HomeMy WebLinkAboutInitiate Zoning Ordinance Amendment Prohibit Commercial Animal BreedingCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: REQUEST FOR APPROVAL TO INITIATE A ZONING ORDINANCE
AMENDMENT PROHIBITING COMMERCIAL ANIMAL BREEDING
WITHIN THE CITY
SUBMITTED BY: Ryan Stendell, Director of Community Development
DATE: September 22, 2016
CONTENTS: City Council Meeting Minutes of July 28, 2016
Draft Ordinance: City of Coachella
Recommendation
By Minute Motion: Direct staff to initiate a Zoning Ordnance Amendment
prohibiting commercial animal breeding within the City of Palm Desert.
Executive Summary
Approval of staff's request would direct staff to research and draft an ordinance relating to
prohibitions on commercial breeding of dogs and cats within the City boundaries. Staff's
recommendation is the result of discussions with local advocates who spoke at the July 281h
City Council meeting. Staff believes that taking a look at such an ordinance could be helpful in
controlling the population of stray animals in the region. If approved, staff would prepare a draft
ordinance to be placed on a future City Council agenda.
Backqround
At its July 28, 2016 meeting, the City Council was addressed by a group of local animal
advocates relating to a retail store located in Palm Desert. The Council directed staff to meet
with this group at the conclusion of their remarks. Staff met with the group and heard their
concerns surrounding prohibiting retail sales and commercial breeding of animals within the
City. The advocates' concerns fall into two primary categories which are summarized below and
analyzed later in this report:
Prohibition of Retail Animal Sales: The local advocates staunchly believe puppies being
sold at Palm Desert Puppies are not coming from credible breeders. Riverside County
Animal Control has been in routine contact with this business and has issued citations in
the past for minor infractions. However, there has not been any evidence produced for
the City by Riverside County Animal Control that the puppies being sold at Palm Desert
Puppies are from "puppy -mills,"
2. Prohibit Commercial Breeding: One interesting suggestion from this group relates to
prohibiting all commercial breeding of animals (dogs & cats). The group presented a
model ordinance, which has been used by other cities (copy attached). The model
ordinance would make the determination that commercial breeding contributes to the
Staff Report
Zoning Ordinance Amendment:
Page 2 of 2
September 22, 2016
Prohibition of Animal Breeding
stray animal population within the City, and also contributes to unhealthy or inhumane
conditions for dogs and cats.
Analvsis
After meeting with this group, it is clear to me that they have the best intentions for animal
safety and welfare. Staff has kept in regular communication with this group and summarized
staff's recommendations below:
Prohibition of Retail Animal Sales. Staff is not recommending any prohibition of retail
sales of animals within the City, The City has rarely engaged in regulating legal
merchandise that businesses sell. Many items found for sale might be desirable to some
and objectionable to others. Tobacco, guns, furs, or tattoos are examples of items that
are in demand by some and found distasteful by others. With only one retail puppy store
in Palm Desert, I believe we are fortunate that this is not a widespread problem.
Riverside County Animal Control has investigated the claims of this group relating to a
local retail store which resulted in a few minor infractions, but nothing proving they are
operating outside of the law,
2. Prohibit Commercial Breeding: Staff does believe exploring this issue in more depth
would be a worthwhile exercise. If the Council approves staff's recommendation, we
would research the appropriateness of a prohibition on commercial breeding and bring
forward a draft ordinance at a later date. Currently there are no active business licenses
on file in the City for licensed animal breeders. Staff anticipates if breeding is occurring
within the City, it would be small unlicensed operations. Having a prohibition in place
would give our staff the tools needed to address any potential issues we become aware
of.
The City cares deeply for animals and their issues as evidenced by our subsidized pet adoption
and vaccination programs, our support of the County Animal Campus, and providing ample
recreation spaces for our residents and their canine companions. Staff is recommending we
look further into prohibiting commercial breeding, which would be seen as a positive step by our
local animal advocacy groups.
Fiscal Analvsis
There is no fiscal impact relating to staff's request.
Submitted By:
P42)
Ryan Stendell, Director of Community Development
Approval:
Ju n cCarthy, Interim City M ger
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 28, 2016
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
0�
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Mayor Pro Tern Jan C. Harnik
VII. INVOCATION - Mayor Robert A. Spiegel
Vill. ORAL COMMUNICATIONS - B
THE FOLLOWING INDIVIDUALS addressed the Council about the Palm Desert
Puppies Store located on San Pablo Avenue in the City, asking that the Council
enact an ordinance to ban the sale of puppies. They claimed the puppies they sale
are sick or have been known to die within days or weeks of going to their new
homes. They requested Council help put an end to backyard breeders and puppy
mills to end the cycle of animal cruelty and suffering by joining nearly all the other
cities in the Coachella Valley. They pointed out the Lockyear-Pol anco- Farr Pet
Protection Act and the Polanco-Lockyear Pet Breeder Warranty Act that the State
of California incorporated into the Health and Safety Code, which governs breeding
and retail sale of dogs. As a municipality, the City has an obligation to make sure
the laws are enforced on behalf of the community. They claim the City has allowed
the flaunting of State law for many years by Palm Desert Puppies, stating they are
a product of poor breeding practices, providing little vet care and filthy conditions.
