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 (California Health and Safety Code Section 122125 et seq.) requires pet dealers (i.e., retail sellers of more than fifty (50) dogs or cats in the previous year; not including publicly operated 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 (15) days from purchase a dog or cat becomes ill due to an illness that existed at the time of sale, or if within one (1) 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 (California Health and Safety Code Section 122350 et seq.) 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 (California Health and Safety Code Section 122045 et seq.) 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 (3) litters or twenty (20) dogs in the previous year.
E. The Animal Welfare Act ("AWA") (7 U.S.C. Section 2131 et seq.) 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. The purpose of this chapter is to regulate pet shops and kennels (as defined herein) and provide clear guidelines on the standard of care required within the city to adequately protect the health, safety, and public welfare of the community when purchasing animals from a pet shop and/or kennel.
(Ord. 2574 §1)