CA AB 339 - animal sales in public places

California State Assembly

Public Safety Committee

1020 N. Street (LOB) Room 111

Sacramento, CA 95814

916-319-3745 fax

Re: CA AB 339: Malicious mischief: live animals (Dickinson): OPPOSE

REQUEST TO BE LISTED IN OFFICIAL OPPOSITION IN BILL ANALYSIS

Dear Chairman Ammiano and committee members,

The California Federation of Dog Clubs, founded in 1990, represents thousands of dog owners across our state. We are advocates for animal welfare and for protecting the rights of responsible dog owners. The CFoDC conducts breed identification workshops for shelter workers, distributes a dog care and training brochure for new owners who adopt from shelters, and provides a toll-free help line for pet owners who are struggling with behavior or training problems. We also maintain and administer a relief fund for animals affected by disasters such as earthquakes or fires. CFoDC supports animal legislation that is beneficial to society and to animal welfare.

The CFoDC is OPPOSED to CA AB 339.

Although a similar measure passed the state legislature last year, the sales of animals in public venues is not an inherently cruel or immoral activity. The fact that certain "exemptions" can be proposed tells us that the act of selling animals in public is not a reprehensible act worthy of legal prohibition. In fact, animals have been sold in public venues since time immemorial. It is important to note that, despite the picture painted by bill proponents, dogs and cats are not often sold in swap meets or flea markets. Many other animals such as pet birds, reptiles, chickens, and livestock are commonly sold in public venues without any detriment to public safety.

Please reject AB 339.

Sincerely yours,

Geneva Coats, R.N.

Secretary, California Federation of Dog Clubs

cc:Tom Ammiano, Melissa A Melendez, Reginald B. Jones-Sawyer, Sr., Holly J. Mitchell, Bill Quirk, Nancy Skinner, Marie Waldron

LA - Mandatory Sterilization & Breeder Restrictions

 

Los Angeles to Consider Mandatory Spay/Neuter on 2^nd Impound & Breeder Restrictions Tuesday January 15^th – Your Opposition Needed!

January 11, 2013

The Los Angeles City Council's Personnel and Animal Welfare Committee will consider modifications to the current mandatory spay/neuter ordinance to  require spay/neuter for any licensed dog that is impounded twice, and will remove exemptions in current law for dogs that have earned or are being trained for and are in the process of earning a title in agility, carting, herding, hunting, working or other title. It will also require anyone who holds a breeding permit to submit to an inspection by the Los Angeles Department of Animal Services. The measure will further require breeders to implant all dogs sold with a microchip, "to maintain the breeder's identity as well as that of the new owner's" on the microchip.  A draft of the ordinance and the city attorney's report can be seen here.

In January 2008, The City of Los Angeles adopted a mandatory spay/neuter ordinance in January 2008 requiring that all dogs and cats be sterilized unless the animal qualified for an exemption or the owner purchased a breeding permit. This proposed ordinance would modify that law in several important ways. Please scroll down for a list of the specific provisions.

Los Angeles Personnel and Animal Welfare Committee Meeting

Date: Tuesday, January 15, 2013

Time: 3:00 PM

Location: Los Angeles City Hall, 200 N. Spring Street, Room 1050, Los Angeles, CA 90012

What You Can Do

• Attend the committee hearing and speak in opposition to this proposal.
• Contact the members of the Personnel and Animal Welfare Committee and ask for their opposition to this proposal.  Contact information for members of the Personnel and Animal Welfare Committee is as follows: 

District 5 – Paul Koretz
200 N. Spring Street, Rm 440
Los Angeles, CA 90012
(213)473-7005
paul.koretz@lacity.org

District 7 - Richard Alarcón
200 N. Spring Street, Rm 425
Los Angeles, CA 90012
(213)473-7007
Councilmember.alarcon@lacity.org

District 3 - Dennis P. Zine
200 N. Spring Street, Rm 450
Los Angeles, CA 90012
(213) 473-7003
Councilmember.zine@lacity.org

Provisions of the Proposed Ordinance:

• Establishes additional requirements for qualifying registries.
   
• Eliminate the current exemption for dogs that have earned, or if under 3 years of age, is actively being trained and in the process of earning an agility, carting, herding, protection, rally, hunting, working, or other title from a registry or association approved by the Department. The report from the Board of Animal Services Commission indicates that few exemptions have been provided under this section, but they expressed concern about the qualifying guidelines for the registries and the fact that are no accepted professional standards or licensing procedures for animal training that can be used to validate an exemption request.
  
