City Clerk File No.. Ord. 17-056 Agenda No.. 3.A 1 st Reading _2nd Reading & Final Passage Agenda No.. COUNCIL AS A WHOLE offered and moved adoption of the following ordinance: CITY ORDINANCE 17-056 TITLE: ORDINANCE AMENDING CHAPTER 90 (ANIMALS) ARTICLE HI (DOGS AND OTHER ANIMALS) OF THE JERSEY CITY MUNICIPAL CODE TO PREVENT ABUSE INVOLVED IN THE SALE OF CATS AND DOGS THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY HEREBY ORDAINS: WHEREAS) Chapter 90 of the Jersey City Municipal Code currently addresses issues regarding animals in the City, including but not limited to licensing of dogs, kennels and pet shops; and WHEREAS, the City Council wishes to ban the retail sale of dogs and cats within the City of Jersey City in the future. NOW, THEREFORE, BE IT ORDAINED by the Jersey City Municipal Council that: A. The following amendments to Chapter 90 [Animals), Article III (Dogs and Other Animals) are hereby adopted. ARTICLE III Dogs and Other Animals §90-12. No Change. §90-12.1. No Change. §90-12.2^ Prohibited acts: exceptions. No pet shop may offer a cat or dog for sale. or obtain a cat or dog for the purpose of sale,_unless_th_e cat or dog has been obtained, with or without payment or compensation of any kind, from a.she.lter, pound, kennel ap_erattng_as_a,sheIterQrpound. or.an_anjmal rescue organization. §90-13, Through §90-21, No Change. §90-22. - Violations and penalties. A. Through C. No Change. E\ Any person who shall violate any provision of this Secti.on_shall. upon conviction, be pumshedby;_ H3. A fine of not more than $1,OQQ, except with_respect to a violation of §90-12,2, which shall have a minimum fine of $100 and a maximum of $2,000; and/or ^2} .Community service for a period not more than 90 days or impnsomnent for a term not exceeding 90 days. K Each day's failure to comply_with any_provi_sion. rule or other, except violations of §90-12.2. shalLconstitute a separate and distinct offense. F^ Each violation of §90-12.2, regardless of the number__pf violations in any given_day. shall constitutea seT).arat.e_and distinct offense, Continuation of City Ordinance _"' """ _.....„. „—- ,page. \ ORDINANCE AMENDING CHAPTER 90 (ANIMALS) ARTICLE HI (DOGS AND OTHER ANIMALS) OF THE JERSEY CITY MUNICIPAL CODE TO PREVENT ABUSE INVOLVED IN THE SALE OF CATS AND DOGS (L The names gf_those individuals convicted of violating_§_90-12.2jshall_ be publicized by prQminently placing their names, along with the date and location of the violation, and any _Qthe.r information deemed relevant by_the City, on the website ocerated by the CLtv_Qfrersev City, for a period of no.t- less. than two f21 months followine the date of conviction. This m'Qvision_do_es_nQt nre-dude the City from takine other steps as necessary to increase public awareness of violations ofS90-16_thraueh §90-20. IL Any person who is convicted of violating any pr_o_risian. of Chapter 90 of the Jersey__Citv Municipal Code within on_e_{l^ear of the date of any prevJQUs_vlo_lati.Qn.of.that same provision, and who was fined for the_D_revious violation, shall be sentenced to an additional fine as a repeat offender._The additional fine imposed by the court upon a pers.QnfQr_a repeated offense shall not be less than the minimum nor shall it exceed the maximum fine for a violation of the Chapter, but shall be calculated separately from the_finejmposed for thejdoLatiQn of the Chapter, as provided by NJ.S.A. 40;69A-29. L The violation of one or more provisions of §90-12.2,_shalLhe__subject to abatement summarily by a restraining order or by an mjundlon_. issued hy a court of competent jurisdiction. B. All ordinances and parts of ordinances inconsistent herewith are hereby repealed. C. The City Clerk shall have this ordinance codified and incorporated in the official copies of the Jersey City Code. D. This ordinance shall take effect at the time and in the manner as provided by law. E, The City Clerk and the Corporation Counsel may change any chapter numbers, article numbers and section numbers if codification of this ordinance reveals a conflict between those numbers and the existing Code, in order to avoid confusion and possible accidental repealers of existing provisions. NOTE: New material is underlined; deleted matter in [brackets]. For purposes of advertising only, new matter is indicated by boldface and repealed matter by italic. 5/03/17 APPROVED-AS TO LEGAL FORM APPROVED:, APPROVED: Corporation Counsel Business Administrator Certification Required D Not Required Q ORDINANCE FACT SHEET This summary sheet is to be attached to the front of any ordinance that is submitted for Council Consideration. Incomplete or vague fact sheets will be returned with the ordinance. Full Title of Ordinance AN ORDINANCE TO AMEND PORTIONS OF CHAPTER 90 TITLED "ANIMALS", SPECIFICALLY ARTICLE III "DOGS AND OTHER ANIMALS", SPECIFICALLY SECTION 90-12, SECTION 90-13 AND SECTION 90-14 Initiator Departmerit/Di vision Council Council Name/Title Michael Yun Councihnan Phone/email 201-547-5485 MYun@jcnj.org Note: Initiator must be available by phone during the agenda meeting (Wednesday prior to council meeting @ 4:00 p.m.) Ordinance Purpose WHEREAS, a significant number of puppies and kittens sold at pet shops come from large-scale, commercial breedmg facilities where the health and welfare of the animals are not adequately provided for ("puppy mills" and "kitten mills," .respectively). According to The Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most pet shop dogs and cats come from puppy mills and kitten mills. WHEREAS, the documented abuses endemic to puppy and kitten mills include over-breeding; mbreeding; minimal to nonexistent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack of adequate exercise. WHERBAS, the inhumane conditions m puppy and kitten mill facilities lead to health and behavioral issues in the animals bred m those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases. These health and behavioral issues, which may not present themselves until some time after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers. WHEREAS, current Federal, State and County regulations do not properly address the sale of puppy and kitten miU dogs and cats m pet shops. WHEREAS, restricting the retail sale of puppies and kittens to only those that are sourced from shelters or-rescue organizations is lUcely to decrease the demand for puppies and kittens bred in puppy and kitten mills, and is likely to increase demand for animals from animal shelters and rescue organizations. WBEREAS, due in large part to pet overpopulation, more than 20,000 dogs and cats are euthanized in New Jersey animal shelters annually. Restricting the retail sale of puppies and kittens to only those that are sourced from animal shelters and rescue organizations will likely .reduce pet overpopulatioa and thus the burden on such agencies and financial costs on local taxpayers. WHERJEAS, across the country, thousands of independent pet shops as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats. Many of these shops collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adaptable homeless pets on their premises. WHEREAS, this Ordmance will not affect a consumer's ability to obtain a dog or cat of his or her choice directly from a breed-specific rescue organization or a shelter, or from a hobby breeder where the consumer can see directly the conditions in which the dogs or cats are bred, or can confer directly with "the hobby breeder concerning those conditions. WHEREAS, the City Council believes it is in the best interests of this City to adopt reasonable regulations to reduce costs to the City and its residents, protect the citizens of the City who may purchase cats or dogs from a pet shop or ofher business establishment, help prevent inliumane breeding conditions, promote community awareness of animal welfare, and foster a more humane environment m the City. I certify that all the facts presented herein are accurate Signature of Department Director Date