O2300City Council Meeting: 11-10-2009
Santa Monica, California
ORDINANCE NUMBER zsoo (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 4.04.275 TO
THE SANTA MONICA MUNICIPAL CODE BANNING
ONYCHECTOMY AND FLEXOR TENDONECTOMY PROCEDURES
WHEREAS, onychectomy, or declawing, and flexor tendonectomy procedures
are routinely performed on cats even though the procedures are painful, cruel and
dangerous to the cats and are very seldom medically necessary; and
WHEREAS, onychectomy is not a "cosmetic" procedure but is instead akin to
amputation in that it involves removing not just claws, but also bones, nerves, joint
capsules, collateral ligaments and extensor and flexor tendons up to the joint; and
WHEREAS, in human terms, this procedure is akin to cutting off the last joint of
all ten fingers; and
WHEREAS, at least twenty-one European countries have concluded that
declawing cats is inhumane and have therefore banned or condemned the procedure;
and
WHEREAS, research has demonstrated that the rate of complications from
onychectomies is relatively high as compared to other "routine" procedures, with one
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study reporting acute short term complications in 50% of cases and long-term
complications in 20% of cases; and
WHEREAS, these complications include excruciating pain, damage to the radial
nerve, hemorrhage, bone chips, chronic back and joint pain resulting from weakened
shoulders, legs and back muscles and painful re-growth of a deformed claws inside the
paws; and
WHEREAS, this procedure robs cats of integral means of movement and
defense, normal posture, normal use of toes in walking and running, and their ability to
satisfy instinctive impulses to climb, exercise and mark territory; and
WHEREAS, consequently, declawing causes serious secondary health risks to
cats such as arthritis and other complications associated with postural and skeletal
changes; and
WHEREAS, declawing also leaves cats unable to defend itself against attacks by
other animals, placing cats at risk of serious injury or death; and
WHEREAS, flexor tendonectomy, a procedure in which cats' toes are cut so that
the claws cannot be extended, likewise deprives cats the ability to engage in normal
behaviors and defend themselves against attack and thereby imperils its health and
safety; and
WHEREAS, these procedures are usually undertaken not for the welfare of cats,
but for the perceived convenience of owners, caretakers and other persons who often
procure the procedures to protect their furniture and other personal property and without
adequate information about complications and consequences; and
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WHEREAS, alternatives that involve no harm or risk to cats are readily available
to protect furniture and other property; they include regular nail trimming, training cats to
use scratch posts, using deterrent pheromone spray, covering furniture, restricting
access to certain areas of homes, using plastic nail covers, and more; and
WHEREAS, in addition to the harm these procedures cause to cats, they also
have detrimental consequences for humans; and
WHEREAS, research has shown that declawed cats are more prone to defend
themselves by biting people and other animals, and cat bites are associated with higher
infection rates than scratches; and
WHEREAS, research has shown that declawed cats tend to avoid use of litter
boxes because the rough surface hurts their paws, and this causes sanitation problems
and attendant health risks to humans and other animals; and
WHEREAS, behavioral problems of declawed cats, such as increased biting and
litter-box aversion, frequently result in declawed cats being relegated to an outdoor
existence to which they are ill-suited because, among other things, they cannot
adequately defend themselves;
WHEREAS, cats living outdoors in urban environments often end up on
roadways where they are in danger themselves and where they cause accidents and
thereby imperile people; and
WHEREAS, declawing cats and attendant behavioral problems also increase the
number of cats relinquished to animal shelters; and
WHEREAS, declawed cats are generally not adoptable from shelters because of
their behavioral and other problems, and they are therefore usually euthanized; and
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WHEREAS, the public bears the burden of increased costs of shelter operation
and euthanasia; and
WHEREAS, the California Constitution, Article XI, Section 7, empowers the City
of Santa Monica to make and enforce within its limits all local, police, sanitary and other
ordinances and regulations not in conflict with the general law; and
WHEREAS, at present, the law of the State of California does not prohibit the
City from acting to prohibit onychectomy and flexor tendonectomy: and
WHEREAS, the City Council finds that prohibiting these procedures, subject to
exceptions necessary to protect the health of individual cats, will protect and promote
the general health, safety and welfare of cats and humans alike.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.04.275 is hereby added to
read as follows:
Section 4.04.275 Prohibition Against Procuring, Performing Or Assisting in
Performing Onychectomy (Declawing) or Flexor Tendonectomy
(a) Prohibition - No licensed medical professional or other person shall
perform, assist in the performance of, or procure the performance of an
onychectomy (declawing) or flexor tendonectomy procedure by any means on
any cat within the City.
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(b) Exception - Notwithstanding subsection (a), an onychectomy
(declawing) or flexor tendonectomy procedure may be performed within the City
if the procedure is necessary to address a medical condition of the cat, such as
an existing or recurring illness, infection, disease, injury or abnormal condition in
the claw, that compromises the animal's health. This exception does not allow
procedures undertaken for cosmetic or aesthetic reasons or for any person's
convenience.
(c) Penalty -Any person who violates this section shall be guilty of
misdemeanor and shall be fined in an amount not to exceed $500.00 or be
imprisoned for a period of six months, or both.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
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SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_ / "~
MARS A JON . MOUTRI
City At o ey
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Approved and adopted this 10th day of November, 2009.
Pam O'Connor, Mayor Pro Tem
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart,. City Clerk of the City of Santa Monica, do hereby certif~ that the
foregoing Ordinance No. 2300 (CCS) had its introduction on October 27 h, 2009, and
was adopted at the Santa Monica City Council meeting held on November 10th, 2009,
by the following vote:
Ayes: Council members:
Noes: Council members:
Abstain: Council members:
Absent: Council members:
Bloom, Davis, Holbrook, McKeown, Shriver
Mayor Pro Tem O'Connor
None
None
Mayor Genser
A summary of Ordinance No. 2300 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Maria Stewart, City Jerk