Stanislaus County Ordinace to get passed

(This is Copyrighted - Coalition for Cats and Dogs)

BreederŐs Certification

A. Any person wishing to breed any dog or cat owned, harbored or kept within the unincorporated area of the county, and to sell or otherwise transfer the offspring within the county shall first become a Certified Breeder, as described below. A Certified BreederŐs Certificate Number is issued once and then renewed annually by the Department of Animal Services, designating its lawful holder as a responsible breeder who agrees to meet all of the following standards:

(1) The animals to be bred are examined annually by a licensed veterinarian, are certified by that veterinarian as being suitable for breeding, and are following the preventative health care program recommended by the veterinarian. (a) Husbandry status shall be determined by exams for genetic quality of breed including OFA Đ hips and elbows, eye certification, and heart and thyroid testing.

(2) The breeder has documented membership or active participation in any of the following: (a) American Kennel Club or its affiliates. (b) United Kennel Club (c) Cat FancierŐs Association (d) Hunting Dog Trials (e) Schitzen training (f) Other recognized association

(3) All breeding animals must be listed in certificate application or addendums.

(4) Breeder agrees to limit of one litter per animal per year, with the first breeding not until the animal is 1 and _ years old and a lifetime maximum of 3 litters per bred animal.

(5) The animal is properly housed and cared for as follows: (a) The animal is provided sufficient quantity of good and wholesome food and water. (b) The animal is provided shelter that will allow the animal to stand up, turn around, and lay down without laying in his/her feces, and the area where the animal is kept is properly cleaned and disinfected. (c) The animal must be fully contained on the property of the owner and be provided appropriate exercise. (d) The owner otherwise complies with any applicable state law concerning the care and housing of animals.

(6) No offspring may be sold, adopted, bartered or otherwise transferred, whether for compensation or otherwise, until such offspring has reached the age of at least eight (8) weeks.

(7) No offspring may be sold or adopted until immunized against common diseases. The sale or adoption of a dog or cat shall include copies of the animalŐs Veterinary records and/or a statement signed by the seller or transferor attesting to the signatoryŐs knowledge of the animalŐs health, and the animalŐs immunization history.

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

(9) Any publication or public posting, including electronic postings, in Stanislaus County which includes advertisements for the sale of dogs or cats in the unincorporated area of the county must prominently include the following advisement in any "Pets for Sale" section or public bulletin board: "Stanislaus County Ordinance _______________ requires that a BreederŐs Certificate Number be included in all advertisements for the sale or giving away of dogs or cats in the unincorporated area of Stanislaus County, unless the offeror is a municipal animal shelter or 501(c)(3) nonprofit animal rescue or humane organization. Any advertisements which do not include this number will be researched by the Department of Animal Services and non-certified breeders will be subject to citation and fine. For information, call the Department of Animal Services at ________________." (a) Failure to display the BreederŐs Certificate Number or include it in any advertisement for sale, adoption or other transfer of dogs and cats is an infraction punishable by a $300.00 fine for the first occurrence, $400.00 for the second occurrence, and $500.00 for each subsequent occurrence.

(10) The Department of Animal Services or its agent, or any law enforcement or animal control officer shall have the right to inspect the areas used by any Certified Breeder for the keeping of animal offspring to determine compliance with the provisions of this Article.

(11) The following animals are exempt from the BreederŐs Certification requirements: (a) Dogs documented as having appropriately trained and actively used by law enforcement agencies for law enforcement or rescue activities. (b) Dogs documented as guide, signal, or service dogs pursuant to California Penal Code Section 365.5 (d-f) and successor sections. (c) Dogs and cats certified by a licensed veterinarian as not being suitable subjects for spaying or neutering due to health reasons. (d) Dogs and cats in the care of governmental animal control agencies; IRC 501(c)(3) animal rescue or humane organizations which have demonstrated they have implemented ongoing spay/neuter and adoption plans.

B. This section shall not be interpreted to apply to a person caring for barn cats or a colony of feral cats if such person: (1) Regularly feeds or arranges for the feeding of the cats including on weekends and holidays. (2) Traps or makes a reasonable effort to trap all barn or feral cats over the age of eight (8) weeks in his/her care, and has them spayed or neutered. All trapping of barn or feral cats should be done in accordance with nationally recognized humane trapping guidelines set forth by Alley Cat Allies. (3) Identifies barn or feral cats that have been spayed or neutered by means of ear tipping. (4) Has all trapped cats vaccinated according to state and local laws.

