Item 4 - Ojai Administrative Report and Ordinance Language — original pdf

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Administrative Report ACTION ITEM HONORABLE CITY COUNCIL Ben Harvey, City Manager Brian Popovich, Management Analyst TO: FROM: DATE REPORT PREPARED: MEETING DATE: February 27, 2024 February 16, 2024 SUBJECT: Introduction of Ordinance to Prohibit the Use and Sale of Glue Traps Within the City of Ojai Recommendation Introduce an Ordinance prohibiting the use and sale of glue traps within the City of Ojai. Discussion The issue of the use of glue traps has been raised in recent years by animal rights advocacy groups. Recently, the City Council has directed staff to draft an ordinance banning the use of glue traps. The City has a history of supporting items that promote animal welfare, including the recent passing of an ordinance adding the right to bodily liberty for elephants. Glue Traps Glue traps, also known as a sticky board or glue board, is composed of a layer of cardboard, plastic or wood that is coated with a non-drying adhesive, or a shallow tray of adhesive. The goal of the glue trap is to entrap rodents or other pests when they cross the board since their feet or other body parts get stuck in the adhesive. The animals are incapable of freeing themselves and slowly other parts of their bodies get stuck to the trap. After an extended amount of time, the captured animal typically dies from starvation, dehydration, or suffocation. The process is extremely cruel and painful, and subjects the animal to an inhumane and slow death. Glue traps are primarily used by homeowners, food processors and pest management companies to control rodent populations. Glue traps are commonly used for rodents, however, the People for Ethical Animal Treatment (“PETA”), states that these traps have been used to capture other wildlife such as birds, snakes and squirrels. According to PETA, there are reports of cats becoming stuck in glue traps and requiring veterinary assistance afterwards. Furthermore, the U.S. Centers for Disease Control and Prevention (“CDC”) warns against the use of glue traps due to potentially producing harmful human health impacts as the trapped animals produce urine and feces. 344240.1 Page 1 of 3 3-1 While the larger glue traps designed to capture vertebrate animals such as rats tend to be the most problematic due to the increased likelihood to capture larger animals or multiple animals, smaller glue traps designed to capture invertebrate animals such as ants, flies, insects and cockroaches present similar dangers. These glue traps are smaller in size and typically contain some sort of cover, such as a tent on the top to prevent other animals from being captured in the glue. Insects or other small animals caught in these traps also sustain injuries in an attempt to free themselves or eventually succumb to their injuries in a similar inhuman fashion to the larger animals in glue traps. Therefore, all glue traps, regardless of their size or intended victim pose animal welfare and health concerns. Alternatives to Glue Traps There are other more humane and effective methods that currently exist in place of glue traps. For vertebrate animals, the most common alternatives include snap traps, live traps and electric traps. Both snap traps and electric traps have a higher chance of killing the rodent instantly. Live traps, which are also known as catch and release traps, capture animals by the device shutting closed and trapping the animal inside. Once the device has been triggered and the animal is inside, it can safely be released to another location. For small wingless invertebrate animals such as spiders or cockroaches, there are similar catch and release devices that will allow the insect to be safely relocated. A viable alternative with regards to flying insects would be the use of electric traps, which entice a bug with bright lights and deliver a shock when contact is made, killing them instantly. Other Jurisdictions and Companies have Adopted Regulations Prohibiting Glue Traps At the time of writing this report, Ojai would be the second City to prohibit the use and sale of glue traps, the other being West Hollywood. However, other states and well-known agencies and businesses globally have taken steps to ban either the sale and/or use of glue traps due to animal welfare and health concerns. According to PETA, the following US jurisdictions have reportedly banned the use of glue traps within their internal operations: Cartersville, Georgia; Eugene, Oregon and Washington D.C. The State of New York recently introduced Assembly Bill No. 10052, which proposed to ban the sale, use and manufacture of adhesive based rodent traps, and the State of Massachusetts introduced Bill No. 1469, which proposed to ban the use of glue traps for control of rats, mice and other rodents. However, these bills did not pass. Other countries, such as England, Iceland, Ireland and New Zealand have also reportedly banned the use of glue traps. Additionally, according to PETA, more than 100 airports nationwide have also prohibited the use of glue traps. PETA also reports that major corporations such as Target, CVS, Rite Aid and Walgreens have stopped selling certain types of glue traps in their stores. Ordinance as Proposed The proposed ordinance (Attachment A) shall create a new Chapter 16, entitled “Use and Sale of Glue Traps” to Title 5 of the Ojai Municipal Code (“OMC”) to adopt regulations prohibiting the use and sale of glue traps within the City. A violation of the proposed ordinance shall be subject to an infraction pursuant to Title 1, Chapter 2, Section 1-2.03 of the OMC. If adopted, 344240.1 Page 2 of 3 3-2the ordinance shall become effective one year from the date of its passage, which will grant retailers of glue traps and licensed exterminators that use glue