Chapter 6-1 ANIMALS, INSECTS, AND FOWL

There is hereby established an Animal Services and Control Shelter in the City, to be located at such place as the Council shall, from time to time, select.

(1064-CS, Amended, 05/23/2006)

6-1-103 Interfering with Animal Services and Control Officers: Removal of animals from Animal Shelter, etc.

Any person who shall interfere with, oppose, or resist any Animal Services and Control Officer while engaged in performing any duty imposed by the provisions of this chapter or any other law of the City, or who shall, without the permission of the Animal Services and Control Officer, remove or take away any animal from the Animal Shelter, or remove any fence, bar, or barrier or open any gate for the purpose of enabling any animal to escape from the Animal Shelter shall be guilty of a misdemeanor.

(1064-CS, Amended, 05/23/2006)

6-1-104 Keeping hogs prohibited.

No person shall keep or maintain any hog pen or pig sty within the City. No person shall keep or maintain in pens, sties, or otherwise any live hogs within the City longer than may be necessary for shipment, which in no event shall be more than twenty-four (24) hours.

6-1-105 Keeping household pets and domestic animals.

(a) Unless a permit has been obtained to operate a kennel, it shall be unlawful to own or keep at any dwelling more than three (3) dogs older than four (4) months and more than three (3) cats older than six (6) weeks.

(b) No person shall cause or allow any dog or cat owned, harbored, or kept within the City of Turlock to breed without first obtaining a Breeder Certificate from Animal Services and Control.

(1064-CS, Amended, 05/23/2006; 1003-CS, Amended, 06/26/2003; 963-CS, Amended, 03/30/2001)

6-1-105.1 Other domesticated animals.

(a) No person shall keep or maintain a domestic animal except as hereinafter specified:

(1) Four (4) rabbits or hares; and

(2) Six (6) domesticated fowl; and

(3) Six (6) chinchillas, hamsters, or white mice or similar animals (combined total); and

(4) One (1) potbellied pig; and

(5) On parcels of land one-half (1/2) acre or larger, one (1) horse, or one (1) cow, or one (1) sheep, or one (1) goat.

(b) Facilities for domestic animals shall be subject to the following requirements:

(1) Stables or barns shall not be located within one hundred feet (100') of a residential dwelling located on an adjacent property;

(2) Pens or other quarters for animals or fowl shall be kept or maintained only at a distance of twenty feet (20') from the rear property line and twenty-five feet (25') from the side property line.

(1064-CS, Amended, 05/23/2006; 963-CS, Added, 03/30/2001)

6-1-106 Keeping bees prohibited.

No person shall keep or maintain within the City, as the same is now or may hereafter be constituted, any stand of bees, except in conjunction with an existing agricultural operation.

6-1-107 Keeping bees: Unlawful keeping declared nuisance: Abatement.

Any person keeping or maintaining bees in the City shall be guilty of keeping and maintaining a public nuisance, and Animal Services and Control staff is hereby ordered and directed to abate the nuisance.

(1064-CS, Amended, 05/23/2006)

6-1-108 Fowl running at large: Prohibited.

It shall be unlawful for any person owning or having the care, custody, control, or possession of chickens, geese, ducks, turkeys, or other domestic fowl to permit any such chickens, geese, ducks, turkeys, or other domestic fowl to run at large within the corporate limits of the City or to be herded in any street, alley, or other public place, either in the daytime or nighttime.

6-1-109 Fowl running at large: Impounding.

It shall be the duty of Animal Services and Control Officers to use best efforts to identify the owner of any fowl running at large or herded in violation of the provisions of this article. In the event that an owner cannot be identified, Animal Services and Control Officers may seize and impound the fowl.

(1064-CS, Amended, 05/23/2006)

6-1-110 Fowl running at large: Impounding: To be kept for five (5) days.

Animal Services and Control Officers, after seizing and impounding any chicken, goose, duck, turkey, or any other domestic fowl, shall keep the same for five (5) days. Such impounded fowl may be claimed within five (5) days if the costs and charges are paid as specified in this chapter.

(1064-CS, Amended, 05/23/2006)

6-1-111 Fowl running at large: Impounding: Failure to redeem within five (5) days: Sale.

Should no person claim any impounded fowl and pay all the costs and charges, Animal Services and Control Officers shall, at the expiration of five (5) days, at 12:00 noon, proceed to sell such fowl at public auction to the highest bidder.

(1064-CS, Amended, 05/23/2006)

6-1-112 Exception: Potbellied pigs.

Notwithstanding anything in this Code to the contrary, it shall be lawful to possess or own one (1) potbellied pig in the City of Turlock that meets all of the following requirements:

(a) There is only one (1) potbellied pig at any one (1) residence, establishment or dwelling;

(b) Such potbellied pig does not exceed a height of twenty inches (20") at the shoulder or weigh more than one hundred (100) pounds;

(c) Such potbellied pig shall be kept securely enclosed in a room, pen or other enclosure or such potbellied pig shall be kept securely tethered by a chain or cable and attached to a harness made for the purpose of holding potbellied pigs. No person owning, or having care, custody, or control or possession of any potbellied pig shall suffer or allow or permit such potbellied pig to run, be, or remain at large on any public street, road, alley, park, square or other public place, or upon private property other than the property of the owner or custodian of such potbellied pig without the consent of the owner of such property, within the corporate limits of the city; and all potbellied pigs may be deemed running at large within the meaning of this section unless securely tethered or on a leash and harness of sufficient strength as to prevent it being broken;

(d) All such persons who possess or own a potbellied pig shall obtain a permit from the Animal Shelter, within thirty (30) days of acquiring it, and pay the fee as established by City Council resolution and as amended from time to time by resolution;

(e) Such potbellied pig shall be detusked and neutered at the appropriate ages for potbellied pigs and no litters are to be born to any potbellied pig that is kept in the City limits of Turlock;

(f) There is no evidence that such potbellied pig has become a public nuisance through the filing of two (2) complaints of noise or odor from two (2) separate households. Should such evidence of a public nuisance exist, same is grounds for revocation of the permit to keep a potbellied pig in the City of Turlock.

(1064-CS, Amended, 05/23/2006; 838-CS, Enacted, 03/23/1994)

6-1-113 Exceptions: Fancy, racing, and sporting pigeons.

Notwithstanding anything else in this Code to the contrary, it shall be lawful to possess or own “racing pigeons,” “fancy pigeons,” and “sporting pigeons,” as defined in this Code, in the City of Turlock subject to the following requirements and permit.

