Pasadena Mandatory Spay Neuter - Victory!

-----Original Message-----
From: JMillerArt <JMillerArt@aol.com>
To: CFA-Southwest <CFA-Southwest@yahoogroups.com>
Sent: Tue, Oct 8, 2013 5:34 pm
Subject: Pasadena Mandatory Spay Neuter - Victory!

Thank you to everyone who wrote letters or made calls to the Pasadena Council members.   Special thanks to those willing to come to the hearing and testify.  This report will be on the CFA legislative Alert Page soon.  Forwarding is OK. 

 

www.cfa.org/Legislative/LegislativeAlerts.aspx#Localspx#Local

 

Joan Miller
CFA Legislative Information Liaison
JMillerArt@aol.com
San Diego California
619-269-0107
www.cfa.org

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Pasadena Mandatory Spay Neuter Ordinance - Victory!

October 7, 2013

by Joan Miller, CFA Legislative Information Liaison

 

Reason saved the day in Pasadena resulting in a positive outcome for everyone last night.  Following lengthy testimony, Mayor Bill Bogaard decided not to call for a vote on the ordinance and instead expressed the council's consensus  to give initiatives recently started or being developed by the Humane Society an opportunity to show results and then review and discuss the situation further in 6 months

 

The City Council listened intently to our testimony and obviously several had carefully read all the letters submitted.  Mayor Bogaard mentioned and quoted from a few, including letters from the The California Federation of Dog Clubs and from Jan Dykema.  The ordinance instigator, Council Member Steve Madison, actually was swayed by the end of the evening and suggested they withdraw the ordinance saying it had become apparent it would not achieve the primary goal he had hoped for. 

 

Madison's original concern resulted from a case of a young boy mauled by a "pit-bull" dog.  He wanted the Public Safety Committee to approve a neuter/spay ordinance for pit-bulls.  When they discovered this was against State law, which prohibits breed specific legislation (BSL), the proposal to mandate that all dogs be altered by 4 months came about, with exemptions for show dogs and service dogs.  They felt that spaying and neutering would prevent dangerous dogs from roaming the streets and also would cut down on the large numbers of pit-bull type dogs and Chihuahuas in the shelter. Then "and cats" was added because 70% of the animals killed in the shelter are cat/kittens and the ordinance became more directed toward reducing shelter intakes and euthanasia.

 

This proposal passed in the Public Safety Committee and language was copied from the Los Angeles County MSN ordinance, requiring altering before 4 months with exemptions for working dogs and show dogs. But they left out similar exemptions for cats.  I believe it would have passed in the Council last night had it not been for the letters received and testimony, all of which raised the awareness of a responsive Council.  AKC, CFA, CARPOC, CFODC and many dog fanciers submitted letters - they made a big impression.

 

I thank cat fanciers, Sarah Bixler and Peter Keys, for their testimony, in addition to mine, on cat issues.   Many thanks to dog fanciers Florence, Anne, Lois and two or three others plus a Veterinary Assistant.  They covered the dog issues from health matters including history of other communities with MSN laws leading to dog owners avoidance of veterinary care/rabies vaccination and problems with early age altering of puppies to dog bite and aggression data.  It was stated that before humans raised "pit-bulls" to be aggressive there were other breeds irresponsibly bred that became dangerous.   These people do not comply with MSN laws.

 

We presented facts showing that voluntary spay/neuter of owned cats is a huge success with a high percentage of owned cats already altered (88% to 94% in some parts of the country).  It is the unowned or "loosely owned" cat population that remains intact (this percentage is less than 3% altered).  Owners who have intact cats say their kittens are too young or they cannot afford the cost. There is a trend for cats to be kept indoors leading to a higher rate of s/n..  Fewer cats have a litter before spay now in jurisdictions that offer free or low cost spay/neuter.  I spoke of innovative ways in which shelters are handling "community cats".  It would be more productive to encourage people feeding doorstep cats to take the next step to spay/neuter these cats by offering assistance not punishment. 

