San Marcos Breeder Regulations

The AKC Government Relations team has just become aware that the San Marcos City Council will consider a proposed ordinance which will define hobby breeders, limiting them to only three “breeding dogs, cats and/or rabbits.” It is unclear how a breeding dog, cat or rabbit would be identified and what would happen to resident breeders over that limit.
The measure also attempts to restrict the sales of pets from legal, licensed and regulated pet sellers. All breeders and pet owners should be concerned about government attempts to limit individuals’ choice of pets and attempts to limit the sale of purpose-bred puppies. 
The AKC urges responsible dog owners and breeders to attend the meeting and oppose this burdensome and ineffective ordinance.
San Marcos City Council Meeting
Date: Tuesday, January 26, 2016
Time: 6:00 p.m.
Location: Council Chambers, 1 Civic Center Drive, San Marcos, CA 92069
Hobby Breeder Definition is Vague and Problematic
The current draft defines a hobby breeder as “any small-scale breeder who owns three (3) or fewer breeding dogs, cats or rabbits, and who sells, provides or supplies the offspring for retail or wholesale.” This definition is unclear and serves to create problems for San Marcos residnets who own and breed dogs. The draft ordinance restricts residents to three “breeding dogs, cats or rabbits.” This term is unclear. Does this mean dams that have whelped a litter? Males that have sired a litter? Does this mean any intact dogs?  How are dogs too old or too young to be used for breeding counted? Ideal breeding ages can vary by breed. What happens if a person who breeds only rarely exceeds three breeding dogs? City code permits the issuance of kennel license for up to seven (7) dogs, so how are those individuals impacted?
Section 6.32.060 (a) exempts dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared. While most small breeder’s animals are born and reared on their own premises, there are exceptions. Breeders occasionally receive a puppy in lieu of a stud fee or in the case of an emergency cesarean section, offspring might not be born on the owner’s property.
This ordinance was originally proposed to restrict sales of pets at retail pet shops. The measure restricts the actions of those who meet the criteria of a “retail pet store” which requires a business to conduct retail sales and be open to the public. Hobby breeders would not meet this criterion and further, breeders who sell at wholesale to a retail pet store are already regulated by federal law. This renders the hobby breeder definition and the exemption in Section 6.32.060 (a) superfluous and problematic.
As is acknowledged in the findings of this ordinance, federal law regulates those who sell at wholesale and even those who ship animals to new pet owners who have not seen the animals in person. California state law further regulates those who qualify as breeders under the Polanco-Lockyer Pet Breeder Warranty Act. California, under the Lockyer-Polanco-Farr Pet Protection Act, has one of the strongest pet consumer protection laws in the country. This level of additional regulation at the local level is unnecessary.
In our view, compliance with existing nuisance, sanitation, zoning and animal control and welfare laws is sufficient for small breeders. If they are not creating a nuisance for their neighbors and are obeying the law, there is no need for narrow definitions and government involvement.
Local responsible breeders are assets to their communities. These breeders make serious commitments to their animals by raising healthy, well cared-for dogs and by working to ensure that puppies are placed with responsible owners. They are in a unique position to support new pet owners and exemplify responsible animal ownership. Responsible dog breeders and owners are models for their communities and should not be penalized by being forced to comply with burdensome regulations.
Arbitrary Restrictions on Pet Sales Harm Pet Owners and the Community
The American Kennel Club believes that an important part of ensuring the success of a pet with a new owner is to ensure that it is an appropriate fit with the owner’s lifestyle. Treasured pets may be obtained from a variety of sources, including breeders, pet stores, rescues, and local shelters.
If the proposed ordinance restricting pet sales is adopted, families in San Marcos will lose an important source for choosing a pet that is the best fit for their lifestyle and circumstances.
Unfortunately, many communities lack sufficient local breeders to meet the demand for the specific pets desired by local residents. Those seeking a puppy that is a specific breed from a professional breeder subject to USDA or state animal welfare standards, or one that is covered by California consumer protection laws, will likely be forced to purchase a puppy elsewhere, or to obtain a pet of unknown origin and health history or status.
When consumers cannot acquire a pet that is an appropriate fit for their lifestyle, that animal is more likely to end up in the shelter system. A better solution is to ensure that consumers are educated, understand the demands of responsible ownership and have access to a variety of pets so that they can make educated choices.
The proposal to ban the sale of pets from known, regulated and inspected sources, and to allow only the sale/adoption of pets from unknown, unregulated and uninspected sources, does the exact opposite of its purported intent: It removes available consumer protections for new pet owners and potentially increases public health risks for the entire community. 
What You Can Do

• Attend the San Marcos City Council meeting on January 26, 2016 and ask the mayor and city council members to oppose this ordinance.
• Contact the members of the San Marcos City Council by email or phone prior to the meeting and ask them to oppose this ordinance.

