Gilroy, California

4.27 Dogs; license required.

(a) No person shall maintain or board any dog four (4) months of age or older which has not been licensed pursuant to the provisions of this chapter, except:

(1) A license shall not be required for an animal owned or under the control of a nonresident of the city, and which is to be kept in the city for less than thirty (30) days.

(2) A license shall not be required for dogs temporarily brought into the city for entry into an event, show or exhibition scheduled not more than ten (10) days thereafter.

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(c) Prior to issuance of a dog license, the administrator shall require payment of a license fee which shall be fixed by resolution and which shall not be refundable in whole or in part, with the following exceptions:

(1) A reduced fee shall be charged for licenses issued for spayed females or neutered males. The administrator may require the submission of a certificate of a licensed veterinarian stating that a dog has been spayed or neutered, or cannot be spayed or neutered for health reasons and is incapable of breeding prior to issuance of a license at the lesser fee.

4.33 Maximum number of dogs, cats or litters.

(a) No person shall keep or maintain more than five (5) dogs over four (4) months of age, or more than five (5) cats over four (4) months of age, or any combination totaling five (5) dogs and cats, including no more than one (1) unspayed female dog or one (1) unspayed female cat, on any premise except a premise maintained by a veterinarian licensed by the state for the practice of veterinary medicine, without a valid permit procured from the administrator pursuant to this chapter for a private kennel, commercial kennel, pet shop, animal menagerie or animal shelter.

(b) For purposes of this section, a female dog or cat shall be rebuttably presumed to be unspayed, unless the owner provides evidence of spaying. Written certification from a licensed veterinarian that an animal cannot be spayed for health reasons or is incapable of breeding shall be deemed a satisfactory substitution for a certificate showing an animal is spayed.

4.34 Adoption of cats and dogs.

(a) Any person adopting an unaltered dog or cat from any humane society animal shelter, public pound or society for the prevention of cruelty to animals shelter in the city shall have such animal spayed or neutered on or before a date specified in the adoption agreement, unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement to the person at such shelter or pound responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly.

4.35 Fine for at-large dog—Enhanced fine for unsterilized, at-large dog.

(a) No owner or person with the control or custody of any dog shall allow the animal at large upon any public street or other public place, or upon any private property or common area of any planned development, cluster, townhouse or condominium project without the consent of the property owner or person in control of the property.

(b) A fine or penalty for violation of this section 4.35 shall be the amounts specified in section 4.9 of this chapter.

(c) An unsterilized dog that is found to be running at large shall be issued citations for both offense and shall be subject to twice the fine or penalty applicable for a sterilized dog that is at-large.

(d) If, within fifteen (15) days of receiving the citation described in subsection (c) of this section, the owner of the unsterilized dog causes his or her dog to be spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction and provides evidence from a veterinarian that such surgery was performed, the city shall waive the enhanced fine or penalty for an unsterilized dog at-large. The owner then shall be required to pay the fine or penalty applicable to an sterilized dog at large, which fine or penalty for a sterilized dog at large shall be the amounts specified in subsection (b) of this section.

(e) The fine or penalty provided in subsection (c) of this section shall not apply if the owner provides evidence from a veterinarian, within fifteen (15) days of receiving the citation described in subsection (c) of this section, that said dog is too young to be surgically sterilized.

(f) The enhanced fine or penalty provided in subsection (c) of this section shall not apply to an AKA registered dog.

4.36 Fine for at-large cat.

(b) The fine or penalty for violation of this section 4.36 shall be the amounts specified in section 4.9.

(c) If, within fifteen (15) days of receiving the citation described in subsection (b) of this section, the owner or person in control of the cat demonstrates to the satisfaction of any person charged or authorized to enforce this chapter that the cat is sterilized or the owner of the cat causes his or her cat to be spayed if female or neutered if male or otherwise surgically rendered permanently incapable of reproduction and provides evidence from a veterinarian that such surgery was performed, the city shall waive the fine or penalty applicable to a cat at large.

4.64 Findings.

The city council adopts this article based upon the following findings:

(1) The Legislature of the State of California approved of breed-specific mandatory spaying and neutering by adopting Senate Bill 861 (SB 861), codified at California Food and Agricultural Cde Section 31683 and California Health and Safety Code Section 122331.

(2) The intent of SB 861 was to enable local governments to pass ordinances restricting the breeding of specific dog breeds by mandating the spaying and neutering of specific dog breeds.

(3) It is the city council’s intention that nothing in this article shall be deemed to conflict with state law as contained in the California Food and Agricultural Code and California Health and Safety Code.

(4) It is the city council’s intention that nothing in this article shall be construed to prevent dog owners in compliance with this section from maintaining intact breeds.

(5) Pit bull breeds and pit bull mixes constitute a majority of unadopted dogs held in animal shelters.

(6) To protect the public health, safety and welfare, it is the desire of the city council to modify the City Code consistent with SB 861, regarding the mandatory spaying and neutering of pit bull breeds and the permissive maintenance of and breeding of intact pit bull breeds.

(7) Restricting the maintenance of and breeding of intact pit bulls and requiring spaying and neutering of pit bull breeds will not prevent responsible pet owners and pet breeders from owning, breeding, or showing pit bull breeds.

4.66 Definitions.

(a) Whenever the words “pit bull” are used in this article, they shall mean any dog that is a bull terrier, miniature bull terrier, American pit bull terrier, Staffordshire bull terrier, American Staffordshire terrier, or any other dog displaying the physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics that conform to the standards established by the American Kennel Club (“AKC”) or United Kennel Club (“UKC”) for any of the above breeds. The AKC and UKC standards for the above breeds are listed on their websites.