C. Each BreederŐs Certification shall be valid for one year from the date of issuance and may be renewed annually, before its expiration date. Each applicant for such a Certification shall pay an initial registration fee of $300, and an annual renewal fee of $50. (1) No applicant will be issued a BreederŐs Certification if he/she has been convicted of one or more of the following offenses: (a) Penal Code Section 286.5 (sexual assault on animal) (b) Penal Code Section 596 (poisoning of animal) (c) Penal Code Section 597 (animal cruelty) (d) Penal Code Section 597.5 (fighting dogs) (e) Penal Code Section 599aa (seizure of fighting dogs) (f) Penal Code Sections 487e, 487f or 487g (theft of animal)

Penalties for Failure to Obtain BreederŐs Certification or Spay/Neuter Certificate

A. Any owner of a dog or cat in the unincorporated areas of Stanislaus County must have a BreederŐs Certification or a veterinarianŐs certification that each dog or cat is altered. If an owner is found by the Department of Animal Services to be in violation of this section, the owner may correct the violation(s) ) by: (1) providing conclusive proof to the department that the dog(s) or cats(s) have been spayed or neutered, or (2) by obtaining the necessary BreederŐs Certification no later than thirty(30) days from the date the owner was first notified of the violation.

B. Should the owner fail to correct the violation(s) in the manner described in subsection A, the Department of Animal Services shall impose a Three Hundred Dollar ($300.00) civil penalty on the owner. This penalty shall not be waived by the Department upon the transfer or abandonment of the dogs or cats by the non-compliant owner. This penalty shall be imposed in addition to any other applicable civil or criminal penalties.

C. If the civil penalty mentioned above is not paid and the owner does not spay/neuter his/her dog(s) or cat(s) or obtain the BreederŐs Certification within fifteen (15) days from the date when the Department first notified the owner of the imposition of the civil penalty, the continuing violation of this section becomes a misdemeanor and may be prosecuted as such, and the ownerŐs dogs and/or cats shall be impounded.

D. Any owner reclaiming an unaltered dog or cat from Stanislaus County Animal Services must pay the cost of altering the animal or must obtain a BreederŐs Certification. The animal shall not be released to the owner until it has been altered or the owner has an approved BreederŐs Certification.

E. The Department of Animal Services may revoke any BreederŐs Certification issued pursuant to this section upon finding that the Certificate holder has violated its terms and conditions. Such a finding shall be made after an administrative hearing.

Sale, Adoption and Other Transfers of Dogs and Cats

A. No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game or competition. B. No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement. C. No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any dog or cat to any minor under the age of eighteen years, without the written permission of one of the minorŐs parents or legal guardians. No minor under the age of eighteen years may walk a Pit Bull Terrier on public property. D. Commercial establishments selling locally bred dogs or cats shall prominently display the BreederŐs Certificate number(s) of the breeder(s) whose dogs and cats are sold in said establishments. Commercial establishments selling dogs and cats which were not bred within the unincorporated areas of Stanislaus County shall prominently display the name and address of the breeder(s) of such dogs and cats. E. Violation of any of the provisions of this section is an infraction punishable by a One Hundred Dollar ($100.00) fine for each occurrence.

Ownership of multiple dogs and/or cats

In order to decrease the numbers of dogs/cats euthanized at local animal shelters, the Board finds that it is necessary to make more homes available to the animals, and this can be done in part be easing restrictions on the number of animals allowed per household. A. There shall be no restriction on the number of dogs and cats allowed per household in the unincorporated areas of the County providing all of the following conditions are met and maintained: (1) Each dog or cat in the household over the age of 4 months is spayed or neutered, or is part of a Certified BreederŐs program. (2) Each dog or cat in the household receives regular veterinary care including vaccinations. (3) All the animals are confined to the ownerŐs property and cannot roam. (4) The animals are not a nuisance to neighbors. (a) If one neighbor files a nuisance complaint, but all of the other adjoining neighbors of the animal owner are willing to contradict the complaint in writing, the complaint shall be referred to Animal Court for mediation.

Use of Revenue

All fees collected pursuant to Sections ____________________ and any fines imposed pursuant to Sections _______________ which are collected by the Department of Animal Services shall be placed into a separate fund. This fund shall be used solely for the following purposes: not more than half of this fund shall be used to recover and/or offset the costs for the enforcement, administration and support of this chapter; at least half of this fund shall be used to finance public or private programs which make spay/neuter services affordable to low income residents of Stanislaus County.

Effective Dates

This ordinance shall become operative 180 days after its effective date, and will be effective through the year 2012, at which time the pet overpopulation condition shall be reevaluated by the

(Copyrighted - Coalition for Cats and Dogs)

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