AKC Resources:
AKC Position Statement: Canine Population Issues
Issue Analysis: The Value of Responsible Dog Breeders
AKC Position Statement: Breeding Restrictions
AKC Position Statement: Responsible Breeding Practices
Responsible Breeding Practices Issue Brief
San Marcos City Council
Mayor Jim Desmond
jdesmond@san-marcos.net
(760) 402-0448 Phone
(760) 744-9058 Fax
Vice-Mayor Rebecca Jones
rjones@san-marcos.net
(760) 744-1050 Phone
(760) 744-9058 Fax
Councilman Chris Orlando
corlando@san-marcos.net
(760) 744-1050 Ext. 3154
(760) 744-9058 Fax
Councilwoman Kristal Jabara
kjabara@san-marcos.net
(760) 744-1050 Phone
(760) 744-9058 Fax
Councilwoman Sharon Jenkins
sjenkins@san-marcos.net
(760) 744-1050 Phone
(760) 744-9058 Fax
For more information please contact the AKC Government Relations Department at 919-816-3720 or doglaw@akc.org.

Santa Paula MSN

The American Kennel Club Government Relations Department has just become aware that the Santa Paula City Council will have a final vote on an ordinance Monday, December 21st that would establish mandatory spay/neuter of dogs and cats in the city unless the owner qualifies for an exemption. It also would require breeders to purchase a breeding permit and pass a test on “humane breeding practices” designed and administered by the Animal Services Coordinator. The measure does not state how much breeding experience the Animal Services Coordinator would be required to have.

As AKC and our local clubs were unaware of this proposal when it was first heard on November 16, the measure initially passed on a 5-0 vote. It is imperative that responsible owners and breeders attend this meeting and oppose these burdensome and ineffective proposals.

Santa Paula City Council

Date: Monday, December 21st, 2015

Time: 6:30 PM

Location: City Council Chambers at 970 Ventura Street, Santa Paula, CA 93060

The full draft of the ordinance can be seen online here. Provisions include:

Section 91.33: Mandatory Spaying and Neutering of Dogs and Cats.

Dogs and cats may only remain intact if one the following exemptions apply:

· Competition dogs used to show or breed that are of a breed recognized by and registered with approved breed registries such as the American Kennel Club or United Kennel Club.

· The “guardian/custodian” is a member of an approved purebred dog breed club which enforces a code of ethics for dog breeding.

· The dog is used by a law enforcement agency for law enforcement purposes.

o The wording of this section fails to recognize that most search and rescue dogs are privately owned, trained and handled.

· The owner of the dog or cat provides a letter from a licensed veterinarian stating that the dog is unable to be spayed or neutered without a serious risk of bodily harm or death.

o Veterinarians may be reluctant to provide these exemptions.

Section 91.35 Dog and Cat Breeding – Permit Required – Fees.

· Any person, except for a person possessing a valid kennel license, who causes the breeding of a cat or dog, shall obtain a breeding permit from the Police Department and shall pay the fee for such permit. Breeding permits shall be valid for a term of one year from the date of issuance.

o Burdensome fees are not reasonable when there is no proof that responsible breeders are contributing to animal control problems in Santa Paula.

· Each permit shall authorize the whelping of no more than one litter per female dog or cat in any twelve month period and no more than one litter per domestic household in a twelve month period or the offering of a male dog or cat for stud service once in a twelve month period.

o There is no legitimate reason to limit responsible breeders in this manner. There are no health concerns related to allowing a male dog to be used for stud more than once a year and it is highly likely that a dog used for stud would be bred to a female in another jurisdiction, making the interest of animal control in the male’s jurisdiction tenuous at best.

