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Home My Public Portal AboutOrdinance 1039ORDINANCE NO. 1 0 3 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 6.02.142 TO THE BEAUMONT MUNICIPAL CODE PROHIBITING THE SALE OF ANIMALS AT SWAP MEETS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 6.02.142 of Chapter 6.02 of the Beaumont Municipal Code, entitled "Transfer or Sales of Animals at a Swap Meet" is hereby added in its entirety to read as follows: "Section 6.02.142 Transfer or Sale of Animals at a Swap Meet Prohibited A. Prohibition. No person shall, in the City, transfer, offer for sale, or sell any animal, reptile, fish, bird, including, without limitation, dogs, puppies, cats, kittens, guinea pigs, hamsters, gerbils, mice, parakeets, snakes and frogs, at a swap meet conducted on public or private property. B. Penalty for Violation. In the discretion of the Enforcement Officer, any person violating this Section shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17, or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be an appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or 6 months in jail, or both." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 5th day of November , 2013, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, & Knight NOES: None ABSTAIN: None ABSENT: None 1 MOVED, PASSED AND ADOPTED this 1 9thday of November, 2013, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTEST: Deputy City Clerk i CITY OF BEAUMONT By '---22"------- ROGER BERG, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 10 3 9 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 1 1 / 5 , 2013, and was duly adopted upon a second reading on 1 1 /1 9 , 2013, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) Shelby Hanvey, D 2 ty City Clerk Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 95715 City of Beaumont - Ordinance Prohibiting The Sale of Animals At Swap Meet State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 10/18, 2013 1 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, -- November 5, 2013 at ap- proximately 6:00 p.m. at the Beaumont Civic Center, 550 E. 6th Street, Beau- mont, California 92223, to receive testimony and com- ments from all interested persons regarding the fol- lowing matter(s): AN ORDI- NANCE OF THE CITY COUNCIL OF THECITY OF BEAUMONT, CALIFOR- NIAADDING SECTION 6.02.142 TO THE BEAU- MONT MUNICIPAL CODE - PROHIBITING THE SALE OF ANIMALS AT SWAP MEETS It is the purpose and intent of the Ordinance to prohibit the transfer, of- fer for sale, or sell any ani- mal, reptile, fish, bird, in- cluding, without limitation, dogs, puppies, cats, kittens, guinea pigs, hamsters, ger- bils, mice, parakeets, snakes and frogs, at a swap meet conducted on public or private property. Date: October 15, 2013 Greg Fagan Commander Publish one time only in the Record Gazette on October 18, 2013 Published in The Record Gazette No. 95715 10118, 2013 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 97811 - ANIMALS AT SWAP MEETS State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: December 6, 2013 Executed on: 12/06/2013 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature City of Beaumont LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, November 5, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 6.02.142 OF CHAPTER 6.02 RE: PROHIBITING THE SALE OF ANIMALS AT SWAP MEETS It is the purpose and intent of this Ordinance to amend Title 6 of the Beaumont Municipal Code which prohibits the sales or transfer of animals at a Swap Meet. The Ordinance was adopted at its second reading on November 19, 2013 by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: December 2, 2013 Josh Ellsworth Police Sergeant Published in The Record Gazette No. 97811 12/06,2013 AGENDA ITEM ti - V To: Mayor and City Council From: Frank Coe, Chief of Police By: John Combado, Corporal Approval: Alan Kapanicas, City Manager Agenda Date: November 5, 2013 Subject: An Ordinance Adding Section 6.02.142 of the Beaumont Municipal Code: Prohibiting the Transfer or Sale of Animals at a Swap Meet. Background/ Summary: Recently the Governor signed legislation allowing cities to adopt legislation prohibiting the sale of animals at local swap meets. Staff submits this amendment for your consideration that provides an additional tool to restrict irresponsible breeders from selling and/or transferring animals without oversight. These sales/transfers contribute to unhealthy animals and breeding practices, overpopulation and animal abandonment. Animals are frequently kept and sold at flea markets and swap meets in unhealthful conditions. These venues allow for little oversight of the seller and no protection to the consumer. Swap meets and flea markets also have historically been prime outlets for the sale of stolen animals taken from owners, licensed breeders or even pet stores. Animals are frequently kept in crowded pens or cages that are unsanitary, without food and/or water, and in extreme heat and direct sunlight. Depending on the type of animal the seller is marketing, these animal(s) have a high potential of being a carrier of diseases and parasites that can be transmitted to the general population, both human and animal. Fiscal Impact: Any fiscal impact related to the enforcement of this ordinance will be absorbed into the police department's current operating budget. Recommendation: Hold a Public Hearing and approve the first reading of Ordinance adding section 6.02.142 to the Beaumont Municipal Code.