HomeMy WebLinkAbout2006/11/21 Item 9
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/21/06
q
ITEM TITLE:
Ordinance Amending Chula Vista Municipal Code Title 6
"Animals" to add Chapter 6.30 entitle~ Animal Sales, and Sections
6.30.010 and 6.30.020
SUBMITTED BY:
Director of Ge~ Services () ~~.
City Manager r/ J
(4/Sths Vote:
No
x )
REVIEWED BY:
The purpose of this report is to implement a new ordinance related to animal control services in
the City of Chula Vista. The ordinance will make it a misdemeanor to give away, offer for sale,
or to transfer any animal, bird, or reptile on public property or private property open to the
public.
The intent of this law is to discourage indiscriminate breeding that results in unwanted animals
and to discourage the "impulse buying" of pets. These unwanted pets often end up as stray or
owner relinquished animals at the Chula Vista Animal Care Facility. The new ordinance will be
effective thirty days after final approval by the Council.
RECOMMENDATION: That Council adopt ordinance.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
The City of Chula Vista has been in the business of providing animal control services since
1923. Since the construction of a new Animal Care Facility in October 2002, animal intake
numbers have continued to rise and daily inventory of animals average 300-500. As the City of
Chula Vista experiences continued growth, the unwanted animal population increases. The total
number of animals processed into the Chula Vista Animal Control Facility (CV ACF) during
calendar year 2003 was 7,675 animals. The total number in 2005 was 9,209 animals. This
represents a 20 percent increase in intakes over a two-year period. If this trend continues, the
Chula Vista Animal Care Facility will be unable to accommodate the number of unwanted
animals in our community.
Responsible pet ownership is achieved by education, outreach, and enforcement activities. The
CV ACF promotes various spay/neuter programs for our residents. The Spay and Neuter Project
(SNAP) offers low-cost spay/neuter programs to our residents and contract cities, Lemon Grove,
National City and Imperial Beach. In addition, the CV ACF staff provides nearly 100 tours,
educational programs, and attends adoption events each year to promote responsible pet
ownership and spay/neuter programs.
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Page 2, Item.L
Meeting Date 11/21/06
Despite educational and outreach efforts, the number of unwanted pets continues to increase in
our community. An additional threat to the stabilization of our animal population is the sale of
"designer breed" puppies smuggled from Mexico. These puppies are sold at street comers,
parking lots, and flea markets in San Diego County. It has been estimated by a multi-county
agency Border Puppy Task Force that as many as 10,000 young puppies have entered San Diego
from Mexico this year. Chula Vista is a target for these sales, and scores of sick puppies have
been turned into the CV ACF after purchase from local street vendors. Puppies brought to the
CV ACF are commonly infected with a highly contagious, lethal virus that threatens the lives of
other shelter animals.
In 2006, the State of California passed Penal Code 597z, making it a misdemeanor for any
person to sell dogs less than eight weeks of age. National City recently passed a law prohibiting
the sale of puppies and kittens in public places (NCMC 8.32.050). The City of Irvine has also
recently passed a law that also prohibits the sale of puppies and kittens in public places. (Sec. 4-
5-1107). "Guidelines for Purchasing Pets" published by the San Diego Humane Society warn
against "sellers who want to meet in parking lots or street comers" and against "buying on
impulse. "
Rabbits, chicks, and ducklings are also commonly sold at local swap meets and in parking lots.
The result is an influx of unwanted, mature chickens, roosters, and rabbits arriving at the
CV ACF months later, when the "novelty" wears off or the animals have progeny. In 2003, the
CV ACF received 150 rabbits into the facility. In 2005, the numbers increased to 181, an
increase of 20 percent. Although the CV ACF promotes a strong rabbit adoption program, homes
cannot be found for all of the unwanted rabbits that arrive at the facility. Many California
communities, such as Irvine, have also adopted laws prohibiting the sales of such "novelty"
animals.
The new ordinance will discourage residents from breeding their animals and then selling or
giving away unwanted progeny of any age in public places. Puppy smugglers from Mexico will
not be able to use Chula Vista parking lots and malls as puppy sale centers, and residents will be
discouraged from buying 'novelty' rabbits, chicks, and ducklings. This legislation will reduce
the number of unwanted animals in our community and at the Chula Vista Animal Care Facility.
The ordinance is needed to protect public health, safety, and welfare. Animal Control officers
routinely patrol malls and parking lots for illegal sales of puppies under eight weeks of age.
Adoption of the ordinance will strengthen enforcement abilities.
Decision Maker Conflicts
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific. It involves all public places throughout the city, affecting the public generally.
FISCAL IMPACT: There is no impact to the General Fund.
M:\General Services\GS Administration\Council Agenda\ACF\Sale ordinance staff report REVISED.doc
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30,
ENTITLED ANIMAL SALES, AND SECTIONS 6.30.010 AND
6.30.020
WHEREAS, the City of Chula Vista has been in the business of providing animal control
services since 1923; and
WHEREAS, since the construction of a new Animal Care Facility in October 2002,
animal intake numbers have continued to rise and daily inventory of animals average 300-500;
and
WHEREAS, there has been a 20 percent increase in animal intakes over a two-year
period; if this trend continues, the Chula Vista Animal Care Facility (CV ACF) will be unable to
accommodate the number of unwanted animals in our community, causing concern for public
health, safety, and welfare; and
WHEREAS, responsible pet ownership is achieved by education, outreach, and
enforcement activities, and the CV ACF promotes various spay/neuter programs for residents;
and
WHEREAS, despite educational and outreach efforts, the number of unwanted pets
continues to increase in our community; and
WHEREAS, an additional threat to the stabilization of our animal population is the sale
of "designer breed" puppies smuggled from Mexico, with the multi-agency Border Puppy Task
Force estimating that as many as 10,000 young puppies have entered San Diego County from
Mexico this year; and
WHEREAS, rabbits, chicks, and ducklings are also commonly sold at local swap meets
and in parking lots; in 2003, the CV ACF received 150 rabbits into the facility; in 2005, the
numbers increased to 181, an increase of 20 percent; and
WHEREAS, it is the intent of the City Council of the City ofChula Vista in enacting this
ordinance to discourage residents from breeding their animals and then selling or giving away
unwanted progeny of any age in public places; to reduce the number of unwanted animals in the
city and at the Chula Vista Animal Care Facility; and to strengthen enforcement abilities.
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NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Title 6 (Animals) of the Chula Vista Municipal Code is amended to
add Chapter 6.30, entitled Animal Sales, and Sections 6.30.010 and 6.30.020, to read as
follows:
6.30.010 Sale of animals, birds, or reptiles on public property or on private property
open to the public prohibited.
It is unlawful to give away, offer for sale, sell, exchange, or transfer for any form of
consideration, or for no consideration, any animal, bird, or reptile on public property
or on private property open to the public, including, but not limited to, areas in front
of stores, commercial shopping areas, commercial park areas, swap meets, and
auctions.
6.30.020 Exceptions
Section 6.30.010 shall not apply to:
A. Any legally recognized non-profit charitable organization that provides or
contracts to provide services as a public animal sheltering agency.
B. Any legally operated business that sells animals, birds, or reptiles in its normal
course of business.
C. Any non-profit animal rescue or adoption organization.
D. Any gift, sale, exchange, or transfer of any animal, bird, or reptile on public
property or on private property open to the public that is authorized by federal or
state law.
SECTION II: Effective date.
This ordinance shall take effect thirty days after final passage.
Presented by:
Approved as to form by:
I.-~~
Jack Griffin
Director of General Services
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