The group questioned who exactly was supplying the store with these puppies,
because only the barest of information is available on the cages at the store. They
called on the City to conduct an investigation to let the public know who these secret
breeders are, and hopefully, close them down for illegal practices. None are
registered with the American Kennel Club or any other governing body of purebred
dogs, yet marketed as purebred. They proposed two different types of breeding
bans, one restricts breeding altogether and the other option makes breeders follow
a set of guidelines where the City can structure it by requiring a business license,
a permit, and monitor it to ensure it stands up to every other business code there is.
One of the speakers left a packet with the City Clerk that included four testimonials
and supporting documents, which was a small percentage of all the disgruntled
customers who have purchased sick mill puppies from Palm Desert Puppies, which
is of record and on file with the Office of the City Clerk. Council was informed it was
the only city holding out, and it was not benefitting the citizens to have this Palm
Desert Puppies store and other bad breeders, because many of these animals end
up back at the shelter.
MR. CORBETT BRATTIN, Gentry Court, Desert Hot Springs, CA.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 28, 2016
MS. DEBORAH GODLY, Calle Sonora, La Quinta, CA
MS. VALERIE MASI, Business Owner of Best Paw Forward
MS. TIFFANI LoBUE, Avenida Alvarado, La Quinta, CA
MS. JANET LITTON, Elkhorn Trail, Palm Desert, CA
Mayor Spiegel encouraged the speakers to make a date with Community
Development Planning Director Ryan Stendell to discuss the matter.
MR. PATRICK SWARTHOUT, President for Habitat for Humanities, reported that
the two veteran homes they are building on San Benito Circle under the
Development Agreement with the City that started in September 2015, which gave
them a year to complete, is being delayed. They thought they were going to be on
time, but they ran into a funding situation. Unfortunately, attorneys got involved in
the process and it took longer than anticipated, but on June 28 they acquired all
their funding and plan to finish the homes in November. They sent a letter to the
City requesting an extension on the Development Agreement, and they are in the
process of moving forward with the undergrounding. They brought in Developer
D.W. Johnston who has been a Godsend. Currently, the developer has bids out to
complete the block walls all the way around both of the properties; however, that
can't happen until the undergrounding is complete. He reiterated that they anticipate
completion of the homes to be in November. Secondly, on Monday, they are having
their first family selection meeting with about 15 veteran families for those homes,
and they will be moving that process forward as well. He added that because of the
banking situation, it makes it very difficult for them to be a bank, so they are working
with the Los Angeles Habitat for Humanities to take over that process for them.
Therefore, they are only doing a screening to see how many families would possibly
qualify, so they are not taking applications or processing anything at this point.
Mayor Spiegel stated, for the benefit of the audience, the City donated the land to
Habitat for Humanities for veteran housing.
MS. KAREN KNOWLES, Montana Vista Drive, Palm Desert, CA, expressed her
opposition to the CV Link, stating she and many of her friends oppose it. She
questioned Council's rationale for not putting the issue to a vote of the residents.
She said if the residents approve it, the Council will know its doing the right thing,
and if voted down, it will point the Council in a different direction.
Mayor Spiegel asked her to provide contact information to Interim City Manager
Justin McCarthy so that he could go over the CV Link matter with her.
12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
r.OF COACHELLA, CALIFORNIA ADDING CHAPTER 17.91
TO THE COACHELLA MUNICIPAL CODE TO PROHIBIT
COMMERCIAL ANIMAL BREEDING WITHIN THE CITY
WHEREAS, the City of Coachella ("City") has the authority to regulate to ensure the
public's health, safety, and general welfare; and
WHEREAS, the City Council of the City finds that the commercial breeding of cats and
dogs is not compatible with surrounding uses in any zone of the City because of the noise and
odors associated therewith; and
WHEREAS, the City Council finds that such commercial breeding contributes to the
stray animal population of the City, which is a significant issue and a drain on City resources;
and
WHEREAS, the City Council finds that such commercial breeding often contributes to
unhealthy and inhumane conditions for dogs and cats within the City; and '
WHEREAS, under the City's Development Code (Title 17 of the Coachella Municipal
Code), all uses that are either not expressly permitted of are not similar to a permitted use are
prohibited; and
WHEREAS, the commercial breeding of cats and dogs is not currently expressly
permitted under the Development Code and is not considered by Cit staff to be similar to any
other permitted ; and
WHEREAS, notwithstanding the foregoing, the City Council desires to clarify that the
commercial breeding of dogs and cats is not permitted within the City; and
WHEREAS, the City finds that the proposed rules related to animals will best serve the
public's health, safety, and general welfare.
THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA., DOES
ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into
this Ordinance.
SECTION 2. Chapter 17.91 is hereby added to Title 17 of the Coachella Municipal Code
to read as follows:
"CHAPTER 17.91— COMMERCIAL ANIMAL BREEDING
17.91.010 — Intent and purpose.
• .1. The purpose of this Chapter is to protect the public health, safety, general welfare, and
quality of life in the City. The City Council finds that Commercial Animal Breeding is not
compatible with surrounding uses in any zone of the City because of the noise and odors
associated therewith. In addition, the City Council finds that Commercial Animal Breeding
contributes to stray animal population of the City. Furthermore, the City Council finds that
Commercial Animal Breeding often contributes to unhealthy and inhumane conditions for dogs
and cats within the City.
17.91.020 — Definitions.
For the purposes of this Chapter, "Commercial Animal Breeding" shall mean the
business of breeding dogs or cats for the purpose of sale, lease, or exchange for something of
value. Breeding shall include the mating and production of offspring by animals and be deemed
to have occurred upon the production of offspring, whether such offspring result from sexual
activity or artificial insemination, and whether such sexual activity was intentional or the result
of improper confinement.