 

The Humane Society Vice President, Elizabeth Campo, was questioned about the shelter programs.  She discussed their new door-to-door canvassing to increase dog licensing and provide educational material about shelter services and advantages for licensed dogs.   They also are in the process of building a clinic for high volume/low cost spay/neuter. Humane Society President, Steve Mc Nall, talked about their efforts to alter the feral/community cats. Though they support MSN, especially for first time impounds with fines, they also expressed concerns about adding mandated s/n to their licensing canvassing as this may harm a currently well received program.  

 

Following the hearing we talked with Ms. Campo and Mr. Mc Nall and found them to be professional and aligned with our mutual interests to help Pasadena's animals.  They both plan to be at the National Council on Pet Population All Day Cat Research Program in conjunction with the Society of Animal Welfare Administrators (SAWA) conference November 9-12, 2013 in Tempe, AZ.  CFA representatives will also be at this conference and we look forward to continued dialog.

 

 

Fwd: Petstore sales ban to Carlsbad City Council tonight

 

CARLSBAD — The Carlsbad City Council is set to decide Tuesday night whether to ban pet stores in the city from selling dogs and cats based on concerns they typically get their animals from places that activists call "puppy mills" and "kitten factories."

The proposal comes three months after the city of San Diego passed a similar ban and two weeks after the Oceanside City Council voted 3-2 against such a ban.

Unlike those bans, Carlsbad's measure would exempt the city's one existing store — California Pets in Westfield Carlsbad mall. More than two dozen other cities across the nation have passed bans, and none of them have exempted existing stores.

Animal rights groups, including the Humane Society of the United States, say banning the sale of dogs and cats at pet stores helps reduce the number of animals treated inhumanely and encourages the adoption of more pets from shelters and rescue groups.

They say puppy mills and kitten factories mass produce large volumes of animals that they breed irresponsibly. The groups say the animals live in overcrowded cages, don't get proper veterinary care and lack the proper socialization to be good pets.

Pet store owners and some mass breeders say the criticisms are overblown. They say the ban would limit consumer choice, threaten the long-term viability of dog breeding and encourage the "underground" sale of dogs.

Joe Shamore, who owns California Pets locations in Carlsbad and Escondido, said unregulated breeders and people selling pets online are the more pressing problems facing his industry.

But a local group called And Justice for All Animals encourages people to boycott pet stores that sell dogs and cats, including one in Oceanside, two in Escondido, one in National City, one in Santee and the Carlsbad store.

David Garrick

NORTH COUNTY

 

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AKC -Pasadena -URGENT ALERT!-Monday,October 7th- 7PM

 

                    

AKC -Pasadena -URGENT ALERT!-Monday,October 7th- 7PM

AKC Delegates, Club Officers, Judges and Breeders,

Please pass this message along to any of your club members in the Pasadena (Los Angeles) area. The AKC apologizes for the short notice, the city agenda containing this language was only posted Thursday evening.

The Pasadena City Council will vote on a mandatory spay/neuter ordinance this Monday, October 7th. This measure will require dogs and cats over the age of four months to be sterilized unless the owner qualifies for an exemption.

If a dog or cat is impounded it will not be released until it has been sterilized by a city approved veterinarian, even if the owner has a current intact license. It is imperative that responsible dog owners and breeders immediately contact their elected officials to oppose this ordinance.

Additionally, any intact dog owner who wishes to breed their dog shall deemed a kennel and is prohibited from maintaining the dog within 1000 feet of any dwelling other than the owner's home. Current law also requires that dog kennel operators purchase a business license.

The current code defines a dog kennel as "any lot, building, structure, enclosure or premises wherein 5 or more canine animals 4 months of age or older are kept or permitted to remain or where any dog gives birth to 2 or more litters within a 12-month period." It is unclear what the process will be if a resident possessing fewer than 5 dogs wishes to breed a single litter. This language could be interpreted to prohibit anyone who does not meet the definition of a kennel from engaging in breeding.

