City Hall East 200 N. Main Street Room800 Los Angeles, CA 90012 (21 3) 978-8100 Tel (213 ) 978-8312 Fa'< CTrutan ich@jacity. org www.lacity.org/atty CARMEN A. TRUTANICH City Attorney REPORT NO. 1_0_-_0_2_5_4_' _ REPORT RE: 'Jtl. I G ~ DRAFT ORDINANCE AMENDING ARTICLE 3, CHAPTER 5 OF THE LOS ANGELES MUNICIPAL CODE SECTION 53.15.2 (e), BY ESTABLISHING AN ANIMAL TRANSFER PERMIT FOR ANIMALS UNDER THE AGE OF SIX MONTHS The Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California 90012 Honorable Members: Council File Nos. 08-1495 and 10-0290 Pursuant to your request, this Office has prepared and now transmits for your consideration the attached draft ordinance, approved as to form and legality. The draft ordinance amends Article 3, Chapter 5 of the Los Angeles Municipal Code (LAMC) Section 53.15.2 (e), by establishing and requiring a transfer permit to sell, transfer or advertise for sale any animal under the age of six months, including a dog or a cat, un less the seller is a pet store, licensed pet dealer, a non-profit animal rescue organ ization, or the dog or cat is sold pursuant to a valid breeding permit issued by the Department of Animal Services (Department). The transfer permit will complement the City's breeders permit by enabling the Department to regulate the sale of puppies, kittens and other animals under the age of six months within the City regardless of where the animals were bred. t
The Honorable City Council of the City of Los Angeles Page 2 The ordinance requires the holder of a transfer permit to obtain appropriate state and local business and sales tax permits and licenses, and would require the holder to include the transfer permit number in any advertising and on the sales receipt. The ord inance requires that the permit holder be 18 years of age or older and not have any conviction for animal cruelty or neglect, not knowingly sell or transfer an animal for dog or animal fighting or for use in any illegal activity, and attest to the animal's health and immunization history. Dogs or cats sold or transferred must be at least eight weeks old, weaned and micro-chipped, and a dog over the age of four months must also be vaccinated for rabies. The annual cost of a transfer permit would be $120.00, the same as the cost of a breeder's permit. Background and Summary of Ord inance Provisions Dogs, cats and other animals sold in pet stores are subject to various State and locallaws. 1 In the City of Los Angeles, pet stores must also prominently display the name and address of the breeder if the dog or cat was not bred in the City. 2 Similarly, dogs and cats bred in the City pursuant to a breeding permit are regu lated. Breeders must display the breeding permit number in an advertisement, are prohibited from selling the dog or cat until the an imal is at least eight weeks old and immunized and must provide the purchaser with a signed statement of the animal's health and immunization history. 3 Dogs, cats and other an imals not sold through pet stores or other regu lated establishments pursuant to a breeding permit are not subject to any regulatory oversight and there is nothing to protect the health of these animals or the public. 4 LAMC Section 53.15.2 (e), entitled "Sale, Adoption and Other Transfers of Dogs and Cats," is presently very limited in its scope. It primarily prohibits the use of a dog or cat as a prize or inducement to enter a contest, lottery, drawing, competition or business, 5 or the sale or transfer of a dog or cat in a public place. 6 The ordinance will extend some of the current regulations covering pet stores and breeding permits to all persons selling or transferring animals under the age of six months. The ordinance prohibits the sale or transfer of any dog or cat until it is at least eight weeks of age, weaned and vaccinated against common diseases, and wi ll require 1 California Health and Safety Code Section 122125, et seq. 2 53. 15.2 (e)(6). 3 53. 15.2 (c). 4 The ordinance wil l have little impact on individuals sel ling a pet, as it affects only an imals under the age of six months. If the puppy or kitten is being sold as part of a litter, the seller would need a breeder's permit. Often, sellers claim that the an imal was bred outside of the City, and un less the Department can rrove otherwise, there is no regulatory oversight to protect the an imals or the public. 53.15.2 (e)(3) and (4). 6 53.15.2 (e)(2).
The Honorable City Counul of the City of Los Angeles Page 3 a rabies vaccination if a dog is over four months old. The ordinance will require that the permit holder be over the age of eighteen years, have no conviction for animal cruelty or neglect and will prohibit the permit holder from selling or transferring the animal knowing that it will be used in animal fighting or in any illegal activity. The ordinance will require the dog or cat to be micro-chipped and that the name, address and telephone number of the new dog owner be provided to the Department. The transfer permit will also require the holder to obtain a City business license and, if applicable, a license from the State Board of Equalization. The Board of Animal Services Commissioners (Board) adopted a report from the General Manager at its meeting of November 13, 2007, supporting the transfer permit. The matter was waived through the Council's Public Safety Committee on September 5, 2008, and adopted by the City Council on September 16, 2008, without discussion, requesting that the City Attorney's Office prepare an ordinance amending Section 53.15.2 of the LAMC. The matter was revised by the Board on February 9, 201 0, which requested more flexibility in enforcing the transfer permit by permitting the use of an administrative citation as well as an infraction or misdemeanor. The original action required that failure to comply with the transfer permit could only be prosecuted as a misdemeanor. The Public Safety Committee approved the recommended action on March 22, 2010, and the request for this ordinance was approved by the City Council on April 9, 2010. Fee Notice Requirement We note that, because this ordinance would impose a new fee, notice of its proposed adoption should be given in accordance with the provisions of California Government Code Sections 66018 and 6062a. Those sections of State law require that prior to adoption of a new or increased fee a public hearing be held and notice of that hearing be published in a newspaper with two publications at least five days apart over a ten day period. The notice period begins the first day of publication, and there must be at least five days intervening between the first and the second publications, not counting the dates of publication. Council Rule 38 Referral A copy of the draft ordinance was sent, pursuant to Council Rule 38 to the Department of Animal Services asking that the Department make any comments that they may have directly to the City Council when you consider this matter.
