Chapter 6.16
BREEDING, SALE AND ADOPTION OF ANIMALS
Sections:
6.16.030 Mandatory spaying/neutering.
6.16.050 Unaltered animal certification – Administration.
6.16.060 Use of certification revenue.
6.16.070 Sale or adoption of dogs and cats.
6.16.080 Penalty for violation.
6.16.090 Enforcement responsibility.
6.16.010 Findings.
The city council finds and declares that a program for mandatory spaying/neutering of cats and dogs combined with a certification system for unaltered cats and dogs owned, harbored or kept within the city, is a reasonable and effective means of reducing the population of homeless or stray cats and dogs, reducing the need to euthanize healthy cats and dogs, and providing for the health, safety and welfare of the public. (Ord. 912 § 2, 2006)
6.16.020 Definitions.
As used in this chapter:
“Unaltered animal certification” means a written authorization, issued annually by the director, giving permission to maintain an unaltered dog or cat. Fees for the certification shall be established by city council resolution.
“Feral cat” means a feline that by its nature is wild, or is no longer domesticated.
“Feral cat colony” means a group of two or more feral cats. (Ord. 912 § 2, 2006)
6.16.030 Mandatory spaying/neutering.
A. No person shall own, harbor or keep within the city a dog or cat over the age of six months that has not been spayed or neutered unless such person holds an unaltered animal certification for the animal issued pursuant to Section 6.16. 050.
B. Any person intentionally providing care or sustenance for a dog or cat shall be deemed the guardian of such dog or cat and shall comply with this chapter.
C. The following animals are exempt from the provisions of this section:
1. Dogs documented as having been appropriately trained and actually being used by public law enforcement agencies for law enforcement activities, or dogs designated as breeding stock for law enforcement purposes by an appropriate agency or organization approved by the director after consultation with knowledgeable professionals;
2. Dogs documented as having been appropriately trained and actually being used as service dogs, such as a guide dog, hearing dog, service dog or social/therapy dog, or dogs designated as breeding stock for these purposes by an appropriate agency or organization approved by the director after consultation with knowledgeable professionals;
3. Dogs documented as having been appropriately trained and actually being used by search and rescue agencies for search and rescue activities, or dogs designated as breeding stock for these purposes by an appropriate agency or organization approved by the director after consultation with knowledgeable professionals;
4. Dogs or cats certified by a licensed veterinarian as having a health reason for not being spayed/neutered;
5. Dogs which are appropriately trained and actually being used for herding of other animals, or as livestock guardian dogs, or dogs designated as breeding stock for these purposes by an appropriate agency or organization approved by the director after consultation with knowledgeable professionals;
6. Dogs or cats boarded in a licensed kennel or a business which boards such animals for professional training or resale;
7. Dogs or cats which are owned and in the custody and control of persons who do not reside in the city, but who are temporarily visiting the city or traveling through the city. (Ord. 912 § 2, 2006)
6.16.040 Care of feral cats.
It is unlawful for any person within the city to intentionally provide food, water, or other forms of sustenance to a feral cat colony unless the person furnishes the director with a signed statement agreeing to the following conditions at such person’s cost:
A. Register with the director as caring for feral cats;
B. Regularly feed the cat colony, including weekends and holidays;
C. Regularly and frequently trap the cats over the age of eight weeks and have them spayed or neutered;
D. Arrange to have all trapped cats tested for feline leukemia and feline immune deficiency virus, and to have those who test positive humanely euthanized or isolated indoors;
E. Identify all trapped cats by tipping their ears; and
F. Arrange to have all trapped cats vaccinated for rabies in addition to any other vaccination or immunization requirement imposed by the state. (Ord. 912 § 2, 2006)
