DAY OF SEPTEMBER, 2015.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, do hereby certify that
Urgency Ordinance No. 1887 is a full, true, and correct copy, and was introduced and adopted
at a regular meeting held on the 161h day of September, 2015, by the following vote:
AYES: Councilmember Foat, Mills, Mayor Pro Tern Lewin, and Mayor Pougnet
NOES: None
ABSENT: Councilmember Hutcheson
ABSTAIN: None
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California