HomeMy WebLinkAboutR-14-0381City of Miami
Legislation
Resolution: R-14-0381
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00892a Final Action Date: 9/29/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING CONGRESS TO
AMEND THE ANIMAL WELFARE ACT TO IMPOSE HEIGHTENED STANDARDS
FOR COMMERCIAL BREEDERS OF CATS AND DOGS AND TO INCREASE
FUNDING FOR ENFORCEMENT OF THE ANIMAL WELFARE ACT; DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
ELECTED OFFICIALS STATED HEREIN.
WHEREAS, the Animal Welfare Act, 7 U.S.C.A. §2131 et seq. and the Regulations issued
thereto ("AWA"), currently define the standards to be followed by commercial breeders of cats and
dogs; and
WHEREAS, many commercial breeders of cats and dogs continue to operate "puppy mills" and
"kitten factories" throughout the United States; and
WHEREAS, "puppy mills" and "kitten factories" are cruel, inhumane and unsanitary breeding
facilities, in which parent animals are kept in cages for the majority of their lives, breeding litter after
litter of puppies and kittens; and
WHEREAS, according to reports from the United States Department of Agriculture ("USDA"),
documented problems found at "puppy mills" include:
(1) sanitation problems leading to infectious disease;
(2) large numbers of animals overcrowded in cages;
(3) lack of proper veterinary care for severe illnesses and injuries;
(4) lack of protection from harsh weather conditions; and
(5) lack of adequate food and water; and
WHEREAS, the Humane Society of the United States estimates that approximately 10,000
"puppy mills" are operating throughout the United States and over 2,000,000 puppies are produced at
"puppy mills" each year in the United States; and
WHEREAS, many of the animals bred in "puppy mills" and "kitten factories" are sold to retail pet
stores throughout the United States for individual purchase; and
WHEREAS, Miami Dade County recently adopted an ordinance that would impose heightened
standards upon commercial breeders of cats and dogs, operating within Miami Dade County, in order
to better ensure the humane treatment of animals in those facilities; and
City of Miami
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WHEREAS, the Miami City Commission believes that Congress should also adopt heightened
standards of care for commercial breeders of cats and dogs, in order to ensure that breeding animals
are treated humanely, thereby promoting animal welfare, fostering a more humane environment,
saving animals' lives and reducing the cost to the public of sheltering and caring for animals; and
WHEREAS, the Miami City Commission would like to express its support for amendments to the
AWA to impose stricter standards for the commercial breeding of cats and dogs, and to ensure that
these animals are treated humanely;
NOW, THEREFORE, BE IT RESOLVED BY COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. The Miami City Commission urges Congress to amend the AWA to impose
heightened standards of care for commercial breeders of cats and dogs, to ensure that breeding
animals are treated humanely, including but not limited to, language such as the following:
1. Primary Enclosures - Ensuring that all primary enclosures for animals conform to the following
minimum requirements, except where indicated otherwise in writing by a licensed veterinarian for
medical reasons:
a. Primary enclosures shall be structurally sound and constructed so as to permit the animal within
them to remain dry and protected from the elements;
b. Floors must be composed entirely of a solid surface that is impervious to moisture, does not sag to
the weight of the animal, and protects each animal's feet and toes from injury;
c. Primary enclosures shall not be stacked or otherwise placed on top or below another animal's
enclosure;
d. Newspaper or a receptacle containing litter shall be provided to contain excreta;
e. Primary enclosures shall be maintained in good repair and shall not have sharp points or edges
that could injure an animal;
2. Exercise - In addition to any primary enclosure, each dog shall have an outdoor ground -level
exercise area that must:
a. Contain an entryway to allow for constant and unfettered access for dogs from their primary
enclosure unless the enclosure is closed for active cleaning;
b. Permit all dogs contained in the outdoor area to achieve a running strike;
c. Have adequate means to prevent dogs from escaping; and
d. Be cleaned of feces, urine and other harmful debris at least once daily.
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3. USDA License - A breeder shall not be eligible for a class "A" license under 9 C.F.R. ch. 1,
subch. A. pt. 1 if:
a. That breeder has been found by the United States Department of Agriculture (USDA) to have
committed any "direct" or "no access" violation of the Animal Welfare Act during the past three (3)
years.
b. A "direct" violation means a violation of the Animal Welfare Act, 7 U.S.C.A. §2131, et seq. or the
regulations issued thereto, that has a high potential for adversely affecting the health of an
animal, as defined by the Federal Animal and Plant Health Inspection Service, Dealer Inspection
Guide, ch. 7.6.1. (April 2000), and a "no access" violation means access to the property has been
denied to inspectors enforcing such laws and regulations.
Section 3. The Miami City Commission urges Congress to amend the AWA as follows:
a. Increase the available penalty for violation of the AWA; and
b. Require a minimum number of inspections of each licensee per year; and
c. Require the imposition of a minimum penalty for any violation of the AWA; and
d. Increase funding for the enforcement of the AWA.
Section 4. The Miami City Commission further urges the Secretary of Agriculture to impose
stricter regulations under the AWA as follows:
a. Increase the number of inspections performed of each licensee under the AWA; and
b. Increase the number of inspectors charged with enforcement of the AWA; and
c. Increase the penalties assessed for violations of the AWA, in particular against repeat offenders.
Section 5. The City Clerk is directed to transmit a certified copy of this Resolution to the members
of the Florida Congressional Delegation and the United States Secretary of Agriculture.
Section 6. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
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File Number: 14-00892a Enactment Number: R-14-0381
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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