17-91.030 — Prohibition on Animal Breeding.
Commercial Animal Breeding is prohibited throughout the City. No person shall permit,
establish, or operate a Comumercial Animal Breeding operation at any property within any zone
of the City.
17.91.040 — Violation and Enforeement.
Any violation of this Chapter is designated as a misdemeanor and a public nuisance. The
nuisance may be enjoined or otherwise abated by the City in the manner prescribed by Title 3 of
this Code and any other applicable provision of state or local law."
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or any part thereof is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional.
If for any reason any portion of this Ordinance is found to be invalid by a court of competent
jurisdiction, the balance of this Ordinance shall not be affected
Ordinance No. _
Page 2
r
SECTION 5. Certification. The City Clerk shall certify the passage of this Ordinance
and shall cause the same to be entered in the boob of original ordinances of said City; shall make
a minute passage and adoption thereof in the records of the meeting at which time the same is
passed and adopted; and shall, within fifteen (t5) days after the passage and adoption thereof,
cause the same to be published as required by law, in a locai.newspaper of general circulation
and which is hereby designated for that purpose.
SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(e)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Cbapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
ORDINANCE PASSED AND APPROVED on this day of , 2016 by
the following vote.
AYES:
NOES:
ABSENT;
ABSTAIN:
ATTEST:
Angela M. &peda, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attomey
Steven Hernandez
Mayor
Ordinance No.
Page 3
can contribute to the spread of animal diseases, which can then become a major problem for
shelters.
ALTERNATIVES:
1) Recommend to City Council approval of the attached draft Ordinance.
2) Recommend to City Council approval of portions of the draft Ordinance, or a modified
version of the Ordinance.
3) Continue this item and provide staff with direction.
Attachments:. Draft Ordinance Adding Chapter I7.91
MAKE A DIFFERENCE IN THE LIVES OF
PUPPY MILL PUPPYS & KITTENS
TAKE ACTION!
TABLE OF CONTENTS
Introduction to Puppy Mills 1-5
Faces 6
Where they live 7
Kitty Mills 8
C.A. PS. Investigations 9 —10
Sick Puppies 11— 14
Stressed 15
Council passes Bill 16 — 17
Going Humane 18
Shelter Stats 19 — 2Q
Killing Dogs 21
Summary 22
Remedy 23
A Closer Look at Puppy Mills I ASPCA
A Closer Look at Puppy Mills
Puppy mills are large-scale commercial dog breeding operations where profit is
placed above the well-being of animals. Bred without consideration of genetic
quality, this produces generations of dogs with unchecked hereditary defects.
I
Some puppy mill puppies are sold to pet shops and marketed as young as eight
weeks of age. The lineage records of puppy mill dogs are often falsified, and puppy
mill dogs are often plagued with health problems.
A Look at Life Inside a Puppy Mill
The number of dogs in a puppy mill can vary significantly, ranging from 10 to
1,000 breeding dogs. Because not all puppy mills are licensed and inspected, it's
impossible to know the true average.
To maximize profits, female dogs are bred at every opportunity with little to no
recovery time between litters. When they are physically depleted to the point that
W191ZD16
A Closer Look at Puppy M ills I RSPCA
puppy in the pet store window are unlikely to make it out of the mill alive —and
neither will the many puppies born with overt physical problems.
Puppy mills usually house dogs in overcrowded and unsanitary conditions,
without adequate veterinary care, food, water and socialization. Puppy mill dogs do
not get to experience treats, toys, exercise or basic grooming. Dogs are often kept
in cages with wire flooring that injures their paws and legs —and it is not unusual
for cages to be stacked up in columns. Breeding dogs at mills might spend their
entire lives outdoors, exposed to the elements, or crammed inside filthy structures
where they never get the chance to feel the sun or breathe fresh air.
T,
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Common Health Problems that impact Puppy Mill Dogs
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Illness and disease are common in dogs from puppy mills. Because puppy mill
operators often fail to apply proper husbandry practices that would remove sick
dogs from their breeding pools, puppies from puppy mills are prone to congenital
and hereditary conditions. These can include:
• Epilepsy
■ Heart disease
• Kidney disease
• Musculoskeletal disorders (hip dysplasia, luxating patellas, etc.)
• Endocrine disorders (diabetes, hyperthyroidism)
• Blood disorders (anemia, Von Wiilebrand disease)
• Deafness
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• Eye problems (cataracts, glaucoma, progressive retinal atrophy, etc.)
Respiratory disorders
On top of that, puppies often arrive in pet stores and their new homes with
diseases or infirmities, including:
Giardia
• Parvovirus
• Distemper
• Upper respiratory infections
• Fennel cough
• Pneumonia
Mange
Fleas
• Ticks
• Intestinal parasites
Heartworm
Chronic diarrhea
Behavior Problems in Puppy Mill Dogs
Fearful behavior and lack of socialization with humans and other animals are
typical of puppy mill dogs. Puppies born in puppy mills are typically removed from
their littermates and mothers at just six weeks of age. The first months of a puppy's
life are a critical socialization period for puppies. Spending that time with their
mother and littermates helps prevent puppies from developing problems like
extreme shyness, aggression, fear and anxiety.
