City of Reno
Nevada

Resolution
10038

Staff Report (For Possible Action): Resolution initiating a pending moratorium under the procedures provided by Reno Municipal Code (RMC) Section 1.07.010 to impose a pending moratorium until October 24, 2019 on the acceptance of new or change in ownership of business license applications for pet stores and any business intending to conduct the sale of live animals.

Information

Department:Community DevelopmentSponsors:
Category:Resolution

Recommendation and Proposed Motion

Recommendation: Staff recommends Council adopt the pending moratorium resolution and direct staff to come back with a final moratorium resolution that outlines the details of and need for the moratorium.

 

Proposed Motion: I move to adopt the pending moratorium resolution and direct staff to come back with a final moratorium resolution that outlines the details of and need for the moratorium.

 

Staff Report Formal Body

Summary: This is the first step in a two-part process to initiate a moratorium on the acceptance of new or change in ownership of business license applications for pet stores and any business intending to conduct the sale of live animals. The purpose is to provide time to study the regulations and research applicable laws to determine if adequate regulations are in place to protect the health and safety of these animals.  In addition to consideration of the pending moratorium resolution, staff is seeking direction from Council on the specific types of business and/or types of animals to be included in the moratorium.

 

Background: Council has raised questions and concerns related to current processes and regulations of pet stores and the sale of live animals.  Staff was requested to prepare a moratorium resolution for Council discussion and potential approval. 

 

Previous Council Action:  In April 2003, Council entered into an interlocal agreement with Washoe County and the City of Sparks for the purpose of providing regional animal services.  This agreement was followed by another interlocal agreement approved in September 2003 consolidating the operations and unifying the ordinances related to animal services. 

 

On April 16, 2014, Council adopted an ordinance to amend Title 4, entitled "Business License Code," by adding section 4.04.067 entitled "Moratorium on the acceptance of business license applications for pet stores intending to conduct sales of dogs, cats or rabbits" and provided that the moratorium was to be in effect for a period not to exceed 180 days from the date of adoption.

 

On September 24, 2014, Council made a motion to authorize the use of two or more hours of staff time to initiate the amendments to Title 4 and Title 18 of the Reno Municipal Code and advise the Planning Commission that the action pertains only to cats and dogs, and to initiate an immediate moratorium on new business licenses of cats and dogs in pet stores.  In addition, Council had asked questions regarding the legality of the enactment of ordinance(s) that would ban the sale of commercially-bred animals in pet stores within the City.  Several updates to that inquiry have since been provided to Council and are included as attachments. 

 

During this same timeframe, City of Reno staff was coordinating with Washoe County Regional Animal Services to addresses commercial animal establishments.  The outcome of this coordination is described below.

 

Starting in June 2014, Washoe County Regional Animal Services began working with key stakeholders groups, including the Cities of Reno and Sparks and major animal groups in the community, to develop an ordinance amending Washoe County Code Chapter 55 to create provisions regulating commercial animal establishments.  On March 18, 2016, Washoe County amended Washoe County Code Chapter 55 through Ordinance No. 1576, by creating provisions regulating commercial animal establishments, through the use of a Commercial Animal Welfare Permit.  The ordinance outlines a permitting process and regulations for commercial animal establishments conducted through Washoe County Regional Animal Services, which includes but is not limited to provisions for permit requirements, annual inspections, record keeping, health and safety requirements, and procedures for permit revocation.

 

Potential changes to RMC Title 4 and Title 18 were not adopted following the September 2014 Council action as the concerns on this topic were addressed through the regional regulatory updates described in this report.

 

Discussion: Council is considering initiation of a resolution creating a moratorium on the acceptance of business license applications for new or change in ownership of pet stores and businesses conducting the sale of live animals.  The pending moratorium shall be in effect through October 24, 2019 from the date of adoption, or until Council considers adoption of a final moratorium resolution, whichever is earlier.  Staff is seeking direction from Council on the specific types of businesses and/or types of animals to be included in the moratorium.    

 

The moratorium procedure is a two-step process that requires the adoption of a pending moratorium resolution and a final moratorium resolution.

 

Step #1 - Pending Moratorium Resolution

       Council may adopt, modify, or deny the pending moratorium resolution.