(a) Definitions.

(1) “Pigeon” shall mean a member of the family Columbidae, and shall include “racing pigeons,” “fancy pigeons,” and “sporting pigeons” as defined in this Code.

(2) “Racing pigeon” shall mean a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted such by the American Racing Pigeon Union, Inc. or the International Federation of Racing Pigeons Fanciers. Also commonly known as racing homer, or carrier pigeon.

(3) “Fancy pigeon” shall mean a pigeon which, through past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples: fantails, pouters, and trumpeters.

(4) “Sporting pigeon” shall mean a pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples: rollers and tipplers.

(5) “Loft” shall mean the structure(s) for the keeping or housing of the pigeons permitted by this section.

(6) “Leg Band” shall mean a permanent marker affixed to a pigeon’s leg that is imprinted with the year of the pigeon’s birth, club affiliation, and individual identification number.

(7) “Mature pigeon” shall mean a pigeon aged six (6) months or older.

(8) “Owner” shall mean the owner of pigeons subject to this ordinance.

(b) Conditions. The keeping, breeding, maintenance, and flying of pigeons shall be permitted in any zoning district in the City subject to the following conditions:

(1) No person shall keep or maintain more than fifty (50) (exercising) mature pigeons on any single lot.

(2) All pigeons shall be fitted with a leg band approved by the National Pigeon Association, the American Pigeon Club, the Rare Breeds Pigeon Club, or similar nationally recognized pigeon organization.

(3) The loft shall be of sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition.

(4) There shall be at least one (1) square foot of floor space in any loft for each mature pigeon kept therein.

(5) The construction and location of any loft shall not constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood and community. Furthermore, the loft shall be compatible in scale and design with adjacent structures, including those on adjoining properties. Any loft shall be constructed on the back one-half (1/2) of the property and shall comply with the provisions of TMC 9-2-101, Accessory buildings or structures. No loft shall be located closer than fifty (50') feet from any building used for human habitation.

(6) All feed for the pigeons shall be stored in such containers to protect against intrusion by rodents and other vermin.

(7) The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations. The owner shall take any and all steps necessary to prevent fly breeding, fleas, and rodents.

(8) Waste material shall not be a source of odor and shall be disposed of in an approved manner.

(9) No dead animals shall be buried on the premises.

(10) All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training, and competition; and at no time shall pigeons be allowed to perch or linger on buildings or fences, or other common or private property, including that of others.

(11) All pigeons shall be fed within the confines of the loft.

(12) No one shall release pigeons to fly for exercise, training, or competition except in compliance with the following provisions:

(i) The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, California State Racing Pigeon Organization, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood.

(ii) Pigeons will not be released for flying which have been fed within the previous four (4) hours.

(iii) Pigeons shall be banded and registered with one (1) of the national pigeon associations/registries.

(13) All lofts shall be periodically inspected for compliance with the provisions of this section and for compliance with the terms of any permit.

(c) Permit required. The keeping of pigeons may be authorized at the discretion of the Development Services Director and Chief of Police, or designee(s), pursuant to a permit applied for and issued in accordance with TMC 9-5-307 through 9-5-315. Any Minor Discretionary Permit shall be issued to the owner and shall remain in full force and effective unless suspended or revoked, or unless the use of the loft is discontinued for a period of one (1) year. A fee shall be paid by the applicant to cover the costs of processing and administering the permit application. Such fee shall be set by Council resolution, and may be amended from time to time.

(d) Permit revocation. The Development Services Director shall revoke any permit to keep pigeons if it has been determined that said pigeons have become a public nuisance. The keeping of pigeons on a particular property shall be deemed a public nuisance if two (2) complaints of noise, odor, or failure to comply with the provisions of this Code are filed from separate households.

(1223-CS, Amended, 10/13/2016; Ord. 1003-CS, Added, 06/26/2003)

6-1-114 Breeder Certificate: Exceptions and exemptions.

(a) The term “Breeder Certificate” shall mean a written authorization issued annually by Animal Services and Control giving its lawful holder permission to breed one (1) litter per year per designated animal.

(b) Any holder of a Breeder Certificate who advertises to the public the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the Breeder Certificate number in any such advertisement. Further, the Breeder Certificate holder must provide the Certificate number to any person who purchases, adopts or receives any animal from the Certificate holder and include the Certificate number on any receipt of sale or transfer document.

(c) No offspring may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least seven (7) weeks and has received its first immunization against common diseases.

(d) The following animals are exempt from Breeder Certificate requirements:

(1) Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement and rescue activities;

(2) Dogs documented as guide, signal, or service dogs pursuant to California Penal Code Sections 365.5(d), (e) and (f) and successor sections;

(3) Dogs and cats under the care of governmental animal control agencies; animal rescue organizations which have demonstrated to Animal Services and Control staff that they have implemented an ongoing spay/neuter plan, as well as an adoption plan; or humane societies or societies for the prevention of cruelty to animals, if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110, and successor sections;

(4) Dogs documented as enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5 (commencing with Section 7200), Division 3 of the California Business and Professions Code; and

(5) When a veterinarian has determined that spay/neuter is inappropriate for the animal’s age or health.

(e) When contacted by Animal Services and Control Officers, the owner of a pregnant or whelping dog or cat must either show proof of an impending spay/neuter appointment or agree to participate in a low-cost spay/neuter program, or purchase a Breeder Certificate.

(f) Breeder Certificates shall not be issued to any person who has been convicted of animal cruelty or neglect.

(1064-CS, Added, 05/23/2006)

6-1-115 Feral cats.

(a) It shall be unlawful for any person within the City of Turlock to intentionally provide food, water, or other forms of sustenance to a feral cat unless the person furnishes Animal Services and Control with a signed statement agreeing to all of the following conditions:

(1) Register with Animal Services and Control as a caretaker of feral cats;

(2) Feed feral cat(s) daily in a manner that does not leave excess food in the area;

(3) Regularly trap and spay/neuter cats over the age of eight (8) weeks;

(4) 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;

(5) Identify all trapped cats by tipping their ears;

(6) Arrange to have all trapped cats vaccinated for rabies in addition to any other vaccination or immunization requirement imposed by the State.

(1064-CS, Added, 05/23/2006)

6-1-116 Animal waste.

(a) It shall be unlawful for any person owning, possessing, controlling, harboring, or keeping a dog to permit such animal to defecate upon the public property of the City of Turlock or upon the private property of another, unless that person immediately removes the feces and properly disposes of it.