· The person applying for the breeding permit shall demonstrate a basic understanding of humane breeding practices, administered in the form of a test, designed and administered by the Animal Services Coordinator. Should the applicant fail to pass the humane practices breeding test, he or she shall be denied the breeding permit and may not reapply for such a permit for a minimum of thirty days.

o What qualifications does the Animal Services Coordinator have to draft and administer such a test? Does the individual in this position have specific training in animal reproduction? Is this individual a veterinarian and member of the American College of Theriogenologists? The decision about whether to breed a dog should be made by the breeder in consultation with his or her veterinarian.

The American Kennel Club opposes the spay/neuter laws and arbitrary breeder permits as ineffective because they fail to address the underlying issue of irresponsible ownership. California state law already provides for the sterilization of animals adopted from shelters and mandates that the license fee for intact animals be at least double that of sterilized animals. The mandatory sterilization requirements proposed in this ordinance will merely punish those who are responsible owners and breeders, and the irresponsible owners who are not complying with current laws are likely to continue their behavior.

Many communities that have implemented mandatory spay/neuter (MSN) policies have found them to be ineffective and expensive. For example, after Dallas, Texas enacted MSN policies in 2008, it experienced a 22 percent increase in animal control costs and an overall decrease in licensing compliance. MSN laws often result in owners either ignore animal control laws entirely, or relinquishing their pets to the public shelter to be cared for at the taxpayers’ expense rather than pay for expensive sterilization surgery or breeder permits. According to the American Veterinary Medical Association (AVMA), some owners also opt to avoid rabies vaccinations and other general veterinary care in order to hide their lack of compliance with MSN laws.

AKC Resources:

AKC Position Statement: Canine Population Issues
AKC Position Statement: Spaying and Neutering
Mandatory Spay-Neuter Issue Brief
Issue Analysis: Why Mandatory Spay/Neuter Laws are Ineffective

What You Can Do:

· Attend the Santa Paula City Council Meeting on Monday, December 21st at 6:30 PM and speak in opposition to this burdensome and ineffective measure.

· If you are unable to attend this hearing, please contact the council members via phone call or email asking them to oppose this ordinance.

Santa Paula City Council

Council members can be emailed at info@ci.santa-paula.ca.us, or reached via phone at 805.525.4478 or fax 805.525.6278.

Mayor John Procter

Vice Mayor Martin F. Hernandez

Councilmember Jim Tovias
Councilmember Jenny Crosswhite
Councilmember Ginger Gherardi

For additional information, please contact the American Kennel Club Government Relations department at 919-816-3720 or doglaw@akc.org. 

 

 

Here is the letter sent from CFODC:

 

Santa Paula City Council

970 Ventura St.
Santa Paula, CA 93060
tel. 805-525-4478
fax. 805-525-6278

December 18, 2015

FOR INCLUSION IN OFFICIAL RECORD – City Council meeting of December 21, 2015

Dear Mayor Procter and City Council Members,

The California Federation of Dog Clubs is an association of thousands of dog owners across the State of California. Formed in 1990, the CFODC works tirelessly to promote animal welfare, educate the public regarding responsible animal ownership, and protect the rights of responsible animal owners. We administer a disaster relief fund, conduct breed ID workshops for shelter personnel, and provide educational information regarding responsible pet ownership. We also staff a toll-free assistance line for animal owners who need advice regarding pet training and behavioral issues. CFODC supports animal legislation with proven positive benefits to society.

We are concerned regarding the item on your agenda for Monday, December 21, 2015, which would require mandatory spay-neuter for the vast majority of pets in your city.

The CFODC is OPPOSED to the mandated sterilization of pets, regardless of exemptions. Some of the reasons for our opposition include:

• Spay-neuter mandates do not solve any problems. In fact, such laws create MORE problems. The ASPCA, the No Kill Advocacy Center, the American Veterinary Medical Association, the American Kennel Club and many other animal welfare groups are OPPOSED to mandatory sterilization because such laws are INEFFECTIVE in reducing shelter impounds and killings. In its position paper on mandatory spay-neuter, the ASPCA states:
  
  
  “The ASPCA is not aware of any credible evidence demonstrating a statistically significant enhancement in the reduction of shelter intake or euthanasia as a result of the implementation of a mandatory spay/neuter law.”
  