       Upon adoption of the pending resolution, city staff will not accept applications for new or change in ownership of pet stores or businesses conducting the sale of live animals.  

       Any applications submitted to the City prior to the date of adoption of the pending moratorium resolution will continue to be processed under existing regulations.

       Unless otherwise directed by Council, the pending resolution shall expire in 30 calendar days from adoption, or the day after Council formally considers the adoption of the final moratorium ordinance, whichever is earlier.  This pending resolution requests an expiration date of October 24, 2019 to ensure noticing requirements are met with the Council meeting schedule in October.

 

Step #2 - Final Moratorium Resolution

       If a pending moratorium resolution is adopted, staff will prepare a final moratorium resolution for Council consideration at a public hearing within the period in which the pending moratorium is in place.

       The final moratorium resolution will identify a reasonable time period for the moratorium.

       To adopt the final moratorium resolution, Council will need to make the findings listed below, as applicable:

       a. The moratorium is necessary to promote the health, safety, and welfare of the area described in the moratorium resolution;

       b. The moratorium is in substantial conformance with the relevant purpose and/or intent provisions of the RMC and the Master Plan;

       c. The moratorium is necessary to allow staff and Council time to review the existing Reno Municipal Code, hold public hearings and workshops, obtain testimony and evidence, and amend RMC;

       d. The moratorium is necessary because continued development during the proposed moratorium period possibly would result in actions that may conflict with potential amendments to RMC; and,

       e. Council has received public comment and carefully considered the financial and economic impact associated with the adoption of the moratorium resolution.

 

Financial Implications:  None at this time.

 

Legal Implications:    RMC Section 1.07.010, “Moratorium procedure,” outlines the steps necessary for the City Council to move forward with a proposed moratorium. Legal review completed for compliance with City procedures and Nevada law.

 

Ordinance or Resolution

RESOLUTION INITIATING A PENDING MORATORIUM UNDER THE PROCEDURES PROVIDED BY RENO MUNICIPAL CODE (RMC) SECTION 1.07.010 TO IMPOSE A PENDING MORATORIUM UNTIL OCTOBER 24, 2019 ON THE ACCEPTANCE OF BUSINESS LICENSE APPLICATIONS FOR NEW OR CHANGE IN OWNERSHIP OF PET STORES AND BUSINESSES CONDUCTING THE SALE OF LIVE ANIMALS.

 

WHEREAS, the Reno City Council has requested staff to research and bring forward potential code amendments related to the processes and regulations of business license applications for new or change in ownership of pet stores and businesses conducting the sale of live animals; and

 

WHEREAS, the Reno City Council expressed a desire to consider a moratorium on the acceptance of business license applications for new or change in ownership of pet stores and businesses conducting the sale of live animals; and

 

WHEREAS, the purpose of this pending moratorium resolution is to notify the public that the City Council will be considering a moratorium on the acceptance of such licenses through October 24, 2019 or upon Council passage of a final moratorium resolution, whichever is earlier; and

 

NOW, THEREFORE, BE IT RESOLVED THAT:

 

Section 1.              The City Council finds and determines that the above recitals are true and correct and incorporates said recitals into this pending moratorium resolution.

 

Section 2.              In accordance with RMC 1.07.010, the City Council hereby passes a pending moratorium resolution initiating a halt to the acceptance of business license applications for new or change in ownership of pet stores or businesses conducting the sale of live animals. 

 

Section 3.              The City Manager is hereby directed to reject any business license application for new or change in ownership of pet stores or businesses conducting the sale of live animals.  The members, officers, and agents of the City are hereby authorized and directed, jointly and severally, to do any and all things and to carry out, give effect to, and comply with the terms and intent of this resolution.

 

Section 4.              This resolution shall take effect immediately upon its passage.

 

Upon motion by Councilmember                                , and seconded by Councilmember

                               , the foregoing Resolution was passed and adopted this ________ day of

                               , 2019, by the following vote of the Council:

AYES:

 

NAYS:

 

ABSTAIN:

 

ABSENT:

 

 

APPROVED this           day of                                , 2019.

 

 

______________________________________________________

HILLARY SCHIEVE

MAYOR

 

 

 

 

ATTEST:

 

_______________________________________________

ASHLEY D. TURNEY

CITY CLERK