  It is AKC's position that no proof has been provided that this exemption is being abused in any way, nor that the requested exemptions lack legitimacy.   Further, all organizations who administer these types of competitions and events have performance standards. The animals participating in these events must demonstrate specific physical prowess or skills in order to compete. The fact that they are trained by owners or others who are not licensed is immaterial. Many service animals are owner-trained in the same way that children may be homeschooled with success. It is the outcome, provided here by the participation in challenging events, that provides the justification.  

 

• Establishes additional requirements to qualify for a medical exemption. 

• Delete references to the Spay/Neuter Advisory Committee which completed its work in 2009.
   
• Adds a section requiring any impounded dog be sterilized by the department before release or by the owner's veterinarian within 7 days.
   
• Requires that an animal be sterilized upon a 2^nd impoundment without exception. This would mean that owner's in possessions of an intact animal permit and/or a breeding permit would be forced to sterilize their animal.  The AKC does not believe that this is a reasonable standard. A dog could get out as a six-month old puppy and then again five years later when a gardener or meter reader left a gate unlocked. This is not truly indicative of an irresponsible owner.
   
• Provides that an owner may request an administrative hearing if they object to the decision to require the animal to be sterilized.  This section contains references to fines and impound fees accruing during the period from the notification to the hearing. It appears that an owner would not be able to reclaim a dog that is intact until the hearing is complete. This is unreasonable for both parties as it contributes to overcrowding in the shelter and does not allow the owner to care for their animal in their own home. Even in the case of rabies animals are allowed to quarantined at the owner's home. AKC believes that these provisions need to be clarified to allow an animal to be returned to the owner until a final decision is reached or be deleted in their entirety.
   
• Requires that owners be liable for fines and penalties even if they transfer or abandon the animal.  The AKC supports this provision as current law incentivizes abandonment by irresponsible owners who seek to avoid paying fines. This policy would encourage owners to reclaim their pets.
   
• Directs the department to periodically clarify and publish definitions for terms such as "registry," "recognized national association," "actively used to show and compete" and so forth.  The AKC believes that terms should be clearly defined within the statute and not subject to arbitrary changes at the department level. Providing definitions within the statute provides a consistent framework for resident pet owners and allows them to provide input to elected officials should changes to these definitions be proposed.
   
• Requires breeding permit holders to implant each offspring with an animal identification device identifying the breeder and owner of the animal. Upon transfer of ownership, the identity of the breeder must remain listed along with the identity of the new owner.
  
  This section demonstrates a lack of understanding about how microchips and microchip registries operate. Microchips themselves do not contain any information, rather when scanned they display a unique number which can be used to access the owner's information in the database of a microchip registry. According to AKCCAR (the largest microchip registry in the world), if the chips are purchased directly by a breeder then the system will retain their information as the point of sale. However, if the chip is purchased from a veterinarian, shelter or public group then no such record will exist. A breeder could register the chip initially but the new owner would be able to remove that information at his/his discretion. The breeder has no control over the information and therefore it is not reasonable to require that their contact information remain associated with a specific microchip. 

 

• Requires holders of breeder permits to submit to inspection by the Department.  AKC opposes warrantless searches of private property and does not believe animal owners should waive their constitutional rights simply because they choose to own an intact animal or breed a litter of puppies. If evidence of animal neglect or cruelty exists then a warrant can be obtained under the current law. A warrant is required to search the homes of those suspected of major felonies, the standards should not be less for dog breeders.  Further, no standards for breeders are specified in this legislation or in the current code so it is unclear on what basis breeders would be judged.

 

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Jan 15th - Los Angeles County Kennel Owners Meeting

KENNEL OWNERS UPDATE MEETING


It has been eight months since the Southern California Kennel Owners and Breeders Association began meeting with Los Angeles County regarding Regional Planning’s (Zoning’s) interpretation of the ordinance regarding breeding dogs and cats in kennels licensed by the L.A. Department of Animal Control as breeding facilities. As some of you know, L.A. County Regional Planning has again interpreted Title 22 (Zoning) as a ban on breeding on A2 properties.

During these months, we've progressed in various ways. SCKOBA Officers twice met with representati ves from Supervisor Antonovich’s office, (Norm Hickling), Regional Planning, DACC, Local Zoning Department, LA Fire Department, and staff from the upcoming Town and Country zoning changes. Regional Planning agreed to not enforce or implement the ‘no breeding’ rule for established kennels that were compliant with other zoning ordinance regulations, but this was a tenuous concession.

