(a) Offenses.
(1) A person commits an offense if the person owns, keeps, harbors or has custody of any dog or cat over six months of age that is intact unless such dog or cat is subject to a valid intact pet permit issued in accordance with this section.
(2) A person commits an offense if the person owns, harbors or has custody of an intact dog or cat at the residence or business property of an individual who has had an intact pet permit revoked under subsection (e) below, regardless of whether another person at the same property owns a dog or cat subject to a valid permit.
(3) A person commits an offense if the person advertises for sale within the city an unaltered dog or cat over six months of age and fails to include in such advertisement the identification number of the dog or cat's city-issued intact pet permit.
(b) Application.
(1) An application for an intact pet permit must be made on the form prescribed by the director and shall include the following information:
a. The name, telephone number and physical address of the applicant;
b. The description of the animal sought to be included under the permit and the species, breed, gender and age of the animal;
c. A statement from a licensed veterinarian that the animal is current on all veterinary recommendations, including examinations, vaccinations, preventative medicine, and treatments; and
d. A statement affirming that the applicant is familiar with the provisions of this chapter and agrees to maintain all animals in accordance with applicable legal requirements.
(2) a. An application must be accompanied by either:
1. Payment of an application fee in the amount adopted annually by the city council; or
2. Documentation evidencing that the applicant has completed a responsible-pet-owner class approved by the director.
b. This application fee shall be in addition to all other applicable permits and registration fees required under this chapter. An application fee is not refundable.
(3) An application must be accompanied by photographic evidence, in digital or printed form, showing the enclosure or enclosures where the unaltered animals are to be kept.
(4) The animal care and control authority may require additional information and documentation as deemed necessary to determine whether a permit should be issued.
(c) Consideration of application.
(1) An application for permit may be denied if the applicant:
a. Fails or refuses to submit a complete application;
b. Fails or refuses to submit any information or supporting documentation required under this section or pursuant to a request of the animal care and control authority;
c. Fails or refuses to submit the fee or documentation required under subsection (b)(2) above;
d. Provides false information on or in connection with the application;
e. Has, within the preceding 24 months, been convicted of, received deferred adjudication or pleaded guilty or no contest to one or more violations of this chapter, of any state law relating to the care and humane treatment of animals, or both;
f. Has, within the preceding 24 months failed to appear in court to respond to a citation relating to an alleged violation of any provision of this chapter or of any state law relating to the care and humane treatment of animals;
g. Has, within the preceding 60 months, been convicted of, received deferred adjudication or pleaded guilty or no contest to one or more violations of any provision of this chapter or of any state law relating to animal cruelty;
h. Has previously had a permit revoked pursuant to subsection (e) below; or
i. Resides at the same physical address as another individual whose permit has been revoked pursuant to subsection (e) below.
(2) Notwithstanding subsection (c)(1) above, an application for permit may also be denied if specific circumstances exist indicating that the issuance of the permit would not be in the best interest of the animals involved or of the health and safety of the public. If a permit is denied pursuant to this subsection (c), the animal care and control authority shall issue a written statement citing the specific reason or reasons for the denial.
(3) If an application for permit is denied, the applicant may appeal to the director. Such appeal must be made in writing and received within 30 days of the date the application was originally rejected. The decision of the director shall be final and non-appealable.
(d) Issuance and maintenance of permit.
(1) A permit is issued for an individual animal to an individual person. A permit is not transferable to another animal or to another person.
(2) A permit is valid unless and until it is revoked.
(3) To maintain an intact pet permit, the permit holder must keep the animal care and control authority apprised of current contact information for holder and identifying and registration information for each animal subject to an intact pet permit. In particular, a permit holder must notify the animal care and control authority of any change of address or telephone number no later 90 days after the new address or phone number is effective. In addition, within 90 days of obtaining an intact animal not subject to an intact pet permit, the permit holder must provide the animal control division with the species, breed, gender, and age of such animal.
(e) Revocation of permit.
(1) The animal care and control authority may revoke a permit if the owner of the animal issued an intact pet permit:
a. Is convicted, receives deferred adjudication or pleads guilty or no contest with respect to one or more violations of this chapter, of any state law relating to the care and humane treatment of animals, or both;
b. Fails to appear in court to respond to a citation relating to an alleged violation of any provision of this chapter or of any state law relating to the care and humane treatment of animals;
c. Is convicted, receives deferred adjudication or pleads guilty or no contest with respect to any violation of any provision of this chapter or of any state law relating to animal cruelty;
d. Is discovered to have provided false or inaccurate information on or in connection with an application for an intact pet permit;
e. Fails to vaccinate any animal in accordance with the requirements of state law or this chapter;
f. Fails to comply with the requirements of subsection (d)(3) above; or
g. Fails to provide a current statement described in (b)(1)c. above within 30 days of when requested by the animal care and control authority.
(2) a. If a permit is revoked by the animal care and control authority, the applicant may appeal to the director. Such appeal must be made in writing and received within 30 days of the date the application was originally revoked.
b. The director may:
1. Reinstate the permit pursuant to its original terms;
2. Reinstate the permit subject to the holder meeting additional specified conditions; or
3. Affirm the revocation of the permit.
c. The decision of the director shall be final and non-appealable.
d. Revocation of a permit will not result in the refund of any permit or application fee.
(f) Defenses.
(1) It is a defense to a prosecution under subsection (a)(1) or (a)(2) above if an owner produces a signed, written opinion from a licensed veterinarian that the animal in question should not be spayed or neutered due to health concerns.
(2) It is a defense to a prosecution under subsection (a)(1) or (a)(2) above that the animal was owned, kept or harbored by, or in the custody of, an animal establishment or releasing agency, was kept under restraint on the premises of the animal establishment or releasing agency, and was being offered for sale or adoption.
(3) It is a defense to prosecution under subsection (a)(1) or (a)(2) above that the person who owned the animal was not a permanent resident of the city and was keeping the animal within the city for less than 60 days.
(4) It is a defense to prosecution under subsection (a)(1) or (a)(2) above that, at the time of the offense, the person was in compliance with a valid spay neuter contract.
(5) It is a defense to prosecution under subsection (a)(1) or (a)(2) above that, at the time of the offense, the person was using the animal in a research program at an institution of higher education that is accredited by the American Association for the Accreditation of Laboratory Animal Care.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)