§ 6.16.190. Restricted dog breeding and dog and cat transfer.

A.

No person, as principal, agent, employee or otherwise, shall establish or maintain any dog kennel for breeding purposes, keep any dog for breeding purposes, or breed any dog which is owned, harbored or kept within the City, without first applying to and receiving a breeding permit to do so from the Department of Health and Human Services, Animal Control Division. "Breeding" shall be deemed to have occurred upon the production of a litter, whether such litter results from sexual activity or artificial insemination, and whether such sexual activity was intentional or the result of improper confinement.

B.

The application for a breeding permit shall be filed by all of the persons responsible for both dogs to be bred, including persons who may reside outside of the City, and shall contain such information as is requested by the City, including without limitation the following:

1.

A complete description of the nature and extent of the breeding to be conducted and for which application is made, including the breed of dogs proposed to be bred;

2.

The address of the location at which breeding will occur and, if different from the breeding address, the address of the location at which the litter shall be whelped;

3.

The name and address of the applicant(s);

4.

A statement by the applicant(s) stating that each applicant(s) owns either of the dogs to be bred and that there are no other owners;

5.

A statement by the applicant(s) stating that at least one (1) of the litter is intended to be offered for sale;

6.

Evidence that the dogs to be bred do not have the same sire or dam;

7.

Evidence that the dam to be bred is at least two (2) years old and not older than seven (7) years old;

8.

A copy of a valid certificate of health for the dam;

9.

Evidence that both dogs to be bred have electronic animal identification devices implanted;

10.

Written authorization to breed and/or whelp from the owner(s) of the properties at which the dogs will be bred and/or whelped, if such owners are not the applicant(s);

11.

A statement by the applicant(s) stating that the applicant(s) have reviewed and will comply with all applicable rules and regulations regarding breeding and keeping animals on private property;

12.

Such other information as may be required by the Director, consistent with the purposes of this Chapter, this Code and applicable law.

C.

The Chief of Police and/or Director shall conduct a background check of any applicant(s) for a breeding permit. The City shall not issue a breeding permit to any applicant for whom the Chief of Police or Director determines the background to be unacceptable. Breeding permits shall not be issued to applicant(s) who are under the age of eighteen (18), or who have violated this Section, Sections 6.16.080, 6.16.110, and/or 21.51.210 of this Code, or any of Sections 596 through 599 of the California Penal Code, or to persons responsible for dogs which have been declared vicious under Section 6.16.250 of this Chapter or otherwise have previously bitten any person, or to persons responsible for any breed of dog which is disproportionately responsible for dog bite complaints within the City, or to persons responsible for any breed of dog which is disproportionately euthanized within the City. Breeding permits shall not be issued for the purposes of breeding any dog breeds that are not recognized by the American Kennel Club (or any other organization determined by the Director to be a generally recognized leading national breeding organization) and shall not be issued for the purpose of mixing breeds.

D.

Prior to processing the application, the Director shall receive the required breeding permit application fee, and such application fee shall be nonrefundable. The breeding permit application fee shall be determined by the City Council by resolution. After processing the application but prior to issuing a breeding permit, the Director shall receive the required breeding permit fee, and such permit fee shall be nonrefundable. The breeding permit fee shall be determined by the City Council by resolution. The following dogs are exempt from both the application fee and breeding permit fee requirements but are subject to the other requirements of this Section to the extent such requirements do not conflict with State or federal law:

1.

Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement or rescue activities, the offspring of which are to be used for the same purposes.

2.

Dogs documented as guide, signal or service dogs pursuant to the California Penal Code or the California Business and Professions Code, the offspring of which are to be used for the same purposes.

E.

The breeding permit shall be valid for one (1) year and shall not be transferable or assignable from one (1) person or entity to another or from one (1) household to another household, and only one (1) breeding permit shall be issued per year, per household, regardless of how many dogs or persons may reside in such household.

F.

Once permitted by the City, the breeding permittee shall comply with each of the following operating restrictions:

1.

Only one (1) litter per year, per dog per household may be whelped.

2.

Proper shelter shall be provided for all dogs and litters. "Proper shelter" shall be defined as an enclosure with four (4) walls, a roof and a raised floor which adequately protects from exposure to cold, heat and water, and which gives access to an enclosed yard or other open outdoor space.

3.

Clean and reasonably temperate water shall be provided to all dogs at all times.

4.

Nutritious food sufficient to properly nourish the dame and her litter shall be provided.

5.

Dogs' living quarters and yards shall be properly maintained at all times, including without limitation, removal of feces and urine to prevent odors from entering surrounding areas.

6.

Dogs shall be kept in a manner which prevents barking from disturbing occupants or users of surrounding areas.