(b) Any person having custody or control of a dog while on public property, or private property not owned by such person, shall at all times carry an instrument suitable for the removal and proper disposal of feces and shall remove and dispose of same.

(c) It shall be unlawful for any person owning, possessing, controlling, harboring, or keeping a dog or cat to allow feces to accumulate upon their property. Feces must be removed prior to the occurrence of offensive odors or fly and/or rodent infestation. Feces must be removed by placing it in plastic bags for deposit in appropriate garbage containers. It shall be unlawful to deposit feces in a manner which may create a health hazard.

(d) Visually handicapped persons using guide dogs are exempt.

(1064-CS, Added, 05/23/2006)

6-1-117 Rescue permits required: Exceptions and exemptions.

(a) The term “rescue permit” shall mean a written authorization issued annually by Animal Services giving a lawful rescue group the authority to hold an agreed upon number of dogs and/or cats at a specific location for the purpose of placing them in permanent homes, without having to obtain a kennel permit.

(b) The rescue group must provide proof to Animal Services of a current and valid nonprofit group status, as defined in the Internal Revenue Code and issued by the Internal Revenue Service Department of Treasury, as required by Food and Agriculture Code Section 31108(b).

(d) The rescue group must provide documentation of caretakers that are responsible for the care, feeding and treatment of the animals in addition to and in the absence of the individual applying for the permit.

(e) An evacuation plan must be on file at the site location.

(f) If the residence is not owned by the applicant, written permission from the land owner must be kept on file with Animal Services.

(g) No dog or cat may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least seven (7) weeks and has received its first immunization against common diseases and proof of spay or neuter (as required by Food and Agriculture Code Section 30520) has been provided to the new owner.

(h) If a veterinarian has determined that spay/neuter is inappropriate for the animal’s advanced age or health, a dog/cat maybe placed with a new family with proof of verification, as stipulated in the Food and Agriculture Code Section 30520.

(i) Rescue permits can be revoked by the Department of Animal Services if there are complaints of excessive noise, feces or smell. All feces must be removed prior to accumulation upon the property. Feces must be removed prior to the occurrence of offensive odors or fly and/or rodent infestation. Feces must be removed by placing them in a plastic bag for deposit in appropriate garbage container. It is unlawful to deposit feces in manner which may create a health hazard.

(j) Any kennels built or operated at the permitted location or on the grounds of the rescue group shall be subject to the requirements of Article 4 of this chapter (Kennels).

(k) No dead animals shall be buried on the premises.

(l) Rescue permits shall not be issued to any person who has been convicted of animal cruelty or neglect.

(1179-CS, Added, 03/14/2013)

Article 2. Running at Large Generally

6-1-201 Prohibited.

It shall be unlawful for any person to permit any horse, mule, ass, hog, goat, sheep, bull, ox, cow, cattle or rabbit, or any number of such animals, to run at large within the corporate limits of the City, or to be herded or picketed in any street or alley, either in the daytime or nighttime.

6-1-202 Impounding.

It shall be the duty of Animal Services and Control Officers to seize and impound any animal found running at large, herded, or picketed in violation of the provisions of TMC 6-1-201.

(1064-CS, Amended, 05/23/2006)

6-1-203 Notices of impounding: Animals valued at twenty-five dollars ($25.00) or more.

Whenever Animal Services and Control Officers shall have seized any animal that may in his or her judgment be of the value of twenty-five dollars ($25.00) or more, photographs and information regarding such animal shall be immediately posted on the City’s Internet website. Such notices shall contain a description of the animal impounded and state that if such animal is not claimed within ten (10) days and the costs and charges paid, the animal shall be sold at auction to the highest bidder.

(1064-CS, Amended, 05/23/2006)

6-1-204 Notices of impounding: Animals valued at less than twenty-five dollars ($25.00).

Animal Services and Control Officers, immediately after seizing and impounding any animal which in his or her judgment is not of the value of twenty-five dollars ($25.00), shall immediately post photographs and information regarding such animal on the City’s Internet website. Such notices shall contain a description of the animal impounded and a statement that if such animal is not claimed within five (5) days and the costs and charges paid, the animal shall be sold at auction to the highest bidder.

(1064-CS, Amended, 05/23/2006)

6-1-205 Sales of impounded animals upon failure to redeem after notice.

Should no person claim any impounded animal and pay all the costs and charges therefor, the animal shall be sold at public auction and the proceeds of such sale shall be retained by Animal Services and Control.

(1064-CS, Amended, 05/23/2006)

6-1-206 Repealed.

(1064-CS, Repealed, 05/23/2006)

6-1-207 Repealed.

(1064-CS, Repealed, 05/23/2006)

6-1-208 Repealed.

(1064-CS, Repealed, 05/23/2006)

6-1-209 Repealed.

(1064-CS, Repealed, 05/23/2006)

6-1-210 Records to be kept.

Animal Services and Control Officers shall keep records of all animals impounded and discharged, including a description of the animal and location of impoundment, whether the animal was redeemed by owner or adopted and by whom. Such records shall be kept for a minimum of five (5) years and are subject to public inspection during regular office hours.

(1064-CS, Amended, 05/23/2006)

6-1-211 Monthly reports: Information to be shown.

On or before the tenth (10th) of every month, an Animal Services and Control Officer shall make a written report to the Police Chief stating the disposition of all animals impounded, calls handled by personnel, and monies collected for licenses sold.

(1064-CS, Amended, 05/23/2006)

6-1-212 Destruction of animals because of age, disease, or other reasons.

After completing any mandated time requirements for holding an animal in impound, it shall be the duty of Animal Services and Control staff to euthanize any animal lawfully impounded which, by reason of age, disease, injury, or other cause, is unfit for further use or is dangerous to keep impounded.

(1064-CS, Amended, 05/23/2006)

6-1-213 Disturbing the peace.

It shall be unlawful for any person owning, possessing, controlling, harboring, or keeping any dog, cat, or other animal or fowl to permit such dog, cat, or other animal or fowl to disturb the peace and quiet of any citizen of the City. The term “any citizen” shall mean and include a prudent or reasonable individual, of ordinary sensibility, exercising reasonable care under the totality of the circumstances whose peace is disturbed by such animal(s).

(a) When one (1) citizen complaint of a noise disturbance is received, Animal Services and Control Officers will establish that the animal is properly licensed with the City of Turlock, if applicable, and advise the owner to quiet the animal or remove it from the City limits and/or issue such owner a citation for noise disturbance pursuant to TMC 5-28-110(e).