Pasadena City Council Meeting

Date/Time: Monday, October 7, 2013, 7:00 PM

Location: Council Chamber, Pasadena City Hall, 100 North Garfield Avenue, Room S249, Pasadena, CA 91101

Provisions of the Ordinance:

Prohibits the ownership of an intact dog or cat over four months of age unless the owner qualifies for a specific exemption.
Exemptions:
Medical – must provide written confirmation from a veterinarian that sterilization is a threat to the animal's health.
Law enforcement dog.
Dogs trained and actively being used for guide, signal or service dog work or enrolled in a breeding program for these dogs administered by a person licensed under the California Business and Professions Code.
A dog used to show, to compete or to breed, and which is registered with AKC, UKC, ADBA or other approved breed registries. The owner must also meet one of the following criteria:
The dog has competed in at least one dog show or sporting competition sanctioned by a national registry or approved by the Pasadena Humane Society & SPCA within the last 365 days.
The dog has earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working or other title from a purebred dog registry referenced above or other registry or dog sport association or Pasadena Humane Society & SPCA.
The owner is a member of a Pasadena Humane Society & SPCA approved purebred dog breed club which maintains and enforces a code of ethics for dog breeding that includes restrictions from breeding dogs with genetic defects and life threatening health problems that commonly threaten the breed.
Provides that any resident who wishes to breed their intact dog is subject to the definition and regulations pertaining to "dog kennels."
Intact dog licenses can be revoked if:
The city receives two complaints within a twelve-month period, verified by the Poundmaster, that the applicant or licensee has allowed a dog to run loose or escape, or has otherwise been found to be neglectful of his/her dog or other animals.
The applicant or licensee has been previously cited, ticketed, sued, fined and/or prosecuted for violating a state law, county code or other municipal provision related to the care and control of animals.
The unaltered dog has been adjudicated as dangerous or vicious, or to be a nuisance.
Any other unaltered dog license held by the applicant has been revoked.
What You Can Do

Attend the Pasadena City Council meeting Monday, October 7th and oppose these burdensome restrictions on responsible owners and breeders.
Call or email the members of the Pasadena City Council and ask them to oppose this ordinance.
AKC Resources
AKC Position Statement: Breeding Restrictions
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
Issue Analysis: Conformation Shows- More Than Just a Pretty Face
Sample Letter to Lawmakers – Mandatory Spay Neuter – Word | PDF | Text

Pasadena City Council

Mayor Bill Bogaard Phone (626) 744-4311
Fax (626) 744-3727 Email bbogaard@cityofpasadena.net

Vice Mayor Jacque Robinson, District 1 Phone (626) 744-4444
Fax (626) 396-7300 Email district1@cityofpasadena.net

Councilmember Margaret McAustin, District 2 Phone (626) 744-4742
Email mlmorales@cityofpasadena.net

Councilmember John J. Kennedy, District 3 Phone (626) 744-4738
Fax (626) 744-4774 Email ChristianCruz@cityofpasadena.net or jwest@cityofpasadena.net

Councilmember Gene Masuda, District 4 Phone (626) 744-4740
Email nsullivan@cityofpasadena.net

Councilmember Victor M. Gordo, Esq. District 5 Phone (626) 744-4741 or (626) 831-8609
Fax (626) 398-1836 Email vdelacuba@cityofpasadena.net

Councilmember Steve Madison, District 6 Phone (626) 744-4739 Email smadison@cityofpasadena.net

Councilmember Terry Tornek, District 7 Phone (626) 441-4802
Fax (626) 441-4806 Email ttornek@cityofpasadena.net

 

 

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Pasadena Mandatory Spay-Neuter Law: Monday, Oct. 7 City Council Mtg!

 

Hi Folks,

 

I wanted to alert you that the Pasadena City Council agenda for this coming Monday includes the draft mandatory spay neuter ordinance (the agenda was posted this evening).  This is a "first reading", and essentially, THIS is the time to provide comments.  As people involved in pure bred dogs in Pasadena, I strongly encourage you to read the draft ordinance and share you thoughts with City Council via email, letter or in person at the meeting if you have any concerns.  There are some new measures in there that were NOT in the original staff report back in July (like what happens if an unaltered dog ends up in Pasadena Humane Society's shelter!).  