Tips to Avoid Purchasing a Puppy Mill Dog
Many pet store owners will tell you they get all their puppies from "licensed USDA
breeders" or "local breeders" In fact, in order to sell puppies to pet stores, a breeder
must be licensed by the USDA. Pet stores often use this licensing to provide a false
.qpn.qP of .Rprriirity to riistomers_ when what it reallv means is that thev do. in fact.
W19/2016
A Closer Look at Puppy Mills I ASPCA
get their puppies from puppy mills. Being registered or "having papers" means
nothing more than the puppy's parents both had papers. Many registered dogs, as
well as pedigreed dogs, are sold in puppy mills. The only way you can be sure that a
puppy came from a reputable source is to see where he or she came from yourself.
I L.t }iQ§ sold online often come from puppy mills [/animal-crueltylpuppy
mills/why -you -should - neve r - bum- pup y- online] Responsible breeders would
never sell to someone they haven't met because they want to screen potential
buyers to ensure the puppies are going to good homes_
Acquiring Purebred Dogs Elsewhere
Please make adoption your first option. Purebred dogs end up in shelters just like
mixed breeds. Breed rescue groups exist for just about every breed possible. If you
have your heart set on a purebred, please be sure to visit your local shelter or find a
breed rescue group before searching for a breeder. If you can't find what you want
through a shelter or breed rescue group, please learn how to recognize a
responsible breeder. When buying a dog from a breeder, always be sure to meet the
puppy's parents or at least the mother, and see where the dogs live. Never meet a
breeder at an off -site location, and never have a puppy shipped to you sight -
unseen.
Puppy Mills Across the United States
The highest concentration of puppy mills is in the Midwest, specifically in
Missouri, but there are also high concentrations in other areas, including
Pennsylvania, Ohio and upstate New York. Commercial dog breeding is very
prevalent among Amish and Mennonite farmers. There are typically between 2,000
and 3,000 USDA -licensed breeders (commonly referred to as puppy mills)
operating in the United States. This number does not take into consideration the
number of breeders not required to be licensed by the USDA or the number of
breeders operating illegally without a license. Because so many of these breeders
are operating without oversight, it's impossible to accurately track them or to know
how many there truly are. The ASPCA estimates that there could be as many as
10,000 puppy mills across the nation.
Puppy Mill Legislation
9(19M16
A Closer Look at Puppy Mills I ASPCA
The federal Animal Welfare Act (AWA), passed in 1966, requires breeders who have
more than three breeding female dogs and sell puppies to pet stores or puppy
brokers to be licensed and inspected by the U.S. Department of Agriculture (USDA).
In most cases, the standards that breeders are required to meet by law are
extremely minimal. Under the AWA, it is legal to keep a dog in a cage only six
inches longer than the dog in each direction, with a wire floor, stacked on top of
another cage, for the dog's entire life. Conditions that most people would consider
inhumane, or even Cruel, are often legal.
With the evolution of Internet commerce, puppy mills have sprouted up all over the
world to provide poorly bred puppies of every imaginable breed directly to the
consumer. As a result, the U.S. market has seen an increase in imported dogs in bad
health and/or possibly carrying diseases that could harm people and other animals.
Because foreign puppy mills are not subject to U.S. regulations --such as the
standards set forth in the AWA--it is likely that many of these dogs are bred and
raised in extremely inhumane conditions.
An amendment to the 2008 Farm Bill prohibits the importation of puppies less than
six months of age for the purpose of resale. In August 2014, the USDA adopted
regulations implementing the law at national ports of entry.
More than half of U.S. states have chosen to legislate higher standards of care for
commercially bred animals beyond the bare minimums required by the AWA.
Unfortunately, 21 states have no laws on the books regulating commercial dog
breeders —and a number of states that do require breeders to be licensed and
inspected by the state only require commercial breeders to meet USDA standards
of care.
10,F000
estimated puppy mills in the U.S.
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Yes, Kitten Mills Are A Thing
Posted on August 3. 2015 by CAPS
Dirty kittens at a Nebraska Kitten Mill
"-a-sterday I met my friend Anna for coffee. The place we went was good, but too
trendy. (Four dollars for a cup of drip? What's wrong with people!?!) But I was there
for conversation, not savings, so I let it go. Continue reading
Puppy Mill Coupons
Posted on Jury 27. 2016 by CAPS
The days are just too short. Between protests and rescues and investigations and
legislation, every second here at CAPS is precious. That's probably why we love
acronyms. GIG. ACI. APHIS. We're always using these little time-savers. And over
the years, there's probably no single acronym you've heard us utter more often
than "USDA." Continue reading
CAPS Investigator's Journal: The Van Wyk Puppy
Mill
Posted on Mav 2. 2696 6y Veronica
Overcrowded cage with insufficient headroom
As an investigator for CAPS, I've been
inside 700 puppy mills. After that many
rusty cages, crowded pens, and terrified
barking dogs, you'd think it would all run
together — one big pet -producing factory in
my mind. But despite the identical
conditions I've seen across the country,
there are still some places you never
forget. No matter how hard you try...
and peeling paint (2006)
Continue reading
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CAPS Blog
Articles and Insights from the Leading Investigator of Pet Shops and Puppy Mills.
CAPS Investigator's Journal: The Hurliman Puppy
Mill
Posted on Seotember 7. 2016 by CAPS
I can always hear the barking as I approach. The closer I get, the more I can smell
it and the more I dread what's coming. Then I round the corner, and the cages
appear. I know what to expect, but it never makes the sight less gut -wrenching. It's
a puppy mill — filled with terrified, filthy dogs, crammed into tiny pens, mass-
producing puppies for the pet shop industry.