(b) When the second complaint is received from a citizen, officers will establish that the complaining parties live in separate residences and that both are willing to participate in the owner’s prosecution. Then Animal Services and Control Officers shall prepare and forward a nuisance report to the City Attorney for review.

(1064-CS, Amended, 05/23/2006; 814-CS, Amended, 07/08/1993)

Article 3. Dogs

6-1-301 Licenses required.

(a) Rabies vaccination required. It shall be unlawful for any person to own, control, harbor, keep or possess any dog that has not been vaccinated within thirty (30) days of becoming four (4) months of age with canine rabies vaccine by a licensed veterinarian.

(b) License required. Every person who owns, controls, harbors, possesses, or keeps any dog over the age of four (4) months within the City shall procure a license from Animal Services for such dog. Thereafter during the year, within thirty (30) days after a dog over the age of four (4) months is acquired or brought into the City, or within thirty (30) days after a dog reaches the age of four (4) months, its owner shall procure a license for such dog and shall be required to pay the fees required of such owner pursuant to the provisions of this article.

(c) Multi-year option. The license provided for herein may be issued for a period not to exceed three (3) years for a dog that has attained the age of twelve (12) months, or older, and who has been vaccinated against rabies. The person to whom the license is to be issued may choose a license period of up to one (1), two (2), or three (3) years. However, when issuing a license pursuant to this subsection, the license period shall not extend beyond the remaining period of validity for the current rabies vaccination.

(d) Discount fee. Any person who selects a license period of two (2) or three (3) years for a dog over the age of twelve (12) months, as provided for in subsection (c) of this section, shall receive a discounted rate in an amount set by resolution as amended from time to time.

(e) Relocation. Any person who relocates (i.e., moves) into the City of Turlock with a dog over the age of four (4) months and with a current license and vaccination from another jurisdiction shall be allowed to procure a City of Turlock dog license within the first thirty (30) days at no charge. The expiration date of such new license will correspond with the expiration date of the previously issued license.

(f) Service dogs. Assistance or service dogs are issued a specifically designed identifying tag in accordance with the California Food and Agricultural Code Section 30850, et seq. Owners of these dogs must comply with all State and local license requirements. Service tags shall be issued without charge.

(1001-CS, Amended, 01/14/2003; 821-CS, Amended, 06/22/1993)

6-1-302 Payment of fees and certificates of vaccination prerequisite to issuance of licenses.

(a) Payment of fees and proof of vaccination. Before issuing any dog license provided for in this article, and as a condition thereof, Animal Services shall require the person applying for such license to:

(1) Pay the fee authorized by TMC 6-1-301 in an amount set by resolution; and

(2) Present a current, valid certificate signed by a veterinarian, duly licensed under the laws of the State, showing that the dog for which such license is applied for has been vaccinated by such veterinarian against rabies within the time period specified below.

When injected at four (4) months of age or older with an approved canine rabies vaccine and revaccinated in accordance with the following conditions:

(i) Primary immunization shall be defined as the initial inoculation of an approved canine rabies vaccine administered to young dogs between the ages of four (4) to twelve (12) months.

(ii) The minimum age for which rabies immunization of dogs shall be accepted for purposes of dog owner compliance with requirements for rabies vaccination and for purposes of issuance of dog licenses is four (4) months.

(iii) Dogs shall be revaccinated one (1) year (twelve (12) months) after the primary immunization with an approved type of rabies vaccine. Dogs receiving vaccination after primary immunization or any dog receiving its initial rabies vaccination over twelve (12) months of age shall be revaccinated thereafter at least once every three (3) years (thirty-six (36) months) with an approved type of rabies vaccine.

(b) Notice of renewal. Animal Services shall cause a notice of renewal to be sent to any person who has a licensed dog thirty (30) days before the expiration date. A late fee, as set by resolution and amended from time to time, will be charged if the license fee is not paid on or before the date of expiration.

(1064-CS, Amended, 05/23/2006; 1001-CS, Amended, 01/14/2003; 821-CS, Amended, 06/22/1993)

6-1-303 Issuance of tags: To be attached to collars.

(a) Upon the receipt of the license fee and the certificate of vaccination, Animal Services and Control staff shall deliver to the person applying for a dog license a tag for the dog, together with a seal or device impressed thereon, which the owner shall attach to a collar or other device and which shall be worn by such dog at all times.

(b) Any person requiring a replacement tag for a dog shall pay a replacement fee in an amount set by resolution, which amount may be amended from time to time.

(c) It shall be unlawful for any person to attach to a collar or other device to be worn by a dog any license which was not obtained for such dog.

(d) It shall be unlawful for any person to possess or have the care, custody, or control of any dog which is wearing a license issued for another dog.

(1064-CS, Amended, 05/23/2006; 821-CS, Amended, 06/22/1993)

6-1-304 Records of licenses to be kept: Information to be shown.

Animal Services and Control staff shall keep a record of the issuance of every license issued pursuant to the provisions of this article, showing the name of the owner, possessor, or harborer of such dog, a description of the dog, and the number or device of the license tag issued therefor.

(1064-CS, Amended, 05/23/2006)

6-1-305 Unlicensed dogs to be impounded: Exceptions.

It shall be the duty of Animal Services and Control Officers to seize and impound any dog owned, possessed, or harbored within the corporate limits of the City on which a license shall not have been paid, wherever such dog may be kept, possessed, or harbored; provided, however, the provisions of this section shall not apply to dogs passing through the City or not remaining therein for a period of more than thirty (30) days.

(1064-CS, Amended, 05/23/2006)

6-1-306 Dogs unaltered or in season.

(a) It shall be unlawful for any person owning or having the possession of any female dog in season to permit the same to run at large or to run loose on or within the premises of such person and to enter any designated dog park within the City.

(b) It shall be unlawful for any person owning or having the possession of any unaltered male dog to allow such dog to enter any designated dog park within the City.

(c) “Running loose” is defined, for the purposes of this section, as being outside of a house, closed garage or other closed building, whether tied or not.

(1123-CS, Amended, 08/27/09; 1064-CS, Amended, 05/23/2006)

6-1-307 Dogs running at large: Leash requirements.

