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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 (California Health and Safety Code Section 122125 et seq.) requires pet dealers (i.e., retail sellers of more than fifty (50) dogs or cats in the previous year; not including publicly operated 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 percent of the purchase price of the puppy or kitten.
C. The Pet Store Animal Care Act (California Health and Safety Code Section 122350 et seq.) 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 (California Health and Safety Code Section 122045 et seq.) 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 ("AWA") (7 U.S.C. Section 2131 et seq.) 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. The purpose of this chapter is to regulate pet shops and kennels (as defined herein) and provide clear guidelines on the standard of care required within the city to adequately protect the health, safety, and public welfare of the community when purchasing animals from a pet shop and/or kennel.
(Ord. 2574 §1)
As used in this chapter, the following words and phrases have the meanings set forth in this section, unless the context in which any such word or phrase is used clearly requires another meaning:
A. "ANIMAL" means any nonhuman vertebrate species housed, offered for sale or adoption, or both, in the pet store, including, but not limited to, mammals, birds, reptiles, amphibians, fish, and also invertebrates housed, sold, or adopted as pets.
B. "ANIMAL RESCUE GROUP" or "HUMANE SOCIETY" mean any not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, whose mission and practice is, in whole or significant part, the rescue and placement of animals into permanent homes, and that meets the following requirements:
(i) Does not breed animals.
(ii) Does not obtain animals in exchange for payment or compensation from any person that breeds or brokers animals.
C. "ANIMAL SERVICES" means the City of Chico Animal Services division under the Chico Police Department, which includes Chico Animal Control and the Chico Animal Shelter.
D. "ANIMAL SERVICES MANAGER" or "MANAGER" means the head of Animal Services or his/her authorized designee.
E. "ANIMAL SHELTER" means any facility operated by or under contract with any governmental entity for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, rabbits, or other animals.
F. "CAT" means a Felis domesticus of either sex, altered or unaltered.
G. "DOG" means a Canis familiaris of either sex, altered or unaltered; or any other member of the Canis genus if owned, kept, or harbored.
H. "EXISTING PET STORE" means 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 Chico on the effective date of this chapter, and complied with all applicable provisions of the Chico Municipal Code
I. "HOBBY KENNEL" means the owning or breeding of up to five (5) dogs, four (4) months of age or older primarily for personal use. Such use may include, but shall not be limited to: household pets; the participation in recognized on formation shows; field and obedience trials; racking; scenting; specialized hunting or working trials, and water trials; service training; for the purposes of improving the physical soundness, temperament, and conformation of a given breed to a standard; or for rescue/foster purposes. Hobby kennels are limited to breeding and selling no more than two litters per 12 month period regardless of the number of dogs and/or cats owned or providing no more than five instances of the performance of services to animal owners within a 12-month period. Dogs used in herding livestock incidental to a permitted agricultural use are excluded.
J. "KENNEL" means any lot or adjacent lot(s), or any building(s), structure(s), enclosure(s) or premises on the same or adjacent lot(s), wherein a total of four (4) or more dogs, four (4) months of age or over, are kept or maintained for any purpose by a person including, but not limited to, any agency organized or operated for the welfare of animals, and where animals are kept to be bred, shown, sold, purchased, boarded, trained, with the exception of pet shop. The term "kennel" shall not include a public animal control agency or shelter operated or established by the city or a veterinary hospital operated by a veterinarian licensed by the State of California or a hobby kennel as defined herein.
K. "KENNEL OPERATOR" means any person who owns, controls, or operates a kennel or any person who is responsible for or who participates in the control or operation of a kennel.
L. "PERSON" means an individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity.
M. "PET SHOP" or "PET STORE" means any retail or commercial establishment, facility, store or department of any store, or any place of business open to the public where animals, including but not limited to dogs, cats, rabbits, birds, reptiles, rodents or any other animals are kept and offered for adoption, sale, for hire, or offered for use as pets or animals intended as food for other animals irrespective of the age of the animal; provided that the facility operates pursuant to a pet shop permit issued by Animal Services or any other city department vested with such authority, and is not used for the breeding of dogs, cats or rabbits or the commercial boarding of animals. "Pet shop" or "pet store" does not include a retail establishment open to the public and selling or offering for sale animals to agricultural operations for purposes that are directly related to the raising of livestock or poultry on a farm or ranch. A person who sells, exchanges, or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction, shall be considered a breeder and not a pet store pursuant to Health & Safety §§ 122350 et seq.
N. "PET STORE OPERATOR" means a person who owns or operates a pet store, or both.
O. "PRIMARY ENCLOSURES" means an area of confinement such as a cage, run, kennel, stall, or pen, where an animal eats, sleeps, and spends more than four (4) hours per day.
P. "TEMPORARY ENCLOSURES" means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet's waste product, used to house an animal when it is not in its primary enclosure for a period not to exceed four (4) consecutive hours.
(Ord. 2574 §1)
Any person, firm, or corporation proposing to operate a pet shop or kennel shall first apply to Animal Services for a permit for such activity. A pet shop or kennel permit shall be granted only after Animal Services or designee has determined:
A. The pet shop or kennel meets the standards set forth in California Health and Safety Codes §§ 122350 et seq., is not in violation of Penal Code § 597, and meets the requirements set forth in § 7.24.110 ("Standard of Care Guidelines in Maintaining Pet Shop and Kennel") under this chapter;
B. The location of the pet shop or kennel is a permitted use under applicable city zoning laws and regulations, or the required zoning permits have been obtained, including, but not limited to, a variance and/or a conditional use permit; and
C. Has paid and/or is up to date with the current year's pet shop permit fee. The permit fee for a pet store shall be purchased annually and shall be due on January 2nd of each year.
(Ord. 2574 §1)
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