This particular investigation for CAPS took me to the Oklahoma puppy mill where
Make, the loving and sweet Cavalier King Charles from Jake's Bucket List, spent his
first six years — suffering. I was at Dwayne Hurliman's puppy mill. Continue reading
Pups sick, owners pay big due to lax pet -store laws
F. i Stan flesh Pfeiffer, rim ghkceps ic Jourual 11 13 u.m. F.DTAprd 15, 2015
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Under the state law, animal welfare officers cannot fake action if puppies get sick after purchase -- even though
pets may be incubating kennel cough, pneumonia and even deadly parvovirus before. . 1=ullscreen
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WagnerlFbughkeepsie Journal}
cruelty statute.
Julie Franceschini was heartsick when she had to return he, new YoTA e r erto the pet store, unable to
afford the pricey medical care a veterinarian said it would need.
But the teacher and Town of Poughkeepsie resident was furious, she said, when she learned the tiny t ck
and brown puppy, though ill, had been put back in the store window. So she called the Dutchess Coun
Society for the Prevention of Cruelty to Animals.
Franceschini's misbegotten purchase, in March 2011, kicked off a probe, SPCA officials confirmed, that led to
the seizure of 10 dogs from the newly opened Puppies & Kittens store in Wappingers Falls, the arrest of
owner Richard Doyle and his guilty plea to one count of selling a diseased animal under the state's animal
While Doyle met the terms of an agreement to do better by his live animals, seven other store customers nonetheless told the Poughkeepsie Journal
of newly purchased puppies that soon became sick, some incurring vet bills in the thousands. That includes three puppies sold in March — a figure
Doyle said was very low considering he sold 231 dogs in that time.
"My problem ratio is less than 2 percent," said Doyle, who has three stores operating under the name American Breeders.
THE PDll_CHKEEPSIE JOl)RNAL
env seller hlnmes RSPCA' nmiln calls fir bettP,r care
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Contending the dogs were "not that sick," he said, "It drives me nuts that a vet can sit and charge even $1,000 for a dog with pneumonia and kennel
cough." The "worst case" of pneumonia, he said, should cost no more than $50 to treat.
Indeed, some of the bills, provided by owners to the Journal, are far higher.
One owner spent $3,500 to hospitalize an Australian shepherd named Jack for pneumonia. A20-year-old student carrying college loans has so far
spent $3,400 to treat a Jack Russell terrier mix. Muffin, for life -threatening parvovirus, which killed another puppy among the seven cases. And Karen
Kessler of Hopewell Junction has racked up $7,000 in veterinary fees for an English bulldog named Petunia.
"She was a sick, sick, very sick little dog," said Kessler, adding she deferred paying her mortgage to care for Petunia, 15 weeks old. 'It realty wiped us
out."
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Muffin, a 14-week-old terrier mix, is shown at a veterinary hospitat tact week, where she was being treated for Ilfe-threatening parvovirus, according to medics$ record
The Puppies & Kittens store refunded her $899 purchase prica, her owner, Geniene Amoid, said. (Photo: Provided by Gvr*rre Arnold]
Gaps in law
Inspections by the state Department of Agriculture and Markets show the Dutchess store has been deemed "compliant" in 12 inspections since
January 2011. including one in December after a customer returned a sick dog.
But the problems encountered by these customers, undoubtedly a minority of buyers at Puppies & Kittens, demonstrates what animal -welfare exper
say are glaring gaps in statutes governing the sale of these pets.
Under the state law, animal welfare officers cannot take action tf puppies get sick after purchase, they said, even though the pets may be incubating
serious illness, like kennel cough, pneumonia and even deadly parvovirus, before. And the law requires reimbursement only up to the price of the dt
though vet costs can go much higher.
"Despite the search warrants, resulting animal seizures, criminal charges and complaints from consumers," said SPCA Senior humane Law Officer
Kim McNamee, "these stores still remain in business." She called state law "antiquated" and inadequate to address pet -store issues.
Whiie the SPCA enforces animal -protection laws, anly the state can revoke licenses. Figures show it has pulled store licenses five times in the last fr
years; three of the revocations were for a chain with one shop in Yonkers. Currently, there are 274 licensed pet dealers, including stores and
breeders.
In response to questions about the Puppies & Kittens store, the state Department of Agriculture and Markets, which oversees pet sellers, said in a
statement for this article - "We are investigating the owner's cruelty convictions and will take appropriate action once this investigation is complete."
Doyle declined comment on the statement and ended a phone interview, maintaining the Journal had spurred the investigation and was on a "witch
- hunt."
In addition to the revoked licenses, the department handed out $13,500 in pet-retaller fines in the latest fiscal year, including to dog breeders. Some
anima[ -welfare advocates see such figures as anemic— or "absurd," said Deborah Howard, president of the Massachusetts -based Companion
Animal Protection Society, who contended the agency seldom cites violations.
Get local neyrs, insights and more for as low as
Moreover, the enforcement efforts — defended as robust by sUZI l' to curb what the SPCA and ethers see as the underlying
problem: a profitable and harmful trade in puppies that begin l'ng facilities in states like Iowa, Kansas or Missouri, as reDortec
the Journal March 94_jstorvinews)investioations1201510312 1 -f l- lees spurt times-sickI7051fi71?Ij_ There, adult dogs --- considerec
livestock under federal law — are confined to cages, while their vu t'FCrSg are birthed, weaned and transported in ways that can make the
sick. (HTTP'//OFFERtS.PrS0UGHKEEPSIEJOURNAL. COWSPECIALOFFER?