No person owning any dog or having the care, custody, control, or possession of any dog shall suffer, allow, or permit such dog to run, be, or remain at large on any public street, road, alley, park, square, or other public place, or upon any private property other than the property of the owner or custodian of such dog without the consent of the owner of such property, within the corporate limits of the City, and all dogs may be deemed running at large within the meaning of this section unless tied, restrained by chain, strap, or cord eight (8') feet or less in length, attached to their collars and actually held by some responsible person. Any dog found running at large on any public street, road, alley, park, square, or other public place, or upon any private property other than the property of the owner or custodian of such dog without the consent of the owner of such property within the corporate limits of the City shall be subject to seizure and impounding in the Animal Shelter.

(1070-CS, Amended, 11/09/2006; 1064-CS, Amended, 05/23/2006)

6-1-307.5 Dogs running at large: Nuisances.

(a) Any dog which habitually runs at large is hereby declared a nuisance. A dog shall be deemed to habitually run at large when any person owning such dog or having the care, custody, control, or possession of such dog has three (3) total written notices or citations that such dog is or has been at large.

It shall be unlawful for any person to own or have the care, custody, control, or possession of any dog which constitutes a nuisance.

(b) If an Animal Services and Control Officer certifies that there is probable cause that a dog is a public nuisance as defined above, a risk to public safety and found to be running at large or improperly secured to a location other than the owner’s residence or business, the dog will be impounded and held at the Animal Shelter pending a nuisance dog hearing pursuant to this Code.

(1064-CS, Amended, 05/23/2006)

6-1-308 Impounding of dogs running at large.

It shall be the duty of Animal Services and Control Officers to seize and impound in the Animal Shelter all dogs found running at large upon any public street, road, alley, park, square, or other public place, or upon any private property other than the property of the owner or custodian of such dog without the consent of the owner of such property, within the corporate limits of the City.

(1064-CS, Amended, 05/23/2006)

6-1-309 Impounding of dogs injuring persons or property: Complaints.

Every dog which has injured any person, other than a trespasser or the person owning or having the possession of such dog, and every dog which has damaged the property of any person other than the person owning or having the possession of such dog, shall be taken by Animal Services and Control Officers and impounded in the Animal Shelter. Before any dog may be picked up and impounded for a violation of the provisions of this section which has been committed outside of the presence of Animal Services and Control Officers or peace officers, the person complaining against such violation shall be required to file a written complaint setting forth the details with respect to the injury or damage asserted to have been committed and identifying the dog which has committed the same. In the event the facts and circumstances of any case warrant, in the opinion of the Police Chief, an arrest of the person owning or having possession of such dog, then the person complaining may also be required to sign a complaint to cause the arrest.

(1064-CS, Amended, 05/23/2006)

6-1-310 Vicious or dangerous dogs.

It shall be unlawful for any person who owns, controls, harbors, keeps, or possesses any dog or other animal known by such person, or which ought reasonably to be known by such person, to be vicious or dangerous, to permit the same to run at large, or to permit the same to run loose on or within the premises of such person or any other person, or be on the premises of such person or any other person in such a manner as to endanger the life or limb of any person lawfully entering such premises or on public property. Such vicious or dangerous dogs shall not be permitted to enter into or remain in a City of Turlock dog park unless fitted with a muzzle to be worn at all times while in the dog park. Vicious or dangerous dogs shall be affixed to a leash not exceeding eight (8') feet in length and held in the custody and control of an adult at all times while in the dog park. A dog is hereby declared to be vicious within the meaning of this section when such dog shall have bitten any one (1) or more persons or animals or when a propensity to attack or bite human beings or other animals shall exist and is known, or ought reasonably to be known, to the owner or person in possession of such dog. It shall be the duty of Animal Services and Control Officers or peace officers to seize and impound any vicious dog which is found off the premises of its owner or other person in control thereof. The owner of any dog that demonstrates aggressive behavior toward humans or animals will be required to remove said dog immediately from the dog park until such time as said dog is able to exhibit appropriate and safe behavior.

(1123-CS, Amended, 08/27/09; 1064-CS, Amended, 05/23/2006)

6-1-311 Right of entry into yards.

Upon the presentation of proper credentials, the Health Officer, Animal Services and Control Officers, or any police officer may enter at reasonable times upon the yards of private property, but not into private buildings, when reasonably necessary to do so in order to enforce the provisions of this article.

(1064-CS, Amended, 05/23/2006)

6-1-312 Procedure when dogs or cats bite persons.

In the event any dog or cat which has bitten a person is impounded, the Animal Shelter shall impound and keep such animal safely segregated during a period of at least ten (10) days for observation by Animal Shelter staff, pursuant to California Code of Regulations Title 17, Section 2606, for rabies. Following such period of observation, if it shall be found that the animal does not have rabies, and if it is licensed, if applicable, and otherwise eligible to be released, it shall be returned to the owner. Owners of dogs or cats shall pay shelter or home quarantine fees, the cost for board and care, the cost of microchip insertion, rabies deposit, and license fee, if applicable. If the dog or cat is found to have rabies, it shall immediately be destroyed by the Animal Shelter and transported to the local health department.

(1064-CS, Amended, 05/23/2006; 978-CS, Amended, 04/25/2002)

6-1-313 Care of impounded dogs: Redemption within seventy-two (72) hours.

The Animal Shelter shall keep every impounded dog or cat supplied with food and water and confined for a period established by California Food and Agricultural Code Section 31108, unless the owner shall sooner redeem it by procuring the required dog license, paying the Animal Shelter the required State and City impound fees, and deposit for rabies vaccination.

(978-CS, Amended, 04/25/2002)

6-1-314 Notices of impounding.

The Animal Shelter, immediately after any dog or cat is impounded in accordance with the provisions of this article, shall post notice thereof at the City’s Internet website. Such notice shall bear the date of impoundment, contain a general description of the animal, location and disposition. The Animal Shelter staff shall notify the owner of the animal, if such owner’s name can be reasonably ascertained. Owners will be given six (6) business days (not including the day of impoundment) from mailing of such notice to reclaim the animal; thereafter, the animal will become the property of the City of Turlock.

(1064-CS, Amended, 05/23/2006; 978-CS, Amended, 04/25/2002)

6-1-315 Sales of unredeemed dogs: Destruction of dogs not sold.

Any dog or cat not redeemed within the period established by California Food and Agricultural Code Section 31108 can be adopted, rescued, or euthanized at the discretion of Animal Shelter staff. If a dog or cat is deemed adoptable, new owners will be required to pay for City of Turlock administrative fees, spay/neuter costs, license fee, microchip fee, and rabies deposit, if applicable. Any dog or cat not adopted or rescued for any reason shall be humanely euthanized and disposed of.

(1064-CS, Amended, 05/23/2006; 978-CS, Amended, 04/25/2002)

6-1-316 Vicious dogs and nuisance dogs.