  
• Feral cats comprise the majority of shelter intakes, and sterilization mandates do not help feral cats. Instead, Good Samaritans who care for feral cats are punished.

• Fewer people will reclaim their pets from the shelter due to high costs and fees. Coercive sterilization laws and excessive animal-related fees result in increased shelter intakes and deaths everywhere they are tried.
• Mandatory sterilization is costly to enforce.
• Existing leash and confinement laws should be enforced. Sterilization does NOT prevent roaming.
• Revenues will drop, as owners will increasingly avoid licensing and forced surgery on their pets. There will be even LESS money for the needed enforcement.
• Forced sterilization laws have resulted in increased incidence of RABIES in some areas, as owners who avoid licensing may also fail to vaccinate for rabies. Fort Worth, Texas repealed their mandatory spay-neuter law due to a noted increase in rabies exposure cases. Rabies exposure is not just a serious risk to human life, but it is extremely expensive to deal with.
• Mandatory sterilization creates a black market for dogs and puppies. Dogs are being smuggled in by the thousands now, from Mexico and other countries, to meet the demand for pets. Black market pets bring rabies and parasites along with them.
• There is no evidence to believe that shelter intakes are caused by animals bred locally. Most puppies are sold outside of the area where they are born.
• Mandated surgery disproportionately punishes low-income families and seniors.

We urge you to REJECT any mandatory sterilization requirements and instead focus on animal control measures proven over the past thirty years to actually work….aggressive public education campaigns, trap/neuter and release programs for feral cats, and low-cost voluntary sterilization clinics.

Sincerely yours,

Geneva Coats, R.N.

Secretary, California Federation of Dog Clubs

CC: John Procter, Martin F. Hernandez, Jim Tovias, Jenny Crosswhite, Ginger Gherardi

Carpinteria adopts MSN and breeder ordinance

Sadly, one of our board members confirmed that the Carpinteria, CA city council adopted a mandatory spay/neuter ordinance at its meeting on Tuesday night.  Here’s a link to the video of the meeting:

http://www.carpinteria.ca.us/videos/streaming.shtml

You can also find a draft of the ordinance and the staff report at the same site.

While each community faces unique issues, and we all rail against “one size fits all” solutions, MSN hasn’t proven to be a solution to any problem.  The scenario played out in Carpinteria demonstrates factors that lead to failed advocacy, such as finding out about the proposed laws late in the process, limited local fancier involvement, woeful or willful city staff ignorance, and no CFODC “boots on the ground.”  It also highlights the need for each of us to be involved with and extremely aware of the activities of local governments in our own and surrounding communities.

Let’s not lose another community to uninformed lawmaking.

Chuck Bridges

President

California Federation of Dog Clubs

Déjà Vu Chow Chows

AKC Breeders of Merit

P. O. Box 355

Tracy, CA  95378-0355

(209) 835-6530 - Home

(209) 815-3613 - Mobile

Fwd: USDA Posts Guidance Document on Retail Pet Store Rule and Importation of Live Dogs Rule

Having trouble viewing this email? View it as a Web page.   USDA Animal Care has posted guidance for animal breeders, brokers and importers regarding the Retail Pet Store Rule and the Importation of Live Dogs Rule.   The document provides information to purveyors of USDA-regulated animals as to whether USDA requires those individuals to be licensed under the Animal Welfare Act or if they are exempt from licensing. It contains questions and answers that we hope will serve as a helpful reference. Covered topics include: USDA compliance inspections; applying for a USDA license; exempt sales; shipping dogs; and importing dogs for resale or adoption.   The document is posted here.     At USDA Animal Care, ensuring the welfare of the animals we regulate is at the heart of everything we do.

Carpinteria-MSN proposal

Dear AKC Delegates, Club Officers, Breeders and Legislative Liaisons,

Please pass this information on to your club members in the Santa Barbara and Ventura County, CA areas.

The American Kennel Club Government Relations Department has just become aware that the Carpinteria City Council will have a final vote on an ordinance Monday, September 28th that would establish mandatory spay/neuter of dogs and cats in the city unless the owner qualifies for an exemption. It also would require breeders to purchase a $100 breeding permit and submit to warrantless inspections of their private property.

