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Ord 536ORDINANCE NO. 536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY ADDING CHAPTER 6.24 TO THE POWAY MUNICIPAL CODE REGULATING THE TREATMENT OF RODEO ANIMALS WHEREAS, the Poway Rodeo is a tradition of great importance to the community of Poway; and WHEREAS, the humane treatment of all animals in the Rodeo is of paramount importance to the organizers, participants, and spectators of the Rodeo and to all members of the community; and WHEREAS, in order to assure the humane treatment of all rodeo animals, the Poway Rodeo is conducted in accordance with the rules of the Professional Rodeo Cowboys Association; and WHEREAS, California Penal Code Section 596.7 imposes additional standards for the humane treatment of rodeo animals; and WHEREAS, in order to enhance the community's enjoyment of the Poway Rodeo and further assure the humane treatment of the rodeo animals, the City of Poway desires to supplement Penal Code Section 596.7 and the PRCA rules. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: Code: The following chapter is hereby added to the Poway Municipal Chapter 6.24 Treatment of Rodeo Animals Sections: 6.24.010 6.24.020 6.24.030 6.24.040 Humane Treatment Required. Large Animal Veterinarian Required. Notification and Access. Duties and Responsibilities. 6.24.010 Humane Treatment Required. All rodeo animals shall be treated humanely. No stimulants or hypnotics shall be given to any rodeo animal. The use of the following are prohibited: Ordinance No. 536 Page 2 A. Flank or bucking straps unless the strap is fleece-lined or neoprene-lined or, in the case of bull riding, a soft cotton rope at least 5/8 inches in diameter. Electric prods or shocking devices, except if required for the safety of humans while (1) loading or unloading an animal into or out of a vehicle, or (2) moving an animal from place to place on the rodeo grounds. In no event shall any such device be used on an animal while in a chute or immediately prior to entering a chute. 6.24.020 Large Animal Veterinarian Required. A qualified, California licensed, large animal, non-contestant veterinarian shall be physically present throughout the duration of every event using rodeo animals. The veterinarian shall be given access to all areas of the rodeo grounds at all times, and shall have the right to examine any rodeo animal at any time without notice. The veterinarian shall declare unfit any rodeo animal that is unfit to participate in a rodeo event. No rodeo animal declared unfit by the veterinarian shall be used in any rodeo event. The veterinarian shall notify in writing the San Diego County Department of Animal Control of any rodeo animal which is treated inhumanely, or is used in a rodeo event after being declared unfit. 6.24.030 Notification and Access. The Humane Society of San Diego County and the San Diego County Department of Animal Control shall be notified in writing at least fourteen (14) days in advance of the dates upon which any rodeo is to be held. Proof of such notice shall be given to the City Clerk of the City of Poway at the same time. The notice shall be given by the person, committee, or organization presenting the rodeo and shall include a written description of the animal events, a copy of the rules governing the events, the name, address, and license number of the rodeo veterinarian, and the dates of the rodeo. The duly authorized officers of the Humane Society and the Department of Animal Control shall be provided access to all areas of the rodeo grounds at all times and shall have the powers granted by Penal Code Section 597.1 to take charge of any animal which is unfit or is being treated cruelly. For said purpose, violation of Section 6.24.010 of this Chapter shall constitute cruel treatment. 6.24.040 Duties and Responsibilities. It shall be the duty and responsibility of the person, rodeo committee, or other organization presenting the rodeo to ensure that the requirements of this Chapter are fulfilled. Each such person, committee, or organization shall be subject to civil fine not to exceed one thousand dollars or any other civil remedy imposed for the violation of any provision hereof, whether the violation was committed by such person, committee, or organization, or by Ordinance No. 536 Page 3 an agent, independent contractor, volunteer, or employee of such person, committee, or organization. Any person who directly commits any violation of this Chapter shall be subject to all of the criminal and civil penalties provided in Section 1.08.010 of this Code. This section shall not create a private right of action. Any action created hereby shall be commenced only by the City Attorney. Any civil fine shall be payable to the City. Section 2: EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days after the date of this passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held this 20th day of March, 2001 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 3rd day of April, 2001, by the following roll call vote. AYES: NOES: ABSTAI N: ABSENT: GOLDBY, HIGGINSON, REXFORD, CAFAGNA EMERY NONE Mic . ~ yor ATTEST: [~ri~Anhe Peoples, citY CleYk -