In order to explain all of the ramifications of the past year's efforts and accomplishments and to bring all kennel owners up to date on these and other recent relevant developments, SCKOBA invites all kennel owners to a meeting on:



January 15, 2013

4-6:45 P.M.

Acton Aqua Dulce Library

33792 Crown Valley Rd

Acton, CA 93510



Looking forward to seeing you there!

Dick Greaver,President

SCBOA Officers/Board

Dick Greaver, President
Paul Starjack, Vice President
Cathy Sauer, Secretary/Treasurer
Dick Shaefer, Board Member
Bernadette Quercio, Board Member

TOMORROW!!!: Chula Vista City Council to Consider Ordinance Regulating Pet Sellers

From: "AKC's Government Relations Department" <mba@akc.org>
Date: September 10, 2012 1:31:50 PM PDT
Subject: Chula Vista City Council to Consider Ordinance Regulating Pet  
Sellers
 
Chula Vista City Council to Consider Ordinance Regulating Pet Sellers
 
 
Please forward this information onto club members and responsible dog  
owners in the Chula Vista area. We apologize for the late notice; we  
only became aware of this ordinance today.
 
TOMORROW, SEPT. 11, the Chula Vista Council will consider an ordinance  
which will place specific requirements on "pet sellers," including  
requiring them to submit to inspections and requiring that intact  
males and females be kept separately unless they are being bred. In  
2011, the council adopted language which defines a "pet seller" as  
"anyone who sells more than two dogs and/or cats in Chula Vista in a  
12-month period."  This low threshold means that a person who has sold  
a single litter of puppies or kittens is considered to be a pet  
seller. As Chula Vista does not currently have any kennels, pet owners  
in residential homes are the sole targets of the proposal. Responsible  
owners and breeders are encouraged to attend the meeting and ask that  
this ordinance be revised with more complete definitions and  
appropriate provisions.
 
The draft of the ordinance can be seen here (Item 7 begins on page 103).
 
AKC has numerous concerns about the vagueness of the ordinance  
language and its potential negative impact on responsible breeders and  
owners in Chula Vista.
 
• The most concerning section is Section L, which allows the city to  
inspect pet sellers if there is a complaint.  However, it is unclear  
how exactly a pet seller will be impacted. For example, if a litter of  
puppies is whelped in January, sold in March, and a complaint is filed  
in December, is that person considered a "pet seller" and subject to  
inspection even if the puppies are no longer on the premises? What do  
the complaints need to be in regards to? What will be the criteria of  
the inspection? Does it only encompass those items listed in Section  
6.30.040, the full animal control code, or other items not mentioned?  
What will be the result of an unsatisfactory inspection – warning,  
fine, confiscation of animals? What will the scope of the inspection  
be given that these are private residences? Will residents be expected  
to allow animal control (or another agency) unfettered access to all  
areas of their homes? What happens if a resident refuses to allow  
inspectors to enter? What happens if the resident is not home? The AKC  
believes this provision has the potential to significantly impact a  
responsible breeder or owner and yet very few details about its  
administration are provided.
• Section I prohibits housing males and females together unless they  
are being bred. This demonstrates a lack of knowledge about canine  
biology. A female dog can only become pregnant when she is "in  
season," something which occurs twice a year. It is unreasonable to  
require pet owners to keep unaltered animals separate at all times.
• In other sections the proposal lacks key definitions, such as  
"primary enclosure" and "kennel house" in Section H. If these  
provisions applied to commercial kennels, it might be possible to  
infer their meaning.  However, the proposal deals with household pets  
in residential settings and as a result is less clear. For example,  
does an animal need to spend a specific amount of time in a "primary  
enclosure" every day for it to be required to meet the space  
requirements? The code section containing the space requirements is  
for commercial kennels, yet it may now be applied to residential homes  
without revision.
• Similarly, in Section D the proposal requires water receptacles to  
be secured to prevent it from being tipped over. It is unclear if a  
water bowl on the ground would be acceptable. Again, this provision  
seems suited for commercial kennels, not private homes.
Given the breadth of these concerns, the AKC believes a more prudent  
course of action may be to redraft the proposal with more specific  
details so that pet sellers, residents and animal control can all have  
a clear understanding of what is required and how it will be enforced.
 