As AKC and our local clubs were unaware of this proposal when it was first heard on September 21st, the measure initially passed on a 5-0 vote. It is imperative that responsible owners and breeders attend this meeting and oppose these burdensome and ineffective proposals.

Carpinteria City Council

Date: Monday, September 28, 2015

Time: 5:30 PM

Location: City Council Chambers at 5775 Carpinteria Avenue, Carpinteria, CA

The full draft of the ordinance can be seen online here , Item 9. Provisions include:

Section 6.04.590: Prohibition against Unaltered Dog or Cat; exemptions

Animals may only remain intact if one the following exemptions apply:

The dog or cat is a breed approved by and is registered with the American Kennel Club or a similar foreign registry recognized by the Code Compliance Division, whose program and practices are consistent with the humane treatment of animals, and the dog or cat is actively used to exhibit or compete and has competed in at least one legitimate exhibition or sporting competition hosted by, or under the approval of, the American Kennel Club or a similar foreign registry, within the last two years, or is being trained or groomed to exhibit or compete and is too young to have yet competed.
The AKC does not believe this is reasonable as there are many reasons including work commitments, illness, whelping of a litter and other circumstances which might prevent an owner from competing in a show every year.
The dog has earned, or if under three years old, 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 Code Compliance Division.
The dog is being, or has been, appropriately trained and is actively used in a manner that meets the definition of a guide, signal or service dog as set forth in Penal Code section 365.5, subdivisions (d), (e) and (f), or the dog is enrolled in a guide dog program administered by a person licensed under Business and Professions Code section 7200 et seq.
The dog is being, or has been, appropriately trained and is actively used by law enforcement agencies, the military, or search and rescue organizations, for law enforcement, military, or search and rescue activities.
The wording of this section fails to recognize that most search and rescue dogs are privately owned, trained and handled.
The owner of the dog or cat provides a letter to the Code Compliance Division from a licensed veterinarian certifying that the animal's health would be best served by spaying or neutering after a specified date; or that due to age, poor health, or illness of the animal, it is detrimental to the health of the animal to spay or neuter the animal; or that arrangements have been made to spay or neuter the dog or cat within 60 days after the compliance deadline and the dog or cat is spayed or neutered within that 60-day period. This letter shall include the veterinarian's license number and the date by which the animal may be safely spayed or neutered. The letter shall be updated periodically as necessary in the event the condition of the animal changes.
Veterinarians may be reluctant to provide these exemptions. 
The owner of the dog or cat is an AKC "Breeder of Merit."
While we appreciate the esteem accorded to the AKC Breeder of Merit program and are extremely proud of those who have achieved this honor, we do not feel that it is appropriate to use it in this legislation. The AKC Breeder of Merit program recognizes decades if not a lifetime of work in responsible dog breeding. To ensure future generations of well-bred dogs we need to protect the rights of new and younger breeders. AKC provides many resources to educate these new breeders about responsible breeding practices including a quarterly newsletter, workshops and access to the cutting edge canine health supported by our AKC Canine Health Foundation. Subjecting these breeders to costly permits, invasive warrantless searches and restrictions endangers the ability of residents to obtain well-bred dogs from local breeders in the future.
The dog or cat has a valid breeding permit issued to the owner by the Code Compliance Division.
The American Kennel Club opposes the spay/neuter laws and arbitrary breeder permits as ineffective because they fail to address the underlying issue of irresponsible ownership. California state law already provides for the sterilization of animals adopted from shelters and mandates that the license fee for intact animals be at least double that of sterilized animals. The mandatory sterilization requirements proposed in this ordinance will merely punish those who are responsible owners and breeders, and the irresponsible owners who are not complying with current laws are likely to continue their behavior. 

Many communities that have implemented mandatory spay/neuter (MSN) policies have found them to be ineffective and expensive. For example, after Dallas, Texas enacted MSN policies in 2008, it experienced a 22 percent increase in animal control costs and an overall decrease in licensing compliance. MSN laws often result in owners either ignore animal control laws entirely, or relinquishing their pets to the public shelter to be cared for at the taxpayers’ expense rather than pay for expensive sterilization surgery or breeder permits. According to the American Veterinary Medical Association (AVMA), some owners also opt to avoid rabies vaccinations and other general veterinary care in order to hide their lack of compliance with MSN laws. 