7.

Births shall be reported to the Director within ten (10) days of their occurrence.

8.

No offspring shall be sold or otherwise transferred, whether for compensation or otherwise, until it has reached the age of eight (8) weeks, has been immunized against common diseases and has been issued a certificate of health.

9.

All offspring must have an electronic animal identification device implanted before the age of eight (8) weeks.

G.

No person shall sell or transfer, for compensation or otherwise, any dog or cat within the City, without first applying to and receiving a transfer permit to do so from the Department of Health and Human Services, Animal Care Services Bureau. Persons responsible for a dog who have received a breeding permit under this Section shall not be required to apply for a transfer permit under this Section. One (1) transfer permit shall be issued per litter, unless the applicant for a transfer permit operates a pet store or is a validly incorporated Section 501(c)(3) animal rescue organization, in which case the transfer permit shall be issued annually.

H.

The application for a transfer permit shall be filed by all of the persons responsible for the dogs or cats to be transferred, and shall contain such information as is requested by the City, including without limitation the following:

1.

The name and address of the breeder(s) of the dogs or cats to be transferred or offered for transfer, or if unknown, evidence that the applicant is a validly incorporated Section 501(c)(3) animal rescue organization;

2.

The address of the location at which the dog or cat litter was whelped, or if unknown, evidence that the applicant is a validly incorporated Section 501(c)(3) animal rescue organization;

3.

Such other information as may be required by the Director consistent with the purposes of this Chapter, this Code and applicable law.

I.

Prior to processing the application, the Director shall receive the required transfer permit application fee, and such application fee shall be nonrefundable. The transfer permit application fee shall be determined by the City Council by resolution. After processing the application but prior to issuing a transfer permit, the Director shall receive the required transfer permit fee, and such permit fee shall be nonrefundable. The transfer permit fee shall be determined by the City Council by resolution. The following dogs and/or applicant(s) are exempt from both the application fee and transfer permit fee requirements but are subject to the other requirements of this Section to the extent such requirements do not conflict with State or federal law:

1.

Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement or rescue activities, the offspring of which are to be used for the same purposes;

2.

Dogs documented as guide, signal or service dogs pursuant to the California Penal Code or the California Business and Professions Code;

3.

Validly incorporated Section 501(c)(3) animal rescue organizations.

J.

The following provisions shall apply to the sale, adoption or other transfer of dogs and cats, whether or not a transfer permit is required under this Section:

1.

Any person who offers or provides any dog or cat for sale or transfer, whether for compensation or otherwise, shall disclose to the transferee in writing, information regarding the dog's or cat's immunization history and the license and permit requirements of the City applicable to the transferred animal.

2.

No person shall sell or otherwise transfer any dog without such dog having an electronic animal identification device implanted, which such device shall identify the breeding permit number under which the dog was bred or the transfer permit number, as applicable, and a description of the transferred dog including the breed, gender, color and age.

3.

No person shall see or otherwise transfer any dog or cat without reporting the name, address and phone number of the transferee to the Director within ten (10) business days of the transfer.

4.

Any advertisement to the public regarding the availability of any dog which was bred within the City for sale or transfer, whether for compensation or otherwise, shall prominently display the breeding permit number.

5.

Any advertisement to the public regarding the availability of any dog or cat for sale or transfer, which was bred outside the City, whether for compensation or otherwise, shall prominently display the transfer permit number.

6.

No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, auction, game or competition.

7.

No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement.

8.

No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any dog or cat to any minor under the age of eighteen (18).

9.

Proper shelter shall be provided for all dogs and cats to be transferred.

10.

Clean and reasonably temperate water shall be provided to all dogs and cats at all times.

11.

Nutritious food sufficient to properly nourish the dog or cat shall be provided.

12.

Dogs' and cats' living quarters and yards shall be properly maintained at all times, including without limitation, removal of feces and urine to prevent odors from entering surrounding areas.

13.

Dogs shall be kept in a manner which prevents barking from disturbing occupants or users of surrounding areas.

14.

A valid business license shall be required for all transfers made for compensation.

K.

Employees of the Animal Care Services Bureau shall have the right to inspect, on more than one (1) occasion, the property of any permittee used for breeding, whelping or holding any animals during reasonable hours and without advance notice.

L.

Failure of any person to comply with all terms and conditions of the breeding permit or the transfer permit and applicable law shall be grounds for the revocation or suspension of such breeding permit or transfer permit and shall be grounds for denial of future breeding and/or transfer permits.

M.

Possession of a valid breeding or transfer permit under this Chapter does not entitle the permittee to engage in an activity which is otherwise prohibited by law.

(ORD-09-0022, § 5, 2009)