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Rosie, an eight -month -old Maltese puppy who suffered dtgestive and respiratory illness after purchase, chews a a treat In her owners home in the Town of
Poughkeepsie. (Photo: Alex H. WagnerlPaughkeepsie Aurnao
Sweeney won his case for veterinary bills -- and circumvented the lemon law limit — by relying on a 2009 Appellate Division case. In that case, a
judge ruled a sick dog was a defective product under the state commercial code, entitling its owner "to recover the resulting veterinary expenses."
'It was a couple long nights, a lot of anger, a lot of emotions," Sweeney said of the experience. '1 think that that (lemon) law needs to be re-examined
Last August, the Pet Zone store was cited for two "critical' violations of state animal -welfare regulations when a CavallerlCocker and a Pomeranian
puppy were "in the sales room ... coughing and sneezing," an inspection report states. Self said, "the puppies were immediately taken to the
veterinarian ... [and] found to be healthy." Another inspection a week later found the store in compliance.
Warning issued
While Puppies & Kittens was found not to have violations, records show eight of 12 inspections were marked "special" — usually those prompted,
officials said, by complaints or concerns; one report in December referred to a returned puppy that had been reported sick.
It isn't known how often pet -store pups turn ill; no state figures are kept on dogs declared by vets to be "unfit for purchase," the legal term that allows
owner refunds. But the Dutchess SPCA warned, after the 2011 seizure of seven ill puppies from a Gaileria pet stove that has since closed, of buying
pet stores or online because of where puppies originate.
Pet -store purchases, said Matt Bershadker, president of the American Society for the Prevention of Cruelty to Animals, in a statement to the Journal,
"are feeding the profit -making machine that keeps these cruel puppy mills in business."
Among pet -store puppy buyers, pneumonia was the most common problem of sick dogs. It can be caused by exposure to many pathogens but most
commonIy to kennel cough, a highly contagious canine disease, according to Dr. Justin Nowowiej ski, a critical care clinician at VCAAnimaI Specialty
and Emergency Center in Wappingers Falls, a 24-hour care center to which vets refer seriously ill animals. The vet said in the last few months he ha,
seen three puppies with pneumonia that had been bought at Puppies & Kittens and none from Pet Zone.
Bethany Wise, 20, of the Town of Poughkeepsie bought a tiny white Maltese puppy last Sept. 30 at Puppies & Kittens; Rosie was declared unfit last
Oct. 4, four days after her purchase for $1,400, medical and sale documents show.
"Pet is emaciated and ill" with digestive and respiratory issues, wrote Dr. Bette Meyer -Davis of Dutch ess Animal Clinic, Wappingers Falls. "I cannot
predict future costs of treatment."
$25,000 spent
That assessment sums up a quandary faced by owners of sick puppies: How much to treat. In one pneumonia case, Nowowiejski, the VCA vet, said
MW ,
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Holly, a Labrador retriever purchased Jan- 4, was hospitalized Jan. S for pneumo n la, veterinary records show. The $1.400 cost of the dog was refunded. Shown here it
February, Holly is now five months old and doing wetl. (Photo: Provided by ChrMjhaAntoJino)
"They are aware these animals do not come from the best of conditions, are exposed to many illnesses, overcrowding and are under a lot of stress
from transporting," SCPA's McNamee said, referring to puppy stores- "They should be exemplary in their care standards but seem to fall short." She
suggested the store should alert recent puppy buyers to the parvovirus case, while testing dogs that came in contact with the puppy -
Agriculture department officials said Wednesday they would visit the store to see if proper follow-up was done. Meantime, the dog's owners, Megha
and Geniene Arnold, 19 and 20 years old, have struggled to fund hospital care as the dog teetered between life and death. The terrier had been
transported from Missouri by a broker cited for overcrowded vans in 2013 and other violations, records show -
Wrenching choice
Puppies & Kittens is not the only local seller to have puppies get sick after purchase- Two customers of The Pet Zone in the Town of Poughkeepsie
Galleria also told of buying puppies that soon began coughing and became lethargic, even unresponsive -
As vet bills mounted, they, and the other puppy buyers interviewed, faced a traumatic choice under the state's pet "lemon" law that to most was no
choice at all. They could trade the pet in for cash or a new dog_ Or they could be compensated for costs, but only up to the price of the dog, genera
from about $1,000 to $3,000. Most kept the animals, over which they had become fiercely protective -
"The dog stays in my hands," insisted Lena Di5iena of the Town of Poughkeepsie, when offered an exchange at The Pet Zone for her daughter's
$1,600 Shih-poo, Chase, sick with Bordatella or kennel cough. "I will nurture it-'
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In another Pet Zone case, a Town of Poughkeepsie man, Scott Sweeney, bought a 1.8-pound Havanese, Charlie, in February 2014 that soon turne.
critically it[ -
Pet Zone officials acknowledged that refunds were given for the two dogs. aiSiena was paid $855 for medicai care- Sweeney was refunded nearly
three times the cost of the dog, store owner Ted Bell said, the outcome of a small claims lawsuit.