Within the City there are vicious dogs and nuisance dogs, as defined in this Code, which constitute a public nuisance which should be abated. The provisions of this section provide an administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This section is intended to supplement, rather than supplant, any other remedy available either under State laws or this Code.

(a) Vicious dog defined. Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior is presumed vicious:

(1) An attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting himself peacefully and lawfully;

(2) An attack which results in property damage or in an injury to a person when such person is conducting himself peacefully and lawfully;

(3) An attack on another animal, livestock, or poultry which occurs on property other than that of the owner of the attacking dog; or

(4) Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself peacefully and lawfully.

For the purposes of this section, a person is conducting himself peacefully and lawfully upon the private property of an owner or possessor of the dog when he is on such property in the performance of any duty imposed on such person by State or local laws, or by the laws of postal regulations of the United States, or when he is on such property upon invitation, either expressed or implied.

(b) Nuisance dog defined. Any dog which habitually runs at large is hereby declared a nuisance. A dog shall be deemed to habitually run at large when any person owning such dog or having the care, custody, control, or possession of such dog has three (3) total written notices or citations that such dog is or has been at large.

(c) Investigations. Any incident reported to the Police Department concerning a vicious dog or nuisance dog may be investigated by the Police Chief or his designee. The investigation may consist of reports of officers made at the time of the incident or follow-up reports. If, based on the investigation, the Police Chief concludes that there is probable cause to believe that the dog is vicious or a public nuisance, the Police Chief shall so certify in writing within ten (10) days following the completion of the investigation to the person owning or controlling the dog. Thereafter a hearing shall be held pursuant to subsections (e), (f), and (g) of this section.

(d) Confinement of dogs. If the Police Chief certifies that there is probable cause to believe that a dog is vicious or a nuisance and a risk to the public safety, the Police Chief may direct any animal control officer, police officer, or other authorized employee of the City to enter the yard of any private residence or business in order to seize any such dog, whether running at large or not, and confine such dog at an appropriate animal shelter pending the decision of the City Manager following the hearing provided for in subsections (e), (f), and (g) of this section. The cost of such confinement shall be paid by the person owning or controlling such dog. The dog shall not be released until such costs have been paid in full.

(e) Hearings: Scheduling: Notices. A hearing date shall be set not later than fifteen (15) days after the date that the City Clerk receives notice that the Police Chief has certified that there is probable cause to believe the dog is vicious or a nuisance, pursuant to subsection (a) or (b) of this section. The City Manager, or his or her designee, shall mail or otherwise deliver to the owner or person controlling the dog and other interested persons, including, but not necessarily limited to, all properties within three hundred feet (300') of the address of the owner or person controlling the dog, at least five (5) days prior to the date set for the hearing, a notice in substantially the following form:

Notice of Hearing Regarding Vicious/Nuisance Dog

To: (name) ; (address) :

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Section 6-1-316 of the Turlock Municipal Code, the Police Chief has certified that there is probable cause to believe a dog owned or controlled by you, a (breed) , is vicious/a public nuisance.

FURTHER NOTICE IS HEREBY GIVEN that on the day of , 20 , at the hour of o’clock, in the office of the City Manager, City Hall, 156 South Broadway, Turlock, California, the report of the Police Chief will be considered by the City Manager or an appointed hearing officer with such other oral and documentary evidence bearing upon the question of whether your dog is vicious/a public nuisance. You may appear and may present evidence at the hearing. You may also be represented by an attorney. If you fail to appear without giving notice to the City Manager, the matter may proceed in your absence, and such absence may be further considered a waiver of your right to present evidence and object to any decision made.

In the event your dog is found to be vicious/a public nuisance, it will be ordered to be controlled, confined, destroyed, restricted, or otherwise abated as a public nuisance, and any impoundment cost incurred shall be assessed against you.

A copy of this notice has been sent to property owners within 300 feet of your address.

Dated:

City Manager

(f) Hearings: Procedure. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is vicious/a public nuisance. Any owner who fails to appear after notice as provided in this section was given, without obtaining a continuance from the City Manager or an appointed hearing officer, may be deemed to have waived any right to introduce evidence or object to an order made by the City Manager. If the hearing is conducted by a hearing officer other than the City Manager, the hearing officer shall submit a report to the City Manager summarizing the evidence and making a recommendation as to disposition.

(g) Hearings: Findings: Public nuisances. If, based upon the hearing, and the report of the hearing officer, if any, the City Manager upholds the findings of the Police Chief that the dog is vicious/a public nuisance, the City Manager shall so specify in writing, together with the reasons therefor. Any dog found to be vicious/a public nuisance is hereby deemed a public nuisance and, pursuant to the order of the City Manager, shall be humanely destroyed, be removed from the City, or the nuisance otherwise abated by appropriate order of the City Manager, including, but not limited to, confinement, fencing, muzzling, or leashing. The decision of the City Manager shall be made within ten (10) days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail or personally served upon the person owning or controlling the dog.

(h) Costs of impoundment. If the City Manager finds the dog is vicious/a public nuisance, the costs of impoundment incurred by the City, including any abatement period, shall be paid by the owner or the person controlling the dog and shall become a lien against the real property upon which the dog was kept and maintained until such lien is paid. If the order includes the release of a dog found to be vicious/a public nuisance to the owner or person controlling it, the dog shall not be released until such costs have been paid in full. If such costs have not been paid within thirty (30) days after the date of the mailing or delivery of the order, the City Manager may dispose of the dog in any manner provided by law or return the dog and pursue alternative collection procedures. The total amount of the impoundment charges may be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes, liens, or assessments of the City, or an action may be brought in the name of the City to recover the costs of impoundment.

(i) Criminal sanctions. The first violation of any order issued pursuant to subsection (g) of this section shall constitute an infraction. The second and any further violations within twenty-four (24) months after the order shall be misdemeanors.

(1064-CS, Amended, 05/23/2006; 988-CS, Amended, 09/12/2002; 866-CS, Amended, 02/09/1995; 708-CS, Amended, 09/27/1990)

6-1-317 Vehicle confinement: Impoundment.

(a) It shall be unlawful to leave an animal, wild or domestic, in any unattended motorized vehicle without adequate ventilation to ensure the inside temperature of the vehicle does not exceed a point that may endanger the health or well-being of such animal due to heat, cold, lack of food or drink, or such other circumstance as may be reasonably expected to cause suffering, disability, or death.

