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National City, California, Measure J, Animal Retail Regulations (March 2020)

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National City Measure J
LocalBallotMeasures Final.png
Election date
March 3, 2020
Topic
Local business regulation
Status
Approveda Approved
Type
Initiative
Origin
Citizens


A referendum on a city ordinance regulating the sale of dogs, cats, and rabbits was on the ballot for National City voters in San Diego County, California, on March 3, 2020.[1] It was approved.

A "yes" vote supported adopting regulations that prohibit the sale of dogs, cats, and rabbits from certain entities.
A "no" vote opposed adopting regulations that prohibit the sale of dogs, cats, and rabbits from certain entities.


A simple majority was required for the approval of Measure J.

Election results

National City Measure J

Result Votes Percentage

Approved Yes

5,054 61.78%
No 3,126 38.22%
Results are officially certified.


Text of measure

Ballot question

The ballot question was as follows:[1]

Shall Ordinance No. 2019 - 2463, 'An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits,' be adopted?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the XXAuthorXX:[1]

State law authorizes the City Council to adopt local regulations that are more protective of animal welfare than applicable state regulations. On September 3, 2019, in order to close perceived 'loopholes' in those state animal welfare regulations, the City Council adopted Ordinance No. 2019- 2463 (the 'Ordinance'), which includes the following recitals:

  • ' ... investigations and research by the Companion Animal Protection Society (CAPS) have shown that California pet shops are using fake rescues to circumvent newly enacted state law and act as a pass-throughs between puppy mills and pet shops;
  • ' ... CAPS and the American Society for the Prevention of Cruelty to Animals (ASPCA) report that puppy mills mass produce animals for the pet industry in overcrowded and unsanitary conditions without adequate food, water, exercise, socialization or veterinary care and many of the animals face an array of health problems that are discovered after purchase at a retail store;
  • ' ... the City Council has been approached by animal activists, animal shelters and City residents urging the City Council to enact further regulations which prohibit the retail sale of cats, dogs and rabbits and discourage the promulgation of unregulated and negligent commercial breeders or pet shop operators which despite state law continue to offer animals throughout San Diego County for retail sale under the guise of non-profit rescue agencies.'

Ordinance No. 2019 - 2463 added Chapter 8.38 to the Municipal Code to provide that a pet shop or retail pet store or its operator shall not sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat, dog, or rabbit, with the follow ing exceptions:

  • A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society;
  • A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit;
  • The sale or offering for sale of a dog, cat, or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or
  • Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores.

If this measure is approved by the voters, Ordinance No. 2019 - 2463 will go into effect. If the measure is not approved by the voters, Ordinance No. 2019 - 2463 will not be adopted. The proposed measure was placed on the ballot by a petition signed by the requisite number of voters.[2]

Full text

The full text of the measure is available here.

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a vote of the National City Council.[1]

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 San Diego County Elections, "Measure J," accessed January 28, 2020
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.