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Council passes bill to ban pets from puppy mills - NY Daily News
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BY ERIN DURKIN 1 NEW YORK DAILY NEWS 1 Wednesday, December 17, 2014, 4:42 PM A A A
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"Puppy mills" will be sent to the doghouse under a wide-ranging package of City Council legislation
that tightens regulations on pet shops.
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The new pet store rules, which passed 49-2, will require pet shops to get dogs and cats directly from stirrinc
licensed Breeders. Washi
By ADA
The legislation would outlaw buying from breeders who have violated the Animal Welfare Act, and
would also bar buying from brokers, who often act as middlemen to sell animals from puppy mills
that keep young animals in squalid conditions.
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. "You have bad breeders that are breeding cats and dogs in an inhumane, unhealthy, abusive way, Fac"i
and consumers don't know about it," said Councilman Corey Johnson (D-Manhattan), chair of the wakes
health committee. "It is disgusting, it is inhumane, it is immoral how people are treating animals only
for the reason of profit and money."
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The bills will require pet shop owners to provide buyers with information on the breeder. found
Backers say customers often unwittingly buy pets that came from rogue breeders, and end up with
sick animals they can't take care of. Orland
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Council passes bill to ban pets from puppy mills - NY Daily News
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Councilwoman Elizabeth Crowley discussed pet shop legislation outside City Hall Thursday.
dirty spaces.
The new legislation will banish rabbits outright from city pet stores.They often end up abandoned in
city parks, and devoured by larger animals.
"Rabbits reproduce... like rabbits," said Councilwoman Elizabeth Crowley (D-Queens) said. "There's
no space in the shelter system right now for rabbits."
Owning rabbits, and getting a new one from a breeder or shelter, would remain legal.
Another bill will require all cats and dogs sold by pet stores to be spayed or neutered. And store
owners will be required to microchip the animals with the owner's contact information so they can be
more easily found if lost.
JOIN THE CONVERSATION:
A 16S
DONATE
E y You �
Mission Programs Deborah Howard Staff & Board
Humane Stores
Four Pet Shops in the Los Angeles Area Went Humane in Just Eight
Months
Aquarium & Pet Center in Santa Monica, California signed a legal agreement to convert to a humane
business model. In late October of 2009, this pet store, which has been in business for over 20
years, decided to stop selling puppies from mills. Aquarium & Pet Center now works with a rescue
organization to promote adoptable animals from the Los Angeles municipal shelter system. The store
adopted out a number of animals in 2010 and 2011 and serves as a model for humane stores.
Aquarium & Pet Center had been the target of an ongoing CAPS investigation linking the store to The
Hunte Corporation, the largest USDA licensed dog brokering facility in the country. CAPS is quite
familiar with the practices of Hunte as the result of an undercover employment investigation at this
large facility and ongoing investigations of Hunte's puppy mill suppliers. In addition to dogs supplied
from inhumane breeding facilities in the Midwest, some of the puppies sold at Aquarium & Pet Center
were from a puppy mill just outside of Los Angeles.
Aquarium & Pet Center was the fourth store in Los Angeles to succumb to investigations and protests
by CAPS between March 2009 and November 2009. The store went humane after just three
weekend protests by CAPS. Other stores no longer selling puppy miff dogs include Elaine's Pet
-Depot, Elite Animals, and Pets of Wilshire. Elaine's Pet Depot, part of a chain in the U.S. and
Canada, offers rescue animals for adoption, On the basis of our efforts against Elaine's, the entire
Pet Depot chain stopped selling dogs and cats (some didn't before).
Outcome Statistics
for the reporting period of 8/1/2016 to 8/31/2016
Department Outcomes
DOG CAT
OTHERS
Total
ADOPTION
468.
251
20
739
TRANSFER ADOPTION PARTNER
550 '
141
51
742
TRANSFER TO OTHER AGENCY
19
17
1
37
RETURNED TO OWNER
311
13
3
327
FOSTERED OUT
11
128
0
139
EUTHANIZED TREATABLE
173 Y - - 548
`8
u 829
EUTHANIZED UNTREATABLE
111
851 - -
69
�.�•.., 1,031
Total
1,643
2,049
152 ,
3,8+14
By Shelter Outcomes
for the reporting period of 111/2016 to 8/31/2016
DOG CAT SIR❑ LWESTOCK OTHERS `dotal
BLYTHE ADOPTION 31 18 0 0 0 49
SHELTER — —�
TRANSFER ADOPTION PARTNER 2 4 0 0 0 6
RETURNED TO OWNER 38 0 1 0 0 39
EUTHANIZED TREATABLE 11 2 0 0 0 13
EUTHANIZED UNTREATABLE 64 : 121 1 ❑ ❑ 186
Total 146 145 2 ' 0 0 293
CVAC SHELTER AD TION 902 269 7 0 18 1,196
SFER ADOPTION PARTNER 659 + 491 99 4 20 1,273
RETURNED TO OWNER 593 27 . 0 1 1 622
FOSTERED OUT 9 ' 59 1 0 0 fig
EUTHANIZED TREATABLE 117 164 2 0 1 284
�j EUTHANIZED UNTREATABLE 5rj4 1,701 43 0 44 2,342
Total — 2,834 -- 2,711 152 - 5 ----84 5,786
,IVERSIDE ADOPTION 1,843 796 33 21 118 2,811
MELTER
TRANSFER ADOPTION PARTNER 2,283 ! 965 228 25 158 3,659
TRANSFER TO OTHER AGENCY 1 0 0 0 0 1
RETURNED TO OWNER 1,439 79 4 7 5 1,534
FOSTERED OUT 17 231 8 1 4 261
EUTHANIZED TREATABLE 623 .. 2,282 30 1 16 2,952
EUTHANIZED UNTREATABLE 197 2,353 145 7 272 2,974
Total 6,403 6,766 ! 448, 62 573 14,192
SAN ADOPTION 503 122 6 1 28 ON
BERNARDIN❑
CONTRACT TRANSFER ADOPTION PARTNER 626 123 57
CITIES - - - - 9 ---- 35 — -- 836
RETURNED TO OWNER 286 6 2 0 0 294
FOSTERED OUT 8 51 0 0 6 65
i
EUTHANIZED TREATABLE 213 : 433 12 0 3 661
EUTHANIZED UNTREATABLE 38 528 20 0 2 588
Total 1,674 1,253 91 2 74 3,104
SAN JACINTO ADOPTION 613 277 23 14 17 944
Page 3 of 9 FAChameleonstats120161aug 2016 Outcome Statistics CY i
f longer able to
ly lay the dog
FINAL MOMENTS — A second injection is gi-
ven to hasten the inevitable. The dogs heart
beats only sporadically now.
