Chapter 10.16
ANIMAL SALES AND BREEDING
Sections:
10.16.010 Animals as business inducement.
10.16.020 Artificially treated animals.
10.16.030 Animals offered in public places.
10.16.010 Animals as business inducement.
No person shall give away any live animal, fish, reptile, or birds as a prize for or as an inducement to enter any contest, lottery, drawing, game or competition, as an inducement to enter a place of business, or as an incentive to enter into any business agreement where the offer to give away is for the purpose of attracting trade or for amusement. [Ord. 1786 N.S. § 2, 1991].
10.16.020 Artificially treated animals.
No person shall sell, offer for sale, barter, give away or publicly display baby chicks, ducklings or other fowl or rabbits as pets or novelties which animals are dyed, colored, stained or otherwise artificially treated. [Ord. 1786 N.S. § 2, 1991].
10.16.030 Animals offered in public places.
No person shall sell, offer for sale, barter, give away or exchange in a public place any dog, cat, fish, reptile, bird or other animals. “Public place” shall include, without limitation, streets, highways, fronts of places of business, carnivals, sidewalks, and flea markets. [Ord. 1786 N.S. § 2, 1991].
10.16.040 Breeding.
(a) For the purposes of this chapter, “breeding” is defined as sexual intercourse or artificial insemination of dogs or cats, the result of which may be offspring.
(b) Permitting or encouraging the breeding of dogs or cats within the city of Pacific Grove is prohibited except when expressly permitted by the issuance of a current breeding permit (“permit”), as provided herein. A permit shall be obtained by the owner of an impregnated animal no later than two weeks following the birth of its puppies or kittens, except as follows:
(1) The requirement for a breeding permit may be waived if, on the first occasion of such birth, the litter is delivered to the S.P.C.A. for humane disposition, the owner has the parent animal sterilized, and proof of such actions is provided to the city or its designated representative.
(c) Upon completion of the appropriate application and payment of the fee established by resolution of the council, a permit valid for one year may be issued pursuant to the following procedures and conditions:
(1) Animal housing and care provisions shall be in compliance with the State Humane Code, and permittee shall consent to inspections by the animal control officer or other designated city official when deemed necessary to ensure such compliance.
(2) Any animal four months or older in possession of the permittee shall be maintained in a current status with respect to vaccination and license requirements.
(3) The following requirements shall apply to the sale, adoption, giving away, or other release of any puppy or kitten by the permittee:
(A) Animals shall be of age eight weeks or older.
(B) Upon transfer of ownership, an animal shall have its health checked by a licensed veterinarian and will have received all appropriate vaccinations.
(C) On the occasion of placement of an animal within the city of Pacific Grove, the name, address, and telephone number of its new owner shall be provided to the animal control officer.
(D) Advertisements for the sale or giving away of animals from litters permitted under the provisions of this section shall show the seller’s breeding permit number as part of the advertisement.
(4) Permits shall apply to no more than one litter per adult female per year, regardless of litter size, except as follows:
Owners wishing to produce litters at a rate higher than one per year may be issued a commercial breeding permit, upon completion of the appropriate application and payment of the fee established by resolution of the council. The commercial breeding permit is not subject to the single litter limitation. [Ord. 1786 N.S. § 2, 1991].
10.16.050 Limitations.
(a) This chapter shall not be construed to prohibit the sale or display of natural chicks or ducklings in proper brooder facilities by places of business lawfully engaged in the sale of such animals.
(b) This chapter shall not be construed to prohibit the sale or display of any dog, cat or other animal, fish, reptile or bird by humane societies, public animal shelters or others lawfully engaged in the business of selling such animals.
(c) This chapter shall not be construed to prohibit the sale or gift of any animal by its owner; provided, that PGMC 10.16.010, 10.16.020, 10.16.030, and 10.16.040 are complied with. [Ord. 1786 N.S. § 2, 1991].