Section 6.04.620: Breeding Permit

The fee for this permit will be $100 and a separate permit is required for EACH animal to be bred.
These burdensome fees are not reasonable when there is no proof that responsible breeders are contributing to animal control problems in Carpinteria.
Limits residents who own female dogs to a single litter per household per year unless written permission is obtained from the animal control director.
This is a decision that should be made by the owner in consultation with his/her veterinarian. It is unclear what animal husbandry qualifications the Carpinteria Animal Control Director possesses that would render him/her better suited to make these decisions.
Requires breeders to submit to inspections of their property.
It seems ludicrous that law enforcement would need to obtain a warrant for someone suspected of a major felony but a person who breeds dogs does not deserve the same considerations or protections.
Requires breeders to provide their permit number to puppy purchasers and in advertisements.
Requires breeders to provide the department with contact information for puppy purchasers.
AKC Breeders of Merit are exempt.
Section 6.04.630: Prohibition on the Sale of commercially bred dogs, cats and rabbits in pet stores

Prohibits the sale of dogs, cats and rabbits in any pet store, retail establishment or commercial establishment, with the exception of animals obtained from an animal shelter or rescue group.
AKC Resources:

AKC Position Statement: Canine Population Issues 
AKC Position Statement: Spaying and Neutering 
Mandatory Spay-Neuter Issue Brief 
Issue Analysis: Why Mandatory Spay/Neuter Laws are Ineffective 
What You Can Do:

Attend the Carpinteria City Council Meeting on Monday, September 28th at 5:30 PM and speak in opposition to this burdensome and ineffective measure.
If you are unable to attend this hearing, please contact the council members via phone call or email asking them to oppose this ordinance.
Carpinteria City Council

City Council – The city’s phone number is (805) 684-5405.

Mayor Gregg A. Carty

GreggCarty@ci.carpinteria.ca.us 
Vice-Mayor, Fred Shaw

FredShaw@ci.carpenteria.ca.us 
Councilman Al Clark

alclark@ci.carpenteria.ca.us 
Councilman Wade Nomura

wadenomura@ci.carpenteria.ca.us 
Councilman J. Bradley Stein

BradStein@ci.carpinteria.ca.us 

 

Elephant Guide Ban

Governor Jerry Brown

c/o State Capitol, Suite 1173

Sacramento, CA 95814

916-558-3160

September 14, 2015

REQUEST FOR VETO SB 716

Dear Governor Brown,

The California Federation of Dog Clubs is an association of thousands of dog owners across the State of California. Formed in 1990, the CFoDC works tirelessly to promote animal welfare, educate the public regarding responsible animal ownership, and protect the rights of responsible animal owners. We administer a disaster relief fund, conduct breed ID workshops for shelter personnel, and provide educational information regarding responsible pet ownership. We also staff a toll-free assistance line for animal owners who need advice regarding pet training and behavioral issues.

The CFODC requests your VETO of SB 716; Animal Cruelty, Elephants. This sadly misnomered bill would prohibit the use of elephant guides in the care of these large animals. Proponents of this bill gleefully admit that a ban on the use of the elephant guide is tantamount to a ban on elephants in zoos and circuses, since the ankus or guide is a routine and necessary tool used to care for elephants.

In fact, today we have the perfect example of the necessity of the use of the elephant guide in Northern California. Fire is burning dangerously close to the Performing Animal Welfare Society's “sanctuary” in San Andreas. Evacuation orders have been issued, along with offers of help from “Have Trunks Will Travel. ” These trained professionals at HTWT volunteered to move the elephants to safe ground using their handling equipment and transport trailers, but PAWS has REFUSED their help. They would rather allow these terrified elephants to remain in close proximity to a fire, to inhale smoke and possibly burn to death than allow trainers to use guides and transport vehicles to move them to safety. If this doesn't demonstrate the insanity and hypocrisy of these animal rights extremist groups, nothing does.

Please choose the humane option of a VETO on SB 716.

Sincerely yours,

Geneva Coats, R.N.

Secretary

California Federation of Dog Clubs