City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance (Attachment 1) adding
Section 9.01.600 to the Culver City Municipal Code, which would prohibit, within
the City of Culver City, performing, assisting in performing, and procuring
onychectomies and flexor tendonectomies (collectively declawing procedures) on
cats and other animals.
BACKGROUND/DISCUSSION:
At the City Council meeting of November 23, 2009, the City Council introduced
the Ordinance by a unanimous vote (5-0). The Ordinance is brought back tonight
for adoption.
FISCAL ANALYSIS:
There would be no fiscal impact associated with adopting the Ordinance
assuming that it would be promoted and enforced by existing City staff.
ATTACHMENTS:
1. Proposed Ordinance
Meeting Date: 11/30/09 Item Number: C-3
CITY COUNCIL AGENDA ITEM: Adoption of an Ordinance Adding Section
9.01.600 to the Culver City Municipal Code, Prohibiting the Declawing of Cats
or Other Animals in the City of Culver City.
Contact Person/Dept.: Shelly
Wolfberg/City Manager's Office
Phone Number: (310) 253-6008
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification:
Meetings and Agendas – City Council (11/25/09); Speakers from 11/23/09 with
known contact information; Culver City Veterinarians with Culver City Business
Licenses; Culver City Veterinarians as found through the Internet (11/25/09).
Department Approval:
Martin R. Cole (11/24/09)
City Attorney Approval:
Carol Schwab (by H. Baker)
(11/24/09)
Chief Financial Officer Approval:
Mark Scott (by M. Noller) (11/24/09)
City Manager Approval:
Mark Scott (11/25/09) City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
Adopt an Ordinance adding Section 9.01.600 to the Culver City Municipal
Code, which would prohibit, within the City of Culver City, performing,
assisting in performing, and procuring onychectomies and flexor
tendonectomies (collectively declawing procedures) on cats and other
animals.
MEETING DATE: 11/30/09
AGENDA ITEM: Adoption of an Ordinance Adding Section 9.01.600 to
the Culver City Municipal Code, Prohibiting the
Dec!awing of Cats or Other Animals in the City of Culver
City
ATTACHMENTS
Pages
1. Proposed Ordinance
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PC k-444E1...11—
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, ADDING SECTION 9.01.600 TO THE CULVER
CITY MUNICIPAL CODE PROHIBITING THE DECLAWING OF
CATS OR OTHER ANIMALS IN THE CITY OF CULVER CITY.
WHEREAS, in 2003, the City of West Hollywood, California determined to
adopt a local ordinance that, among other things, prohibited the practice commonly known
as animal declawing within its corporate limits; and
WHEREAS, after trial and upon final and conclusive appellate review, the
City of West Hollywood's ordinance was determined to be valid and enforceable as part of
a city's police powers given the statutory language in effect at that time; and
WHEREAS, the State Legislature has determined to enact and the Governor
has signed into law Senate Bill 762, which pre-empts current local authority to enact
ordinances similar to that enacted by the City of West Hollywood, but specifically allows for
the continued enforcement of any ordinance in effect on or before December 31, 2009;
and
WHEREAS, there is evidence that links onychectomy (declawing) and flexor
tendonectomy to a high risk of painful adverse and long lasting effects on animals, and that
complications may include damage to nerves, lameness, and chronic pain; and these
procedures may prevent a cat or other animal from being able to extend its claws, leaving it
unable to scratch, and rendering it at a disadvantage in defending itself; and
WHEREAS, there are a number of alternatives to declawing that involve no
physical harm to the animal, including training the pet to use a scratch post, use of
deterrent pheromone sprays, covering furniture, restricting the pet's access to certain areas
of the home, use of plastic nail covers, and more; and
WHEREAS, the City of Culver City enacts this ordinance pursuant to the
authority vested in the City by Article Xi, Section 7 of the California Constitution allowing a
30city to make and enforce within its limits all local, police, sanitary, and other ordinances anr;
regulations not in conflict with general laws. At present the State of California does not
prohibit the City from acting to prohibit onychectomy and flexor tendonectomy, and
therefore the City is not preempted by Business and Professions Code Section 460 from
adopting this ordinance; and
WHEREAS, the City Council finds that prohibiting these procedures will
protect and promote the general health, safety and welfare of animals and humans alike.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows:
SECTION 1. Section 9.01.600 of the Culver City Municipal Code is hereby
added to read as follows:
Declawing of Animals
9.01.600 Onychectomv (Declawinq) and Flexor Tendonectomy Prohibited.
A. No person, licensed medical professional or otherwise, shall perform or
cause to be performed an onychectomy (declawing) or flexor tendonectomy procedure by
any means on any animal within the City of Culver City, except when necessary for a
therapeutic purpose. "Therapeutic purpose" means the necessity to address the medical
condition of the animal, such as an existing or recurring illness, infection, disease, injury or
abnormal condition in the claw that compromises the animal's health. "Therapeutic
purpose" does not include cosmetic or aesthetic reasons or reasons of convenience in
keeping or handling the animal. In the event that an onychectomy or flexor tendonectomy
procedure is performed on any animal within the city in violation of this section, each of the
following persons shall be guilty of a violation of this section: (1) the person or persons
performing the procedure, (2) all persons assisting in the physical performance of the
procedure, and (3) the animal guardian that ordered or requested the procedure.
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30ATTEST:
MARTIN R. COLE, City Clerk
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B. Section 9.01.005 of the Culver City Municipal Code shall not apply to this
section. Any violation of this section shall constitute a misdemeanor; however, any
violation may be prosecuted as an infraction, at the discretion of the . City Attorney.
SECTION 2. Pursuant to Section 619 of the City Charter, this Ordinance
shall take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616
and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption,
the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the
Culver City News and shall post this Ordinance or a summary thereof in at least three
places within the City.
SECTION 3. The City Council hereby declares that, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect.
APPROVED AND ADOPTED this day of
, 2009.
ANDREW WEISSMAN, Mayor
City of Culver City, California
APPROVED AS TO FORM:
,
(/ /I
CAROL A. SCHWAB, City Attorney
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