 < /o>

While I'm not contacting you to encourage you comment one way or another on this issue, I am very concerned that not enough people involved with pure bred dogs in Pasadena are aware of this, so please share with others who might be interested.  Here is some information that might be of use:

 

 

The City Council agenda can be found at:  

http://ww2.cityofpasadena.net/councilagendas/2013%20agendas/Oct_07_13/agenda.asp

 

And the draft ordinance and fact sheet (which is attached to the agenda) can be found at:

http://ww2.cityofpasadena.net/councilagendas/2013%20agendas/Oct_07_13/AR%209.pdf

 

City Council contacts where you can send your comments:

 

City Clerk's office comment form: http://www.cityofpasadena.net/CityClerk/Contact_Director/

 

Mayor Bill Bogaard: bbogaard@cityofpasadena.net

Mayor's Field Representative Rhonda Stone: rstone@cityofpasadena.net

 

Councilmember Jacque Robinson (via her Field Representative Tina Williams): 

district1@cityofpasadena.net

 

Councilmember Margaret McAustin (via her Field Representative Margo Morales): 

mlmorales@cityofpasadena.net

 

Councilmember John Kennedy (via his Field Representatives Christian Cruz and Jana West):  

ChristianCruz@cityofpasadena.net 

jwest@cityofpasadena.net

 

Councilmember Gene Masuda (via his Field Representative Noreen Sullivan):

< span style="font-size:9.0pt;background:white;">nsullivan@cityofpasadena.net 

 

Councilmember Steve Madison (from what I understand, he started the 'ball rolling' on all of this...his original concern was dog aggression/ public safety and with breed specific legislation not an option, moved onto MSN as a strategy):

smadison@cityofpasadena.net

 

Councilmember Terry Tornak:

ttornek@cityofpasadena.net

 

 

 

Thank you!

Anne Dove 

(Pasadena resident - Cairn Terriers)

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Fwd: APHIS Final Rule Revising Pet Seller Exemptions and You

APHIS Final Rule Revising Pet Seller Exemptions and You

 

SAOVA Friends,

 

As  you know by now, APHIS published the Final Rule September 10, 2013 which revises the definition of "retail pet store" under the Animal Welfare Act (AWA) licensing and regulations. The new definition of retail pet store means a place of business or residence where the seller, buyer, and animal are physically present in the same location. Not only dogs, but cats, rabbits, mice, small exotic animals, and other small pets will no longer be sold at retail without either public or APHIS oversight.  If you cannot qualify for the retail pet store exemption in the AWA by selling only face-to-face, then you must either obtain a federal license or be limited to 4 or fewer females bred and raised on your premises. This limit of 4 is an aggregate number of females regardless of species (i.e., 2 dogs, 1 cat, 1 rabbit).

 

The transaction does not have to take place at the seller's home.  A meeting place can be set up to transfer the animal. However, everyone needs to be aware that many municipalities have ordinances restricting sales in public places and should plan accordingly. It appears APHIS will allow a third party to be designated as the agent to stand in for the breeder or buyer in the face-to-face transaction, but this needs additional clarification.

 

Anyone selling dogs for hunting, breeding, security purposes, or as working dogs is excluded from the definition of Dealer and from the definition of Retail Pet Store.

 

APHIS held a teleconference to announce the final rule.  If you could not attend, we urge you to read the transcribed call which is posted at the SAOVA website http://tinyurl.com/nyb4s5g   

 

In general, APHIS says this rule is driven by purpose of breeding and method of delivery for the sale; and that their goal is only to end sight-unseen sales.  However, since breeding programs do not fall into nice neat categories, and scenarios change from breeder to breeder and species to species, covering the retail sector with such a regulation creates many areas of uncertainty for the average breeder. 