What You Can Do
 
• Attend the Chula Vista City Council Meeting on Tuesday September  
11th and speak against the proposed ordinance.
Chula Vista City Council Meeting
 
Date: Tuesday, September 11th, 2012
 
Time: 10 AM
 
Location: Council Chambers, 276 Fourth Avenue, Chula Vista, CA 91910
 
The measure is currently on the Consent Calendar but it can be removed  
by a city council member or a citizen for discussion. If the item is  
passed without being removed, it will appear on the agenda for  
September 25th for final adoption.
 
• Contact the Mayor and City Council members and ask them to oppose  
this ordinance as drafted.
Mayor and City Council Office
 
Phone: (619) 691-5044
 
Fax: (619) 476-5379
 
Mayor Cheryl Cox
 
Click here to email her using the city's web form
 
Councilmember Rudy Ramirez
 
Email: rramirez@ci.chula-vista.ca.us
 
Councilmember Patricia Aguilar
 
Click here to email her using the city's web form
 
Councilmember Pamela Bensoussan
 
Email: pbensoussan@chulavistaca.gov
 
Councilmember Steve Castenada
 
Email: scastaneda@chulavistaca.gov
 
 
For more information, please contact the AKC Government Relations  
Department at 919-816-3720, or email doglaw@akc.org.
 
 
 

HSUS attacks AKC over the proposed APHIS Regulations

Permission given to forward.  If you want to save your right to breed dogs and show them and have them as pets, You have until JULY 16 to put your name down as being opposed to these regulations.  All of the ways to respond are below

Stop APHIS from taking away the right of small breeders from selling to the public quality pets. 
View the proposed rules at:
http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR%252BPS;rpp=25;po=0;D=APHIS-2011-0003
Comment at: http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0003-0001
Sign the AKC petition to stop the APHIS rules and regulations: http://www.gopetition.com/petitions/join-with-the-akc-to-protect-responsible-small-breeders.html
Send a letter to your Senators and Congress to let them know what the USDA is doing; It is easy and painless!:
http://the-cavalry-group.rallycongress.com/6980/urge-congress-take-action-to-support-cavalry-group-mission/?m=3179346

Send a letter to Agricultural Secretary Vilsack:
http://www.thecavalrygroup.com/letter1.php

If you don't think they are after you, read this biased article that is presented by ABC news.

 http://tinyurl.com/7jhp5j5

Humane Society Accuses American Kennel Club of Protecting Puppy Mills

In what could become a nasty dogfight, the Humane Society of the United States alleged today that the American Kennel Club is thwarting efforts to prevent animal cruelty by blocking laws that would crack down on so-called "puppy mills, and is also blocking a new federal law that would greatly expand inspections of breeders who sell dogs over the internet.

"This is one of the most important dog welfare reforms of the decade, and AKC is opposing it," Wayne Pacelle, president and CEO of the Humane Society of the US, told ABC News.

In a 13-page report called "The American Kennel Club: No Longer 'The Dog's Champion?'," the HSUS accuses the world's largest purebred dog registry, which collects membership fees from thousands of dog breeders, of blocking laws across the country that would crack down on puppy mills – and affect the AKC's members.

"When we added it all up, we learned that the AKC has opposed 80 state and local proposals to crack down on puppy mills," said Pacelle. "That's a shocking pattern of behavior for an organization that says it's focused on the health of dogs."

"Puppy mills" are large-scale dog-breeding facilities that provide puppies to pet stores across the country and for sale via the internet directly to consumers. Many belong to the AKC and produce AKC-registered purebred puppies. The Humane Society says that many puppy mills have substandard living conditions that create health and behavior problems in dogs.

The Humane Society also charges the AKC with trying to stop a proposed change to the federal Animal Welfare Act that would make breeders who sell puppies over the internet subject to regular health and safety inspections by the U.S. Dept of Agriculture.

The Animal Welfare Act currently requires USDA inspections of breeders but does not require inspections of pet stores, based on the old-fashioned "how much is that doggie in the window" method of dog-buying, in which consumers could see the conditions in the stores where they bought their puppies. The rule was drafted before the advent of the internet, which has now become a significant resource for consumers purchasing both purebred and mixed-breed dogs.

The proposed rule would still exempt physical "retail pet stores" from inspection, but would close a loophole via which internet dog breeders had also classified themselves as "retail pet stores." Any breeder with more than four breeding females would become liable to inspection. The change would add thousands of internet breeders, many of them selling AKC-registered purebreds, to the list of breeders subject to USDA inspection and oversight.

In a press release announcing the proposed rule, the USDA described the move as primarily designed to ensure the proper treatment of animals: "By revising the definition of retail pet store to be better suited to today's marketplace, we will improve the welfare of pets sold to consumers via online, phone and mail-based business."

