Ordinance 3371 CITY OF ALAMEDA ORDINANCE No. 3371
New Series
AMENDING ALAMEDA MUNICIPAL CODE BY ADDING SECTION 7-9.9
(ANIMAL TESTING BAN) TO ARTICLE 7-9 (GENERAL PROVISIONS) OF
CHAPTER VII (ANIMAL CONTROL), TO PROHIBIT ANIMAL TESTING AND
EXPERIMENTATION ON PROPERTY OWNED OR CONTROLLED BY THE
CITY OF ALAMEDA IN ITS PROPRIETARY CAPACITY
WHEREAS, the City Council desires to limit animal testing and experimentation on
property owned or controlled by the City in its proprietary capacity.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda:
Section 1. The Alameda Municipal Code is hereby amended by adding new Section 7-9.9,
inclusive, (Animal Testing Ban) of Article 7-9 (General Provisions) of Chapter VII (Animal Control)
to read as follows:
7-9.9.Animal Testing Ban.
No person shall engage in or permit animal testing or experimentation on any property owned or
controlled by the City of Alameda in its proprietary capacity, with the exception where animal
testing or experimentation may be performed as part of research related to anticipated or actual
United States Food and Drug Administration, United States Department of Agriculture, United
States Environmental Protection Agency or other regulatory filings related to human or animal
therapeutics, vaccines, devices and parasiticides. "Controlled" for purposes of this section refers
to any property of which the City is not a fee simple owner but holds proprietary control (including
but not limited to any property of which the City is a tenant, subtenant, lessee, sublessee, or
licensee). The prohibitions set forth in this section shall not apply to animal shelters, animal
hospitals, veterinary offices, adoption, grooming, and animal care facilities, and similar uses. This
section is not and shall not be construed to be an exercise of the City's zoning or land use
authority.
Section 2. CEQA DETERMINATION
The City Council finds and determines that the adoption of this ordinance does not constitute a
"project" as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378
and therefore no further CEQA analysis is required.
Section 3. SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid, this
invalidity shall not affect other provisions of this Ordinance that can be given effect without the
invalid provision and therefore the provisions of this Ordinance are severable. The City Council
declares that it would have enacted each section, subsection, paragraph, subparagraph and
sentence notwithstanding the invalidity of any other section, subsection, paragraph,
subparagraph or sentence.
Section 4. IMPLIED REPEAL
Any provision of the Alameda Municipal Code inconsistent with the provisions of this Ordinance,
to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to effect the provisions of this Ordinance.
Section 5. EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days
from the date of its final passage.
aO‘ /'
Presidin fficer o City Counc'
Attest:
I o ,�
Lara Weisiger, City Q e
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
21 st day of May 2024, by the following vote to wit:
AYES: Councilmembers Jensen, Vella and Mayor Ezzy Ashcraft— 3.
NOES: Councilmembers Daysog and Herrera Spencer—2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said
City this 22nd day of May 2024.
/4-
Lara Weisiger, City Cferk
City of Alameda
APPROVED AS TO_F3DR •
Yibin Sh Ci orney
City of Ala a