 

The list of questions is long:

Can hunting dog kennel owners sell pets

Can breeders ship sight-unseen where relationships have been well established

Can litters be whelped inside the house

Are rescues still exempt if they ship sight-unseen

Can animals, other than rabbits, be shipped for preservation of the species

Do the APHIS regulations take precedence over state license regulations

How can we believe the answers from APHIS staff who do not understand the questions

Does APHIS plan to offer any protection for newly licensed breeders so that kennel photos are not added to the ASPCA "puppy mill" data base and other sensationalized uses

If you are reported to APHIS as needing a license, are investigators required to have a warrant to enter your premises

Is everyone on the same premise required to be licensed if one person must be licensed

 

The rule is overly complicated, inconsistent, and certainly not easy to understand. The internet and chat groups are full of conversation about this rule with a number of interpretations and a wide variety of opinions being circulated.  APHIS also posted another Question and Answer Fact Sheet with their explanations to some of the major concerns submitted during the rule making process.  Again as last year, the Q&A contains many half, incomplete, or misleading answers.  The reality is that the final interpretation of the rule and its definitions will be at the discretion of APHIS inspectors and staff.    

 

Rather than attempt to analyze the rule and/or interpret how it will impact hundreds of thousands of breeders in dozens of varying situations we'll review what we do know regarding the new rule and current AWA standards.

 

The Final Rule was published in the Federal Register September 18, 2013 and is effective 60 days from publication. APHIS plans a phased implementation of the rule. Kevin Shea, APHIS Director, stated in the teleconference, "We will be trying to identify the facilities that aren't currently licensed that should be licensed under the rule. We'll be doing this, using publicly available data - breed registries, advertisements that folks are doing on the internet, etc., to identify the facilities that we need to approach about getting licensed."  APHIS is still finalizing their "outreach" plan and we will share that information when it becomes available.

 

The AWA Standards of Care for housing, facilities, exercise, cleaning, sanitization, employees, housekeeping, and pest control will not be revised.

 

Living under USDA licensing is NOT an option for the average home-based retail seller. The average house cannot be converted to a USDA compliant facility. Federal standards for licensed facilities dictate sanitation measures not feasible in a normal home, surfaces that are impervious to moisture, ventilation, bio-hazard control, veterinary care, exercise, temperature controls, waste disposal systems, diurnal lighting, drainage systems, washrooms, perimeter fencing, as well as transportation standards for regulated animals.

 

We are very concerned about the Q&A section regarding use of your homes. The answer is disingenuous and we trust those who have read it do not believe they can continue utilizing their homes once they are licensed.  The revised APHIS Q&A asks the question: Will regulated breeders who keep their dogs in their homes have to put them in a kennel?  APHIS answers "generally not" and proceeds with a misleading explanation that APHIS will determine if your home meets their standards; and states that a number of currently licensed wholesale breeders maintain their animals in their homes. 

 

IF you can give up a room in your house and convert it to be the moisture proof, sterile environment described above, AND gain approval from an APHIS inspector, you may be able to crate or pen animals in that room. This room would then be for either adults or puppies/kittens but not both. Under the USDA standards puppies and kittens under 4 months of age cannot be housed in the same primary enclosure with adults, other than the dam/queen or foster dam/queen. Since the remainder of your house does not meet the above requirements, allowing animals to roam freely would cause you to be in violation of the AWA. And unless your bedroom is coated in epoxy and has a floor drain, you won't be doing any whelping there.

 

A separate facility will be needed for females by two weeks prior to whelping. Even if you make one room in your house compliant with the AWA standards, females cannot be whelped in that room. That means an additional room will be required, plus one for each additional litter within the next 3.5 months.

 

Any room in your home used for whelping or birthing must meet USDA standards – impervious to moisture – meaning tile floor and vinyl-coated walls.

 

All surfaces touched by animals must be waterproof and sterilized every two weeks with your choice of live steam under pressure, 180 degree water and detergent with disinfectant, or a combination detergent/disinfectant product.

 

You must have a separate food preparation area from your kitchen.

 

In addition to a written exercise plan and veterinary plan you must now have an emergency plan that documents your awareness and understanding of your responsibility to protect your animals in emergency situations.

 

The USDA license may classify you as a commercial business. You will need to know the allowed uses for your property in the current zoning and land use regulations and whether home businesses are allowed. Your property tax status may be affected and your tax liabilities could change, depending on state and local laws.