Yet the AKC – which bills itself on its website as "The Dog's Champion" – has opposed the proposed changes, stating on its website that the changes "have the potential to significantly impact AKC breeders." The organization cites a number of concerns, including the challenge for smaller breeders to comply with regulations now reserved for larger ones, and the expense to smaller breeders to establish "commercial-level facilities."

Both the AKC and HSUS are encouraging consumers to voice their opinions on the proposed rule, which is supposed to take effect later this year and is open to public comment through July 16.

The AKC did not immediately respond to a request for comment.

 

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AB 1939 - Puppy licensing, seller sales reporting

Senate Committee on Business, Professions and Economic Development
State Capital, Room 2053

Sacramento, CA 95814

Fax: 916-324-0917

June 28, 2012

 

 

Re: AB 1939 (Pan) Dog licensing: issuance: puppy licenses: (as amended June 19, 2012):

 

OPPOSE. Request to be listed in official opposition.

 

 

Dear Senator Price and Committee Members,

 

The California Federation of Dog Clubs, founded in 1990, represents thousands of dog owners across our state. We are advocates for animal welfare and for protecting the rights of responsible dog owners. The CFoDC conducts breed identification workshops for shelter workers, distributes a dog care and training brochure for new owners who adopt from shelters, and provides a toll-free help line for pet owners struggling with behavior or training problems. We also maintain and administer a relief fund for animals affected by disasters such as earthquakes or fires. CFoDC supports animal legislation with positive benefits to society.

 

The CFoDC is OPPOSED to AB 1939. This bill mandates reporting of pet sales to the local licensing agency by pet stores, breeders and rescue groups. AB 1939 also contains provisions for puppy licensing. There will be additional license levels and confusion with the puppy provisions. In addition, differential license fees based on age or reproductive status unreasonably penalize responsible owners of intact, mature animals.

 

The license fee discount is only offered for puppies under the age of six months, and expires at the age of one year. Owners in certain areas (such as  heavily populated Los Angeles), will discover only too late that they will face mandatory, unnecessary and costly sterilization surgery, or else pay an exorbitant intact license fee for their dog (currently $335 yearly per dog in the City of Los Angeles), once the puppy license expires. This hardship will cause an increase in shelter relinquishments by low- and fixed-income families.

 

Only puppies who are microchipped qualify for the puppy discount license; however, microchipping itself is an effective measure to facilitate return to owner in case of a lost dog. A license may not provide any additional benefits to the microchipped dog. Microchip information is registered with independent agencies and does not need be tracked by government. Reporting of private matters such as animal ownership information or microchip data will only foster further distrust of government and result in decreased compliance with critically important rabies control programs.

 

Most veterinarians in our state are required to report any dogs vaccinated for rabies to local licensing authorities. The reporting requirement in this bill is duplicative, creating another bureaucratic layer in animal control with increased costs to local governments. Additionally, there is no reason for a puppy too young for rabies vaccination to be licensed. The sole original purpose for dog licensing was to protect public health through enforcement of canine rabies vaccination requirements.

 

Rescue groups operate on limited budgets and rely on unpaid volunteers. The burdensome recordkeeping and reporting requirements contained in AB 1939 would seriously compromise the activities of rescue organizations. Fewer animals will be rescued from local shelters, and local governments will find their animal control budget swelling as they will need to house and feed more animals for extended stays. A recent exemption was written in for rescues; however, only the smallest of rescue groups (those who place less than 20 pets per year) would be exempt. An exemption for the smallest and least efficient rescue groups is counterproductive. It discourages rescue groups from saving lives. More animals will be left to die in our shelters.

 

Bearing in mind that our state has the worst budget crisis in history, it seems ludicrous that we would now prioritize precious resources to implement additional bureaucratic red tape in the tracking of dogs. More money will be needed to ensure compliance; money for advertising, money for tracking and paperwork, and money for more employees needed for enforcement. This will only add to the city/county budget woes.

 

 

 

We urge you to reject AB 1939.

 

Sincerely yours,

 

 

 

 

 

Geneva Coats, R.N.

Secretary

California Federation of Dog Clubs

 

 

 

 

CC: Curren Price, Bill Emmerson, Ellen Corbett, Lou Correa, Ed Hernandez, Gloria Negrete McLeod, Tony Strickland, Juan Vargas, Mark Wyland, Bill Gage, G.V. Ayers, S. Mason, K. Sullivan,