(b) Animal Services and Control Officers or police officers may remove endangered animals and post a notice of removal bearing the disposition of the animal and charges for the cost of care and shelter on the vehicle from which the animal was removed.

(c) Animal Services and Control Officers or police officers may force entry to seize an endangered animal, and the owner takes sole responsibility for any damages incurred.

(1064-CS, Added, 05/23/2006)

6-1-318 Use of dog parks.

The City Council of the City of Turlock will, from time to time, designate secured areas within the City for walking, recreation, training, and socialization of dogs.

(a) It shall be unlawful to bring any dog to a dog park:

(1) That is not currently licensed, for which proof must be shown;

(2) That does not possess current vaccinations, for which proof must be shown;

(3) That has not been altered;

(4) That is less than four (4) months of age;

(5) That has been determined under TMC 6-1-316 to be a nuisance dog; or

(6) That has been determined under TMC 6-1-316 to be a vicious dog.

(b) It shall be unlawful for anyone to tamper with, alter, or in any way modify the drinking fountain at a dog park.

(c) No private parties, private training sessions, or any other private event shall take place in a dog park to the exclusion of full public use.

(1123-CS, Added, 08/27/09)

Article 4. Kennels

6-1-401 Kennels defined.

For the purposes of this article, “kennel” shall mean a place where four (4) or more dogs four (4) months or older are kept.

6-1-402 Kennel runs.

Kennel runs shall be of adequate size to provide ample exercise room for the dogs three feet (3') wide by nine feet (9') one inch (1") minimum size with no more than two (2) dogs of thirty (30) pounds or more confined in one run or a maximum of four (4) dogs of less than thirty (30) pounds per run.

6-1-403 Kennel runs: Protection from elements.

A portion of the run shall have an overhead cover (roof) to provide protection from the elements, and a portion of the side of the run shall provide a shield from the wind.

6-1-404 Kennel runs: Security and confinement of dogs.

The kennel shall be so constructed to provide maximum security and ensure confinement of the dogs. Each run shall have a portable section of wood two and one-half feet (2 1/2') by three feet (3') and shall be at least four inches (4") above the floor.

6-1-405 Kennel runs: Floors.

The floors of the runs shall be constructed of a nonabsorbent material, concrete or asphalt, that can be washed and sanitized. The floors shall also be slope position to provide drainage.

6-1-406 Feeding animals.

The animals shall be fed at least once daily and shall have fresh clean water constantly available in the runs. Opened dry dog food shall be stored in a sealed metal or plastic container.

6-1-407 Distemper and rabies vaccinations.

All dogs less than one (1) year old shall be inoculated against distemper, and all dogs over four (4) months of age shall be vaccinated against rabies.

6-1-408 Diseased animals.

No diseased animals shall be kept in a kennel except on approval of a veterinarian, and a separate area shall be provided to isolate diseased or sick animals.

6-1-409 Burial of dead animals.

No dead animals shall be buried on the premises.

6-1-410 Cleaning runs.

To minimize offensive odors, the run shall be cleaned at least once daily. The excrement (if no disposal to a septic system is available) shall be removed manually and placed in paper or plastic bags and disposed of along with other refuse which shall be picked up by a franchised hauler at least on a weekly basis.

6-1-411 Prevention of flies, fleas, and rodents.

The kennel operator shall take whatever steps are necessary to prevent fly breeding, fleas, and rodents.

6-1-412 Compliance with zoning provisions.

The applicant shall have approval from the Planning Department to ensure that the location of the kennel will not conflict with the zoning provisions of this Code.

6-1-413 Location of kennels on property.

The kennel shall be located as near the center of the property as practical to ensure the maximum distance from the neighbors.

6-1-414 Distance of kennels from dwellings and public roads.

The kennel shall be no closer than forty feet (40') from any dwelling and no closer than one hundred fifty feet (150') from any public road.

6-1-415 Annual inspections of kennels to determine compliance: Fees.

An annual inspection of the kennel shall be made by Animal Services and Control Officers to determine compliance with the standards set forth in this article and renewal of the license.

(1064-CS, Amended, 05/23/2006)

6-1-416 Health Department inspections.

The kennel shall be subject to periodic inspections by the Health Department.

6-1-417 License fees.

No person shall operate a kennel without first obtaining an annual license from Animal Services and Control as provided in this Code.

(1064-CS, Amended, 05/23/2006)

Article 5. Fees

6-1-501 Fees.

The Council shall, by resolution, fix the amount of the fees for the applications, permits, licenses, impounding fees, inspections, and other fees required or authorized by the provisions of this chapter.

(1064-CS, Amended, 05/23/2006)

Article 6. Penalties

6-1-601 Penalties and revocation: Breeder Certificate.

(a) The minimum penalty for violating TMC 6-1-114 shall be a fine of five hundred dollars ($500.00) and shall not be waived upon the transfer or abandonment of the animal. Any cat or dog owner found to be in violation of breeder certification provisions may correct the violation by obtaining the necessary Breeder Certificate(s) no later than thirty (30) days from the date of notification. This penalty shall be imposed in addition to any other applicable civil or criminal penalties.

(b) Any Breeder Certificate may be revoked if the owner is in violation of:

(1) Any of the provisions of this Code relating to the keeping, care, or use of any animal;

(2) Any State health or safety law or regulation regarding animal care or control; or

(3) Any condition or requirement to pay any fee imposed under this Code.

(1064-CS, Added, 05/23/2006)

Article 7. Retail Sale of Dogs and Cats

6-1-701 Findings.

The City Council of the City of Turlock hereby finds and declares that:

(a) Existing State and Federal laws regulate dog and cat breeders, as well as pet stores that sell dogs and cats. These include the Lockyer-Polanco-Farr Pet Protection Act (California Health and Safety Code Section 122125 et seq.); the Polanco-Lockyer Pet Breeder Warranty Act (California Health and Safety Code Section 122045 et seq.); the Pet Store Animal Care Act (California Health and Safety Code Section 122350 et seq.); and the Animal Welfare Act (“AWA”) (7 U.S.C. Section 2131 et seq.).

(b) The Lockyer-Polanco-Farr Pet Protection Act requires pet dealers (i.e., retail sellers of more than fifty (50) dogs or cats in the previous year, not including animal shelters and humane societies) to have a permit, maintain certain health and safety standards for their animals, sell only healthy animals, and provide written spay-neuter, health, animal history and other information and disclosures to pet buyers. If, after fifteen (15) days from purchase, a dog or cat becomes ill due to an illness that existed at the time of sale, or if within one (1) year after purchase a dog or cat has a congenital or hereditary condition that adversely affects the health of the dog or cat, an owner is offered a refund, another puppy or kitten, or reimbursement of veterinary bills up to one hundred and fifty (150%) percent of the purchase price of the puppy or kitten.

