The Del Mar City Council has postponed a decision on a potential new law regulating retail animal sales within the city until Jan. 25 to give city staff time to look into whether the proponent who submitted the petition to the city has to be a Del Mar resident.
Current city law bans the “display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog, cat or rabbit in any pet shop, retail business, or other commercial establishment located in the City, unless the dog, cat or rabbit was obtained from a city or county animal shelter or animal control agency, a humane society, or a non-profit rescue organization.”
A petition received by the city in May from Bankers Hill resident Amit Dhuleshia seeks to update that language to prevent the retail sale of “arachnids, birds, mammals,amphibians, reptiles, and fish.”
There were 399 verified signatures of Del Mar residents on the petition, clearing the requirement of at least 10% of the electorate. According to Del Mar city staff, the elections code does not explicitly have a residency requirement, but case law has favored one.
“There’s going to be further legal analysis to better understand whether the proponent needs to be a ed voter in the city of Del Mar or not, and that will determine next steps in the process,” Del Mar City Manager Ashley Jones said.
Reached by email, Dhuleshia said it was his understanding based on election code that he did not need to be a resident, and that he would have found a Del Mar resident to serve as the petitioner if he had known there would be any question.
“I do hope it is not thrown out on a technicality like this – especially since so many residents ed this initiative,” he said via email.
In an email to the city, Dhuleshia said a local law would be an “important step for animals and the environment.”
“In addition to promoting animal welfare, this ordinance will ease the burden on shelters and rescues by reducing the number of animals abandoned due to misrepresentation as ‘beginner pets,’” Dhuleshia wrote. “It will also help protect the environment by curbing the spread of invasive species from abandoned non-native pets.”
Council indicated for implementing the local law.
“I felt we have a rare opportunity here as a small city to make a big difference in animal rights in California,” Del Mar Mayor Terry Gaasterland said.