7f people knew we
did this, maybe they
would fake better
.-are of them.'
)onna Martin, Manager
Hi -Desert
Humane Center
Star photos
by
Tim Butone
UNWANTED PETS — Once the dog has died,
it isplaced in a 55-gallon drum in a freezer atthe
shelter. In the course of a month, IS such drurr*
will be filled to capacity with unwanted animals,
Later the bodies will be cremated.
Gc3rt G,, —ZAlS 1
(L_� / )
RIVERSIDE COUNTY ANIMAL SERVICE
DIRECTOR, Robert Miller
CVAC — Coachella Valley Animal Campus serves Palm Desert as well as 21 other cities
in Riverside County. Mr. Miller, Director makes $27,570.00 a year in benefits and
$240,030 in income.. Last year he made $224,417.00, and the year before that,
$209,190.00. In 2013 he made $197,150.00. That is $42,880 increase in 4 years. His _
qualifications for the job; worked in a manager position far at least l year —{that could
be a bank walmart), and have a year experience with animals (this could be your own
animals) This is the basic requirements.
Mr. Miller attends a monthly council meeting in these communities and delegates most of
the animal issues to other employees. Most recent, he was not aware that all pet shops
that sell live animals/fish or reptiles require inspection. This should include Petsmart and
Petco. Perhaps this is why Palm Desert Puppies have avoided following the RULES
AND REGULATIONS that ALL PET STORES must follow.
The statistics for CVAC animal shelter is GRIM, to say the least. The number of Palm
Desert adopted dogs/cats from 1/2016 to 812016 was 1,171 and the number killed was
2,626. The total number killed from the 21 other cities, excluding Palm Desert was
10,922. It appears very little is being done to save these animals. WHAT IS EVEN
MORE DISTURBING is Palm Desert Puppies competes with our shelter and has an
effect on all 5013c rescue groups.
In several cities in the L.A area, Puppy Pet Stores ceased buying from brokers and began
networking with the local shelters and rescues. There does not seem to be any loss of
revenue, there is always an abundance of puppies and the cost to the stores has been less
than to the brokers, and they are spay, neutered and shots started microchiped and
healthy. WHAT A CONCEPT FOR PALM DESERT TO CONSIDER IN DRAWING
UP LEGISLATION for Palm Desert Puppies to have to sell shelter and rescue pups!
SOMETHING MUST CHANGE for what is happening with this place of business. The
store is selling cruelty and defective merchandise. Palm Desert does not need his
business. AND HE IS NOT FOLLOWING THE LAW FOR ANIMAL WELFARE.
Susan Coyle, Animal Advocate
SUGGESTED REMEDY
1. Draw up legislation so as to mandate Palm Desert Puppies follow
measures to protect store puppies and the PEOPLE WHO BUY
THEM,
2. Make humane -law enforcement part of state law rather than animal -
welfare law to raise its profile and provide police training,
3. Mandate refunds for care of puppies that become sick after purchase
4. BAN the sale of puppies from large breeding operations the city
considers "puppy mills"
5. Step up enforcement of existing state and federal regulations
governing puppy -farm operations and pet care.
6. Set up dialogue with Riverside County Animal Control to negotiate
with Palm Desert Puppies to sell their pups to the pet store to prevent
their immanent death from over population.
7. Negotiate with the pet store owner about stopping the sell of
"Puppy mill" puppies.
8. Demand the proper paper work on each puppy by LISTING THE
BREEDERS NAME AND STATE, PEDIGREE AND BROKER,
USDA NUMBER AND ADDRESS, ALL IN PLAIN SIGHT.
The cost of buying a puppy is only a part of the expense — The Breeder gets
from $575.00 up to $750 a pup from the Broker. The Broker usually will sell
the pup to the pet store for almost double and the pet store will charge from
$2,000.00 up to $6,000.00. After purchasing the pet by an uneducated
person, their pup becomes very ill usually 2 to 3 days later. Their vet bill can
run as high $4,00.00 and up — and the pup may not survive.
Palm Desert is fostering this kind of cruelty unless legislation is put into
place to stop it. If the city cuts off the demand, the supply of these little
innocent, companion animals will diminish and the chance for shelter pups
to be SAVED becomes greater.
Protective measures by CARS