traps in their profession an amortization period to come into compliance with the ordinance. Options That the City Council: 1. Take no action 2. Provide an alternate direction Fiscal Impact The costs of drafting the staff report and ordinance are included in the City's annual budget. Enforcement is anticipated to have a negligible impact to Code Compliance's resources. Pf pared y: Brian Popovich, Management Analyst Submitted by: Ben Harvey, City Manager Attachment: A — Proposed Ordinance — Use and Sale of Glue Traps 344240.1 Page 3 of 3 3-3 CITY OF OJAI ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OJAI, CALIFORNIA ADDING A NEW CHAPTER 16, ENTITLED “USE AND SALE OF GLUE TRAPS” TO TITLE 5 OF THE OJAI MUNICIPAL CODE. WHEREAS, in accordance with evolving standards of morality, scientific discovery, and human experience the Ojai City Council recognizes animal rights to prevent unnecessary suffering due to glue traps; and WHEREAS, it is desirable to the City whenever possible to protect the public health and welfare, including local wildlife, all of which increases the sustainability and quality of life for Ojai’s residents and visitors. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF OJAI DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference, as if set forth herein in full. SECTION 2. Code Amendment. A new Chapter 16 is hereby added to Title 5 of the Ojai Municipal Code, to read as follows: Chapter 16: USE AND SALE OF GLUE TRAPS Section 5-16.101. Definitions. For the purposes of this chapter, certain words and phrases are defined as follows: “Animal” as used in this chapter shall mean any vertebrate or invertebrate animal, such as rodents, birds, reptiles, and insects. “Glue Trap” shall mean a device that is designed to, or is capable of being used to, capture any animal by means of an adhesive substance or similar viscid substance. “Person” includes a natural person, a corporation, a partnership, limited partnership, or other unincorporated association, a general partner of a partnership or limited partnership, a limited liability company, a public entity, a trust, or any other corporate form cognizable under California law. “Sell “or “sale” shall mean any transfer, exchange, barter, gift, offer for sale or distribute for a commercial purpose in any manner or by any means whatsoever. Section 5-16.102 Prohibitions. It is unlawful to sell, offer for sale, or display for sale, glue traps within the City of Ojai after (Insert date – one year after effective date). (a) (b) (c) (d) (a) 344239.1 Attachment A Page 1 of 3 3-4(b) (a) (b) (c) (d) (e) a. b. c. Section 5-16.103. Enforcement. It is unlawful to set, place, or otherwise use a glue trap or permit another person to set, place or use a glue trap to capture or kill any animal within the City of Ojai after (Insert date – one year after effective date) Peace officers, code enforcement officers, and other persons designated by the City Manager shall enforce this chapter. The City Manager may publish written regulations in the manner required by law for the publication of ordinances and may take any and all other actions rational and necessary to enforce this chapter. Any person violating any provision of this chapter shall be guilty of an infraction as provided in Title 1, Chapter 2, Section 1-2.03 of this Code. In addition to any other remedies available by law and under this Code, a violation of this chapter is subject to the administrative enforcement provisions of Section 1-2.03 of this Code. The remedies specified in this chapter shall be cumulative and the City may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation. The City Attorney may seek injunctive, legal, or other equitable relief to enforce this chapter. SECTION 3. Environmental Determination. The City Council determines that the following findings and conclusions reflect the independent judgment of the City Council. The City Council finds that the adoption of the foregoing amendment to the Ojai Municipal Code is exempt from the California Environmental Quality Act (CEQA) for the following independent reasons: This ordinance is not a project within the meaning of Section 15378 of Title 14 of the State CEQA guidelines because prohibiting the use and sale of glue traps within Ojai has no potential for resulting in direct or indirect physical change in the environment, as other forms of rodent control remain available. The approval of this ordinance does not constitute a project under CEQA pursuant to Section 15378(b)(5) of the State CEQA Guidelines, which provides that organizational and administrative activities of governments that will not result in the physical change in the environment are not considered projects for CEQA purposes. This ordinance is exempt from CEQA under Section 15308 of Title 14 of the State CEQA guidelines, as it an action taken by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional. SECTION 7. Effective Date. This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937. Attachment A Page 2 of 3 344239.1 3-5 SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. CITY OF OJAI, CALIFORNIA By___________________________________ Betsy Stix, Mayor ATTEST: __________________________________ Weston Montgomery, Deputy City Clerk APPROVED AS TO FORM: ____________________________________ Matthew T. Summers, City Attorney STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF OJAI I, Weston Montgomery, Deputy City Clerk of the City of Ojai do hereby certify that the foregoing Ordinance was introduced at a meeting of the City Council of the City of Ojai held ________ and adopted at a meeting of the City Council of the City of Ojai held ________ by the following vote: ________________________________ Weston Montgomery Deputy City Clerk for the City of Ojai AYES: NOES: ABSTAIN: ABSENT: ) ) ) 344239.1 Attachment A Page 3 of 3 3-6