Los Banos, California

§ 6-1.3004 Dog license tag issuance and fee.

(a) License Fee. A dog license fee set by resolution of the City Council shall be imposed upon every dog four months and older which is kept in the City by any person who is an owner. The dog license fee shall be reduced by at least 50% if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered. The dog license fee is an annual fee and shall not in any case be prorated.

§ 6-1.6003 Redemption of impounded animal.

(e) Upon the third impound within a 12 month period, any dog or cat so impounded must be spayed or neutered at the owner’s or custodian’s expense prior to redemption. If the owner or custodian can prove to the Animal Control Services Unit that the animal is a valuable breeding animal and currently registered with a national organization such as the American Kennel Club and such sterilization would devalue the animal, this requirement may be waived.

§ 6-1.6005 Disposition of impounded and surrendered animals—Spay and neuter compliance.

(b) No dog or cat shall be made available for adoption unless the dog or cat is spayed or neutered in accordance with California Food and Agricultural Code Sections 30503 and 31751.3 or is otherwise exempt pursuant to this subsection or State law. The dog or cat must be at least eight weeks of age and not dependent on maternal care.

(1) If a veterinarian licensed to practice veterinary medicine in this state certifies that the dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered, the animal shelter will hold the surgical fees paid as a spay neuter deposit. The Animal Control Services Unit shall establish the amount of the deposit at the level he or she determines is necessary to encourage the spaying or neutering of the dogs or cats. The deposit shall be temporary, and shall only be retained until the dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. The dog or cat shall be spayed or neutered within 14 business days of that certification. The contract veterinarian will send proof of the surgical sterilization to the animal shelter with an invoice for the surgery within 30 business days. The deposit will be paid directly to that adopter upon receipt of the certification or forfeited if no certification is received within the time set forth herein.

(2) Failure to spay or neuter the cat or dog as required, is a misdemeanor. A citation will be issued to the adopter in addition to forfeiture of the spay or neuter deposit. The animal must be returned to the animal shelter or Animal Control Officer upon demand. The adopter may also be subject to Civil Penalties as indicated in Sections 30522 and 30523 of the Food and Agriculture Code.

(3)The Animal Control Services Unit, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section.

§ 6-1.7001 Rescue permit.

(g) No dog or cat may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least eight weeks of age and not dependent on maternal care and has received its first immunization against common diseases and proof of spay or neuter (as required by Food and Agriculture Code Section 30503) has been provided to the new owner. If a veterinarian has determined that spay/neuter is inappropriate for the animal’s advanced age or health, a dog/cat may be placed with a new family with proof of verification, as stipulated in the Food and Agriculture Code Section 30503.

§ 6-1.7002 Breeder certificate.

(a) No person shall cause or allow any dog or cat owned, harbored, or kept within the City of Los Banos to breed without first obtaining a breeder certificate from the City.

(b) The term “breeder certificate” shall mean a written authorization issued annually by the Animal Control Services Unit giving its lawful holder permission to breed one litter per year per designated animal.

(c) Any holder of a breeder certificate who advertises to the public the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the breeder certificate number in any such advertisement. Further, the breeder certificate holder must provide the certificate number to any person who purchases, adopts or receives any animal from the certificate holder and include the certificate number on any receipt of sale or transfer document.

(d) No offspring may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least eight weeks of age and not dependent on maternal care and has received its first immunization against common diseases.

(e) The following animals are exempt from breeder certificate requirements:

(1) Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement and rescue activities;

(2) Dogs documented as guide, signal, or service dogs pursuant to California Penal Code Section 365.5(d), (e) and (f) and successor sections;

(3) Dogs and cats under the care of governmental animal control agencies; animal rescue organizations which have demonstrated to Animal Control Services Unit that they have implemented an ongoing spay/neuter plan, as well as an adoption plan; or humane societies or societies for the prevention of cruelty to animals, if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110, and successor sections;

(4) Dogs documented as enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5 (commencing with Section 7200), Division 3 of the California Business and Professions Code; and

(5) When a veterinarian has determined that spay/neuter is inappropriate for the animal’s age or health.

(f) When contacted by an Animal Control Officer, the owner of a pregnant or whelping dog or cat must either show proof of an impending spay/neuter appointment or agree to participate in a low-cost spay/neuter program, or purchase a breeder certificate.

(g) Breeder certificates shall not be issued to any person who has been convicted of animal cruelty or neglect.

§ 6-1.7003 Penalties and revocation—Breeder certificate.

(a) The minimum penalty for violating Section 6-1.7002 shall be established by resolution of the City Council and shall not be waived upon the transfer or abandonment of the animal. This penalty shall be imposed in addition to any other applicable civil or criminal penalties.

(b) Any breeder certificate may be revoked if the owner is in violation of:

(1) Any of the provisions of this chapter relating to the keeping, care, or use of any animal;

(2) Any State health or safety law or regulation regarding animal care or control; or

(3) Any condition or requirement to pay any fee imposed under this chapter.