Capitola, California

6.14.130 Number of female dogs kept in any one place.

It is unlawful for any person other than a duly licensed veterinarian or dog kennel operator to keep or maintain more than one unspayed female dog at or within any one residence within the city.

Chapter 6.16 BREEDING, SALE AND ADOPTION OF ANIMALS

6.16.010 Findings.

The city council finds and declares that a program for mandatory spaying/neutering of cats and dogs combined with a certification system for unaltered cats and dogs owned, harbored or kept within the city, is a reasonable and effective means of reducing the population of homeless or stray cats and dogs, reducing the need to euthanize healthy cats and dogs, and providing for the health, safety and welfare of the public.

6.16.020 Definitions.

“Unaltered animal certification” means a written authorization, issued annually by the director, giving permission to maintain an unaltered dog or cat. Fees for the certification shall be established by city council resolution.

6.16.030 Mandatory spaying/neutering.

A. No person shall own, harbor or keep within the city a dog or cat over the age of six months that has not been spayed or neutered unless such person holds an unaltered animal certification for the animal issued pursuant to Section 6.16. 050.

B. Any person intentionally providing care or sustenance for a dog or cat shall be deemed the guardian of such dog or cat and shall comply with this chapter.

C. The following animals are exempt from the provisions of this section:

1. Dogs documented as having been appropriately trained and actually being used by public law enforcement agencies for law enforcement activities, or dogs designated as breeding stock for law enforcement purposes by an appropriate agency or organization approved by the director after consultation with knowledgeable professionals;

2. Dogs documented as having been appropriately trained and actually being used as service dogs, such as a guide dog, hearing dog, service dog or social/therapy dog, or dogs designated as breeding stock for these purposes by an appropriate agency or organization approved by the director after consultation with knowledgeable professionals;

3. Dogs documented as having been appropriately trained and actually being used by search and rescue agencies for search and rescue activities, or dogs designated as breeding stock for these purposes by an appropriate agency or organization approved by the director after consultation with knowledgeable professionals;

4. Dogs or cats certified by a licensed veterinarian as having a health reason for not being spayed/neutered;

5. Dogs which are appropriately trained and actually being used for herding of other animals, or as livestock guardian dogs, or dogs designated as breeding stock for these purposes by an appropriate agency or organization approved by the director after consultation with knowledgeable professionals;

6. Dogs or cats boarded in a licensed kennel or a business which boards such animals for professional training or resale;

7. Dogs or cats which are owned and in the custody and control of persons who do not reside in the city, but who are temporarily visiting the city or traveling through the city.

6.16.050 Unaltered animal certification – Administration.

A. The director shall administer a certification program to allow for unaltered animals over the age of six months when the director determines that the following conditions have been met:

1. The animal is examined annually by a licensed veterinarian and is following the preventative health care program recommended by the veterinarian;

2. The guardian has not had more than two violations of this title within the preceding twenty-four months;

3. 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 lie down without lying in his/her feces,

c. The area where the animal is kept is properly cleaned and disinfected,

d. If the animal is a dog, it must be fully contained on the guardian’s property and be provided appropriate exercise, and

e. The animal guardian otherwise complies with any applicable state or local law concerning the care and housing of animals;

4. The guardian furnishes the director with a signed statement agreeing to the following conditions:

a. The female unaltered animal will have no more than one litter per year, unless the guardian furnishes the director, in advance of any breeding, a written statement from a licensed veterinarian recommending that the female feline be allowed to have up to two litters per year. This written recommendation may result from the annual examination required pursuant to subsection (A)(1) of this section,

b. Offspring of the unaltered animal will not be sold or adopted until they are at least seven weeks of age, and

c. Records will be kept documenting how many offspring were produced and who adopted or purchased them.

B. Any guardian advertising to the public the availability of any dog for adoption, sale, barter or other transfer must prominently display his or her unaltered animal certification number in the advertisement. The certification number shall also be provided to any person adopting or purchasing any dog or cat bred in the city.

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D. Any guardian of an unspayed or unneutered dog or cat who has been cited for failing to obtain an unaltered animal certification may have his or her citation dismissed if there is proof that the animal has been spayed or neutered within thirty days of the issuance of the citation.

E. Any guardian who is denied an unaltered animal certification or whose certification is revoked by the director for failure to comply with the requirements of this section may appeal such denial or revocation to the city council pursuant to Chapter 2.52. The decision of the city council shall be final.

6.16.060 Use of certification revenue.

All certification revenue collected pursuant to this chapter, unless otherwise specified, shall be applied by the city council as follows:

A. To recover and/or offset the costs for the enforcement, administration and support of this title;

B. To advance the purpose of this chapter by providing for the spaying and neutering of animals, and/or providing for the testing and immunization of feral cats.