4.67 Determination of breed.

(a) If an owner, guardian or keeper is unsure as to whether or not his or her unspayed and unneutered dog is a pit bull, he or she may make an appointment with the department at which a department staff member shall make a determination as to whether or not the dog is a pit bull.

(b) If the dog owner, guardian or keeper wishes to appeal the determination that the dog is a pit bull, within five (5) business days of the staff member’s determination he or she may request a hearing before the department’s director or designee. The hearing shall be no more than thirty (30) days after the director received the request. The hearing may be informal and rules of evidence not strictly observed. The decision of the director or designee is final.

4.68 Mandatory spaying and neutering of pit bulls—Exceptions.

No person may own, keep, or harbor any dog within the city that the person in possession knew, or should have known, was a pit bull that has not been spayed or neutered unless:

(1) The pit bull is under eight (8) weeks of age.

(2) The pit bull cannot be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to a physical abnormality. A veterinarian must certify such a condition and determine the time frame after which the pit bull can be spayed/neutered. Within thirty (30) days of the operative date of the ordinance codified in this article, or within thirty (30) days of taking possession or ownership of an unspayed or unneutered pit bull, the owner, guardian or keeper must submit such documentation to be verified by the department.

(3) The pit bull has been present in the city for less than thirty (30) days.

(4) The owner, guardian or keeper has obtained, or has submitted an application for, a breeding permit in accordance with section 4.72.

(5) Determination of breed is under appeal pursuant to section 4.67.

(6) The pit bull is a show dog. Within thirty (30) days of the operative date of the ordinance codified in this article, or within thirty (30) days of taking possession or ownership of an unspayed or unneutered pit bull, the owner, guardian or keeper must submit a copy of the organization papers (AKC or UKC) to the department, demonstrating the pedigree information and show dog registration and that the dog conforms with the same breeding permit guidelines set forth in section 4.72.

4.69 Penalties.

Violation of section 4.68 may result in the following penalties:

(1) A first violation may result in the department impounding the pit bull and disposing of the pit bull in accordance with sections 4.30 and 4.50. A first violation shall be an infraction punishable by a fine as set forth in section 4.9. In order for the owner, guardian or keeper to reclaim the pit bull from the department, in addition to paying the other charges and fees set out in section 4.59, one (1) of the following must occur:

a. The department shall have a veterinarian spay or neuter the dog. The dog owner, guardian or keeper shall pay a deposit of one hundred dollars ($100.00) prior to the procedure and will be charged the fee for such services consisting of the actual expense incurred as established by the department. There may be additional fees for any extraordinary care provided.

b. In the alternative, the owner, guardian or keeper shall arrange for another veterinarian within the city or Santa Clara County to spay or neuter and shall pay the department a fee of sixty dollars ($60.00), which shall cover the department’s costs of delivering the dog to a vet of the owner’s, guardian’s or keeper’s choosing. The department shall deliver the dog to the vet, and the vet shall release the dog to the owner, guardian or keeper only after the spaying or neutering is complete.

c. At the discretion of the director, or designee, the director may release the dog to the owner, guardian or keeper; provided, that the owner, guardian or keeper signs an affidavit that he or she will have the dog spayed or neutered within two (2) weeks and will provide documentation verifying that the spaying or neutering occurred upon completion. If the owner, guardian or keeper fails to have his or her pit bull spayed or neutered as agreed in the affidavit, the department shall have the authority to impound the dog, and the owner, guardian or keeper may be charged with a second violation under subsection (2) of this section.

d. In the event that the director or designee determines that payment of any fees by the owner, guardian or keeper of a pit bull which is impounded or otherwise taken into custody would cause extreme financial difficulty to the owner, guardian or keeper, the director or designee may, at his or her discretion, waive all or part of the fees necessary for compliance with this section.

(2) A second violation of this section by the owner, guardian or keeper shall be a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six (6) months or by a fine not to exceed one thousand dollars ($1,000), or by both such fine and imprisonment. In addition, a second violation may result in the department impounding the pit bull and disposing of the pit bull in accordance with sections 4.30 and 4.50.

4.71 Requiring permit for the breeding and transferring of pit bull puppies.

(a) No person shall cause or allow any pit bull, as defined in section 4.66, which is owned, harbored or kept within the city to breed or give birth without first obtaining a permit as described in this article.

(b) Keeping an unaltered male adult dog together with a female dog in heat in the same dog run, pen, room, or any other space where the two (2) dogs are allowed contact with one another that would allow the dogs to breed is considered prima facie evidence of an owner, guardian or keeper’s intent to allow the dogs to breed.

4.74 Transference and sale of pit bull puppies.

(a) Any owner, guardian or keeper residing in or conducting a transaction within the city who offers any pit bull puppies under six (6) months old for sale, trade, or adoption, must prominently post his or her valid breeding permit number with any offer for sale, trade, or adoption. The permit number must also be supplied in writing to the individual, firm, corporation, or other entity that acquires a puppy.

(b) The breeder shall not remove puppies from the litter until the puppies are at least eight (8) weeks of age, are fully weaned, have their first set of vaccinations, have been dewormed and are in good general health.

(c) Breeders and any party that acquires a pit bull puppy through purchase, trade or adoption shall enter into a written agreement for the transaction and must include language that the acquiring party shall, at any time during the dog’s life, return the puppy to the breeder if the acquiring party cannot keep it, and that the breeder shall accept any such returned dog.

(d) Pit bull puppies that do not have show dog papers as defined in section 4.68(6) must be spayed or neutered by the breeder prior to transfer.

(e) Within three (3) weeks of the time that the litter is whelped, the breeder shall send to the department a head count of how many puppies were live-born. Within three (3) weeks after the breeder transfers physical possession of each puppy, the breeder shall notify the department of the name, address, and telephone number of the new owner, guardian or keeper of each puppy.