(a) General requirements.
(1) Dog breeding license. A dog breeding license is an animal facility license issued to a person who breeds dogs commercially. A person applying for a dog breeding license must comply with all licensing requirements set forth in this chapter, all other applicable ordinances, and all federal and state laws, including, but not limited to, Health and Safety Code Section 122045, et seq. Approval from the code enforcement officer may be required. The size category of the dog to be bred (Adult size: 1-20 lbs.; 21-50 lbs.; 51-100 lbs.; and 101+ lbs.) and the number of dogs to be housed at the facility will be stated on the license. A change in the size category of dogs bred requires re-inspection and a new license application.
(2) Each license shall authorize the whelping of no more than one (1) litter per female dog in any twelve (12)-month period and no more than one litter per domestic household in any twelve (12)-month period.
(3) Breeding facilities housing fifty (50) or fewer sexually intact dogs over the age of one year. An animal facility may not have more than a total of fifty (50) sexually intact dogs over the age of one (1) year, unless it meets the requirements of Subsection (a)(3) below. An animal facility having 50 or fewer dogs must have adequate staffing on the premises of the animal facility to attend to the dogs at least eight hours in every twenty-four (24)-hour period, so long as the dogs are not left unattended for longer than twelve (12) continuous hours. Whenever the dogs are left unattended, the name, address, and telephone number of the responsible person, must be posted in a conspicuous place at the front of the property.
(4) Breeding facilities housing fifty-one (51) or more sexually intact dogs over the age of one year. The code enforcement officer may approve an application for fifty-one (51) or more dogs if the applicant complies with the following additional requirements:
(A) Facilities with fifty-one (51) or more sexually intact dogs over the age of one year will be re-inspected more frequently. The number of re-inspections per year is determined by the number of dogs housed in the facility:
i. Fifty-one (51) to seventy-five (75) dogs: one (1) annual re-inspection;
ii. Seventy-six (76) to one-hundred (100) dogs: two (2) annual re-inspections;
iii. One hundred and one (101) through one hundred and twenty-five (125) dogs: three (3) annual re-inspections;
iv. One hundred and twenty-six (126) through one hundred and fifty (150) dogs: four (4) annual re-inspections;
v. One-hundred and fifty-one (151) dogs or more: five (5) annual re-inspections.
(B) The animal facility demonstrates that it is able to house and care for the number of dogs in compliance with the requirements of this section and all applicable requirements of Chapter 3.36;
(3) The animal facility provides a written medical program, approved by a California licensed veterinarian, to prevent and control illness and parasitism. The program must include a regular de-worming schedule and a regular vaccination schedule against commonly transmitted canine diseases, and must be updated annually;
(4) The animal facility maintains records on site, demonstrating that an annual veterinary examination has been performed on each intact male or female dog over one year of age. The record of each exam must reflect that a physical exam consisting of auscultation and palpation, and a visual evaluation of the dog including eyes, ears, mouth and general body condition was performed. The record of each exam must also include the weight, temperature, heart rate, respiration, any significant medical findings relating to the dog's condition, and any recommendations for treatment;
(5) The animal facility obtains approval from the Code Enforcement Officer of an emergency response plan, which is updated annually; and
(6) The animal facility maintains adequate staffing at the facility eighteen (18) hours a day to attend to the animals. Whenever an animal is left unattended, the name, address and telephone number of the responsible person, must be posted in a conspicuous place at the front of the property.
(b) Health of breeding dogs.
(1) A female unaltered dog must be at least twelve (12) months old before being bred. Records of litters birthed are required to be maintained pursuant to subsection (c) below;
(2) Offspring may not be removed from the premises earlier than eight weeks of age except for medical reasons ordered by a California licensed veterinarian. The order must be in writing, state the medical reason for early separation, and be provided to the city, if requested, up to two (2) years after its issuance.
(c) Housing requirements. The housing for the animals must comply with Section 3.36.150;
(1) Each pregnant dog must be housed separately at least three (3) days before giving birth and be monitored at reasonable intervals;
(2) A dog who has just given birth must be provided with a contained nesting area and housed with her litter in their own run or enclosure until the newborns are weaned.
(d) Dog Identification and Recordkeeping. The following current records must be maintained and produced upon request to determine licensing compliance or for any other purpose relating to the public health, safety, or welfare. These records must be provided to a purchaser of any dog sold or transferred to another person by the facility:
(1) All dogs must be microchipped or tattooed upon reaching the age of four months or prior to sale or transfer, whichever is earlier. Microchip and tattoo records must be kept for all dogs.
(2) In addition to the records required by California Health and Safety Code Sections 122050 and 122055 relating to dogs, breeding facilities must keep the following records for all dogs: the date and from whom the dog was acquired; the date of each litter birthed by each female animal; veterinary records; and the cause of death and the method of disposal.
(3) Knowingly providing false information or records relating to any animal is a misdemeanor.
(e) Reasonable restrictions on the breeding of animals other than dogs. Breeders of animals, other than dogs, that are normally kept as pets for sale or exchange in return for consideration, must comply with all applicable requirements of this chapter. In addition, the code enforcement officer may impose reasonable conditions on a breeding license, including a limitation on the number of animals permitted at a facility, and may impose recordkeeping requirements, in the interest of the health and safety of the public and of the animals.
(f) Noncompliance-penalties. The penalties for violations of any provision of this section are as follows:
(1) First violation. A first violation is an infraction punishable by a fine of up to two-hundred and fifty dollars ($250). If the owner or custodian fails to correct the underlying cause of the violation within thirty (30) days after being notified of the violation, it is a second violation.
(2) Second violation. A violation within a year of a first violation is a second violation. A second violation is a misdemeanor punishable by imprisonment in the county jail for up to six months or by a fine of up to one-thousand dollars ($1,000), or both. Each subsequent violation within one year of the first violation is an additional misdemeanor.
(g) Noncompliance-injunctive relief. Any act or failure to act in violation of this section may be the subject of a civil action to ensure compliance. The filing and prosecution of an action will not limit the authority or ability of the county to enforce the requirements of Section 10.40.200 or to impose penalties or take any other action permitted by law. (Ord. 961, § 2, 2019)