 

Finally, your information, photos of your property, and inspection reports will be the subject of Freedom of Information Act requests by activists.  Inspectors will always write you up for something or it looks as if they are not doing their jobs, thus giving activists something to read and complain about.  Activists are not above taking the information out of context and using it to suit their purposes.

 

The new rule centers on shipping sight-unseen which at this time presents unanswered questions, and could target you for investigation as to whether you need a license.  Until APHIS issues meaningful dialogue on their intentions and we know how inspectors should interpret the new rule, it might be best to delay use of commercial shipping if possible.  If you have more than four females, rely on shipping to keep your program viable, and have no alternative options, then you will have to contact USDA and ask for an application kit and begin the licensing process.  

 

When you contact APHIS with questions, record the answers.   If you make the decision to go forward and apply for a license, record the conversations and the inspections and have a witness with you during the pre-licensing process. 

 

It is impossible to predict the full impact and potential damage on breeders once this rule is actually in place and enforcement begins.  In the meantime, please do not start reducing your kennels, catteries, and small businesses, and jeopardize the years of hard work that went into building your breeding programs.  There is more to learn on this rule and what can be done so that we can continue to pursue our hobbies, avocations, and livelihoods.  Many people are working on your behalf and we will not go down quietly.

 

Cross posting is encouraged.

 

Susan Wolf

Sportsmen's & Animal Owners' Voting Alliance

Working to Identify and Elect Supportive Legislators

saova@earthlink.net

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Oceanside Pet Sales Ban

 ALERT/UPDATE
Cat Fanciers' Association
Forwarding encouraged

Fanciers;

WE NEED YOUR HELP to defeat the Oceanside "Pet Store Ban" Ordinance.

The City Council Clerk has informed us that the issue could come up at any
time during the Public Meeting starting at 4PM and that the City Hall may
be very crowded. Try to be there before 4PM.

Wednesday, Sept 25
Hearing at 5:00 PM, (Public meeting is open at 4PM)
City Hall - 300 North Coast Highway, Oceanside.

We expect the proposed language to be the same as in San Diego and that
they will try to get the "breeder exemption" with a threshold of 3 cats/dogs
or no selling. San Diego Humane is mobilizing. You do not have to speak -
we need a turn out to sign up and donate minutes to those who do want to
speak.

Local residents carry the most weight. Try to reach any kitten buyers.

CONTACT COUNCIL MEMBERS:
You can send one email to reach all 5 Council Members. So far we believe
we have two on our side, Feller and Kern. The swing vote is Felein who may
be undecided. Concentrate phone calls and emails to these three to keep
and/or gain their support.

http://www.ci. oceanside. ca.us/gov/ council/default. asp

Suggested Points:

**A pet store ban is not necessary when stores buy from USDA regulated
breeders/dealers. Don't condemn legal businesses. People should have a
choice of their pet. Pet stores are well regulated in CA, with warranties to
protect buyers. Buyers can see their puppy prior to purchase.

**When the demand for puppies is not met they will increasingly come from
unregulated and undesirable sources. Puppies are already being imported
from Mexico and elsewhere and sold underground. Rescue groups are not
regulated and some bring in imports.

**There are few if any "kitten factories" in the US; pedigreed cats are
rarely raised commercially nor are they sold in Oceanside pet stores. Any
substandard catteries reported to CFA are handled through our disciplinary
system.

**Rabbit breeds are going extinct and are rarely sold in pet stores.

**The proposed ordinance is an empty "Puppy mill statement" by those who
want a monopoly on only shelter/rescue animals sold. This is a step in the
attempt to see that purebred dogs/pedigreed cats bred and raised by
breeders will become extinct.

This is not just an issue of a "Pet Store Ban" on selling puppies. The
people picketing and supporting this next want mandatory spay/neuter. Don't
let our breeds, breeders and cat shows go down because of this push by
activists in our County. Let's stop this in Oceanside !!!


Joan Miller
CFA Legislative Information Liaison
JMillerArt@aol. com
San Diego California
619-269-0107
_www.cfa.org_ (http://www.cfa. org/)

 

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