The Honorable City Council of the City of Los Angeles Page 4 If you have any questions regarding this matter, please contact Assistant City Attorney Dov S. Lesel at (213) 978-8154. He or another member of this Office will be present when you consider this matter to answer any questions you may have. PBE:DSL:fa Transmittal Very truly yours, CARMEN A. TRUTANICH, City Attorney By /?&-6~ PEDRO B. ECHEVERRIA Chief Assistant City Attorney M:\General Counsel (GC)\DOV LESELIREPORTS TO COUNCILIAS Ordinance LAMC 53.15.2 (e) TRANSFER Council Report May 3, 201 O.doc
ORDINANCE NO.------- An ordinance adding Subdivisions (9), (1 0), (11) and (12) to Subsection (e) of Section 53.15.2, Article 3, Chapter 5 of the Los Angeles Municipal Code (LAMC) to require an annual transfer permit in order to sell, advertise for sale, barter, broker the sale, or in any way transfer for compensation or otherwise, any animal under the age of six months in the City of Los Angeles. WHEREAS, the City utilizes a breeder's permit to regulate the breeding of dogs and cats within the City; WHEREAS, a transfer permit will strengthen measures to protect animals six months of age or younger by allowing the Department of Animal Services to regulate the sale of young animals in the City, protect public health and reduce pet overpopulation, reducing the number of dogs, cats and other animals entering the City shelter system every year; and WHEREAS, the transfer permit also would require that pet sellers have appropriate state and local business sales tax permits and licenses. NOW, THEREFORE, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Subdivisions (9), (10), (11) and (12) are added to Subsection (e) of Section 53.15.2 of the Los Angeles Municipal Code to read as follows: (9) No person shall sell, offer or advertise for sale or adoption, barter, transfer or broker the transfer or sale for compensation or otherwise, any dog, cat or other animal under the age of six months within the City of Los Angeles, without first obtaining a transfer permit. This requirement shall not apply to: (i) pet dealers who conform to the provisions of California Health & Safety Code Section 122125-122220 or pet stores or other commercial establishments permitted to sell or transfer dogs and cats and who are regulated by the Department; (ii) governmental agencies; (iii) non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501 (c)(3) that do not breed animals, are registered with the Department and comply with the rules and regulations of the Department, including early age spaying and neutering; (iv) humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of the California Corporations Code Section 10400 and the Non-Profit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 511 0; or (v) a person who has a valid breeding permit from the Department and is selling or transferring a puppy or kitten pursuant to the breeding permit. 1
(1 0) The term transfer permit means a written authorization issued annually in accordance with the permit process established in Sections 53.50 and 53.58, giving the permit holder permission to sell or transfer for compensation or otherwise, animals under the age of six months including dogs or cats. Each holder of a transfer perm it shall pay an annual fee of $120.00 or an amount as revised by the Board of Animal Services Commissioners and approved by the City Council, and abide by the rules and regulations promulgated by the General Manager, including but not limited to limitations on the number of an imals that may be transferred annually. (11) In addition to the criteria and procedures established by the General Manager and such information as the General Manager shall request, the permit holder shall: A. Prominently display the transfer permit number for the sale, adoption, or transfer of any animal under the age of six months, in any advertisement including but not limited to newspapers, newsletters, flyers, magazines or other publications, electronic media, internet or the posting of signs; B. Certify that he or she is over the age of eighteen years and has not been convicted of animal cruelty or neglect; C. Provide to any person who purchases, adopts or receives an animal under the age of six months a statement signed by the permit holder attesting to the signatory'_s knowledge of the animal's health and immunization history, and include a copy of the City's license and permit requ irements. The transfer permit number must appear on the sale or transfer document; D. Provide the Department with the name, address and contact information for the breeder(s) and other source or origin of the animal, as well as the location at which the animal is located or will be kept if different from the address on the transfer permit; E. Agree not to transfer a dog or cat until it has reached the age of eight weeks, has been weaned, micro-chipped, immunized against common diseases, and in the case of a dog four months of age or older, has received its rabies vaccination. Proof of the rabies and other vaccinations shall be provided to the new owner; F. In the case of the sale, adoption or transfer of a dog, submit to the Department the name, address and telephone number of the new owner along with the micro-chip information on a Department approved form within five (5) days from the date of sale or transfer; G. Agree not to transfer any dog, cat or other animal under the age of six months to any minor under the age of eighteen years; H. Agree not to knowingly sell or transfer an animal for use in dog or animal fighting or in any other illegal activity; 2
I. Obtain a City business license and if applicable, a seller's permit or license and/or resale and tax identification number from the State Board of Equalization or any other required license or permit; and J. Comply with all tax laws and regulations. (12) A violation of the transfer permit provisions of this Section may be prosecuted as a misdemeanor or an infraction or punishable by means of an administrative citation. Failure to comply with the terms and conditions of the transfer permit and applicable law shall also be grounds for the revocation or suspension of the transfer permit. 3
Sec. 2. The City Clerk shall certify to the passage of th is ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bu lletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bu lletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of - -------------- JUNE LAGMAY, City Clerk By Deputy Approved _ Approved as to Form and Legality: CARMEN A. TRUTANICH, City Attorney By -===:=:::~L~:;tt=1 =- DOV S. LESEL Assistant City Attorney Date ----4-?~0-+-.t;~lf ::;:_:;, c.:...:/ ~;... File Nos. 08-1495 &10-0290 Mayor M:\General Counsel (GC)\DOV LESEL\ORDINANCES'AS Ord LAMC 53.15.2 (e) Transfer Ord 4-29-10.doc 4