(c) The Pet Store Animal Care Act requires every pet store that sells live companion animals and fish to formulate a documented program consisting of routine care, preventative care, emergency care, disease control and prevention, veterinary treatment, and euthanasia.

(d) The Polanco-Lockyer Pet Breeder Warranty Act offers protection similar to that of the Lockyer-Polanco-Farr Pet Protection Act, except that it applies only to dog breeders who sold or gave away either three (3) litters or twenty (20) dogs in the previous year.

(e) The Animal Welfare Act requires, among other things, the licensing of certain breeders of dogs and cats. These breeders are required to maintain minimum health, safety and welfare standards for animals in their care. The AWA is enforced by the United States Department of Agriculture (“USDA”).

(f) According to the Humane Society of the United States, American consumers purchase dogs and cats from pet stores that the consumers believe to be healthy and genetically sound, but in reality, the animals often face an array of health problems including communicable diseases or genetic disorders that present immediately after sale or that do not surface until several years later, all of which lead to costly veterinary bills and distress to consumers.

(g) A review of state and USDA inspection reports from more than one hundred (100) breeders who sold animals to the nation’s largest retail pet store chain revealed that more than sixty (60%) percent of the inspections found serious violations of basic animal care standards, including sick or dead animals in their cages, lack of proper veterinary care, inadequate shelter from weather conditions, and dirty, unkempt cages that were too small.

(h) A 2005 undercover investigation of California pet stores revealed that nearly half of the pet shops visited displayed animals that showed visible signs of illness, injury, or neglect, and nearly half of the stores also sold animals showing clear symptoms of psychological distress.

(i) According to the Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities known as “puppy mills” or “kitten factories” that mass-produce animals for sale to the public, and many of these animals are sold at retail in pet stores. Because of the lack of proper animal husbandry practices at these facilities, animals born and raised there are more likely to have genetic disorders and lack adequate socialization, while breeding animals utilized there are subject to inhumane housing conditions and are indiscriminately disposed of when they reach the end of their profitable breeding cycle.

(j) According to USDA inspection reports, some additional documented problems found at puppy mills include:

(1) Sanitation problems leading to infectious disease;

(2) Large numbers of animals overcrowded in cages;

(3) Lack of proper veterinary care of severe illnesses and injuries;

(4) Lack of protection from harsh weather conditions; and

(5) Lack of adequate food and water.

(k) The homeless pet problem notwithstanding, there are many reputable dog and cat breeders who refuse to sell through pet stores and who work carefully to screen families and ensure good, lifelong matches.

(l) Responsible dog and cat breeders do not sell their animals to pet stores. The United Kennel Club (UKC), the second oldest all-breed registry of purebred dog pedigrees in the United States and the second largest in the world, asks all of its member breeders to agree to a code of ethics which includes a pledge not to sell their puppies to pet stores. Similar pledges are included in codes of ethics for many breed clubs for individual breeds.

(m) Across the country, thousands of independent pet stores as well as large chains gain profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats. Many of these stores collaborate with local animal sheltering and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises.

(n) While the City Council recognizes that not all dogs and cats retailed in pet stores are products of inhumane breeding conditions and would not classify every commercial breeder selling dogs or cats to pet stores as a “puppy mill” or “kitten factory,” it is the City Council’s belief that puppy mills and kitten factories continue to exist in part because of public demand and the sale of dogs and cats in pet stores.

(o) The City Council finds that the current state of retail sale of dogs and cats in pet stores in the City of Turlock is inconsistent with the City’s goal to be a community that cares about animal welfare.

(p) The City Council believes that eliminating the retail sale of dogs and cats in pet stores in the City will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the City.

(q) The City Council believes that elimination of the retail sale of dogs and cats in pet stores in the City will also encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals’ lives and reducing the cost to the public of sheltering animals.

(1148-CS, Amended, 02/24/2011; 1141-CS, Added, 06/08/2010)

6-1-702 Definitions.

For purposes of this chapter, the following definitions shall apply.

(a) “Animal shelter” shall mean a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals.

(b) “Cat” shall mean an animal of the Felidae family of the order Carnivora.

(c) “Certificate of source” shall mean a document declaring the source of the dog or cat sold or transferred by the pet store. The certificate shall include the name and address of the source of the dog or cat.

(d) “Dog” shall mean an animal of the Canidae family of the order Carnivora.

(e) “Existing pet store” shall mean any pet store or pet store operator that displayed, sold, delivered, offered for sale, offered for adoption, bartered, auctioned, gave away or otherwise transferred cats or dogs in the City of Turlock on the effective date of the ordinance codified in this chapter, and complied with all applicable provisions of the Turlock Municipal Code.

(f) “Pet store” shall mean a retail establishment open to the public and engaging in the business of offering for sale and/or selling animals at retail.

(g) “Pet store operator” shall mean a person who owns or operates a pet store, or both.

(h) “Retail sale” shall mean the display, offer for sale, offer for adoption, barter, auction, give-away, or other transfer of any cat or dog.

(1141-CS, Added, 06/08/2010)

6-1-703 Prohibition.

No pet store shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the City of Turlock on or after the effective date of the ordinance codified in this chapter.

(1148-CS, Amended, 02/24/2011; 1141-CS, Added, 06/08/2010)

6-1-704 Existing pet stores.

An existing pet store may continue to display, offer for sale, offer for adoption, barter, auction, give away, or otherwise transfer cats and dogs. Should an existing pet store be sold, bequeathed, or ownership otherwise transferred, the pet store will no longer be considered an “existing pet store” and will not be entitled to continue to display, offer for sale, offer for adoption, barter, auction, give away, or otherwise transfer cats and dogs.

(1141-CS, Added, 06/08/2010)

6-1-705 Exemptions.

This article does not apply to:

(a) A person or establishment that sells, delivers, offers for sale, barters, auctions, gives away or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment;

(b) A publicly operated animal control facility or animal shelter;

(d) A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store.

(1235-CS, Amended, 09/12/2017; 1141-CS, Added, 06/08/2010)

6-1-706 Adoption of shelter and rescue animals.

Nothing in this chapter shall prevent a pet store or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet store for the purpose of adopting those animals to the public.

(1141-CS, Added, 06/08/2010)