6.16.050 Unaltered animal certification – Administration.
A. The director shall administer a certification program to allow for unaltered animals over the age of six months when the director determines that the following conditions have been met:
1. The animal is examined annually by a licensed veterinarian and is following the preventative health care program recommended by the veterinarian;
2. The guardian has not had more than two violations of this title within the preceding twenty-four months;
3. The animal is properly housed and cared for as follows:
a. The animal is provided sufficient quantity of good and wholesome food and water,
b. The animal is provided shelter that will allow the animal to stand up, turn around, and lie down without lying in his/her feces,
c. The area where the animal is kept is properly cleaned and disinfected,
d. If the animal is a dog, it must be fully contained on the guardian’s property and be provided appropriate exercise, and
e. The animal guardian otherwise complies with any applicable state or local law concerning the care and housing of animals;
4. The guardian furnishes the director with a signed statement agreeing to the following conditions:
a. The female unaltered animal will have no more than one litter per year, unless the guardian furnishes the director, in advance of any breeding, a written statement from a licensed veterinarian recommending that the female feline be allowed to have up to two litters per year. This written recommendation may result from the annual examination required pursuant to subsection (A)(1) of this section,
b. Offspring of the unaltered animal will not be sold or adopted until they are at least seven weeks of age, and
c. Records will be kept documenting how many offspring were produced and who adopted or purchased them.
B. Any guardian advertising to the public the availability of any dog for adoption, sale, barter or other transfer must prominently display his or her unaltered animal certification number in the advertisement. The certification number shall also be provided to any person adopting or purchasing any dog or cat bred in the city.
C. Commercial establishments selling locally bred dogs or cats shall prominently display the unaltered animal certification number of the animal’s guardian.
D. Any guardian of an unspayed or unneutered dog or cat who has been cited for failing to obtain an unaltered animal certification may have his or her citation dismissed if there is proof that the animal has been spayed or neutered within thirty days of the issuance of the citation.
E. Any guardian who is denied an unaltered animal certification or whose certification is revoked by the director for failure to comply with the requirements of this section may appeal such denial or revocation to the city council pursuant to Chapter 2.52. The decision of the city council shall be final. (Ord. 912 § 2, 2006)
6.16.060 Use of certification revenue.
All certification revenue collected pursuant to this chapter, unless otherwise specified, shall be applied by the city council as follows:
A. To recover and/or offset the costs for the enforcement, administration and support of this title;
B. To advance the purpose of this chapter by providing for the spaying and neutering of animals, and/or providing for the testing and immunization of feral cats. (Ord. 912 § 2, 2006)
6.16.070 Sale or adoption of dogs and cats.
A. Any person who provides or offers any dog or cat to the public, whether or not for compensation, shall provide to the prospective guardian, free of charge, information relating to the vaccination status of the dog or cat. In addition, the provider shall supply to the client, free of charge, information related to pet care and guardianship, including information on city laws pertaining to animal control and spay/neuter programs available in the city. This information will be prepared and made available either free of charge or at cost by the director.
B. Any person offering a dog for sale, barter, exchange or adoption, whether or not for compensation, shall disclose to any prospective guardian information regarding the licensing requirements of the city applicable to such animal.
C. No person shall present any dog or cat for sale, barter, exchange, or adoption, whether or not for compensation, in any public place in the city. “Public place” shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, flea markets, parks and areas in front of commercial establishments. This prohibition shall not apply to:
1. Any animal rescue or humane organization or agency recognized by the director; or
2. Any dog or cat breeder selling cats or dogs at a nationally sanctioned cat or dog show.
D. No person shall give away any dog or cat as a prize or as an inducement to enter any contest, lottery, drawing, game or competition.
E. 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. This prohibition shall not apply to any licensed veterinarian who offers dogs or cats for sale or adoption.
F. No person shall sell, barter, exchange or offer for adoption, whether or not for compensation, any dog or cat to any person who is under the age of eighteen, without the written permission of the minor’s parent or legal guardian. (Ord. 912 § 2, 2006)
6.16.080 Penalty for violation.
A. Except as otherwise provided, any person violating or causing or permitting the violation of this chapter shall be deemed guilty of an infraction.
B. Any person who has been cited for his or her first violation of Section 6.16.040 shall not be subject to a fine, but shall instead be advised of, and ordered to comply with, the requirements of said section. (Ord. 912 § 2, 2006)
6.16.090 Enforcement responsibility.
The director shall be responsible for the enforcement and administration of this chapter. (Ord. 912 § 2, 2006)