San Luis Obispo County, California

9.01.003 – Definitions.

(t) “Hobby breeder” means any private person who offers any dog, cat, or other animal normally kept as a household pet for sale or in exchange for any monetary or other non-monetary consideration, provided that:

(1) The sale of such animals is conducted as an accessory use from a private residence; and

(2) The number of animals kept at that location does not exceed the maximum allowed under the provisions of this title or other applicable codes; and

(3) The total gross revenue realized from the breeding or sale of animals does not exceed an annual revenue of ten thousand dollars.

9.03.004 – Cats at large.

(a) No person shall permit any unaltered cat owned, harbored, or controlled by him to roam at large.

(b) Any person finding a cat roaming at large may, at their own expense, have that animal spayed or neutered by a veterinarian.

9.04.009 – Adoption of unredeemed animals.

At any time after the expiration of the applicable holding period, the division may, without further notice and without advertising in any manner, adopt out any animal not reclaimed or redeemed provided that:

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(b) No dog or cat shall be adopted, given, or otherwise transferred to any person, organization, or business, other than a non-profit humane organization, unless it has been previously spayed or neutered, or unless a veterinarian licensed to practice in the state of California certifies that it is too sick to undergo such a procedure, in which case the adopter shall pay to the division a deposit of no less than fifty dollars.

(1) The deposit shall be returned to the adopter upon provision of proof of alteration to the division.

(2) Failure to provide proof of alteration or a renewed veterinarian’s certification that the animal remains too ill to undergo surgery to the division within sixty days of the date of the deposit shall result in forfeiture of the deposit.

9.05.001 – Animal breeding—Permit required.

(a) No person, firm, corporation, or association shall breed with the intent to sell, nor offer for sale, any animal of a type normally kept as a household pet without having first obtained the appropriate permit from the division.

(1) In the event that the breeding operation qualifies as a hobby breeder under the definitions of this title, the permit type issued shall be that of a hobby breeder permit.

(2) All other breeding operations shall be permitted as a commercial animal operation.

(b) Application, approval, and maintenance of this permit shall be independent of, and in addition to, any other permits required by this code.

(c) Issuance of a permit under this section does not supersede, negate, or otherwise eliminate the requirement of an animal owner or keeper to comply with all other municipal, county and state regulations, ordinances, and laws related to the keeping, breeding and/or sale of animals.

9.05.002 – Advertisement of animals for sale.

Any hobby breeder or commercial animal operation offering the sale of a household pet shall include the permit number issued for that operation in any print, electronic, or other form of advertisement.

9.05.003 – Hobby breeder permit—Inspection required.

(a) The division shall conduct an inspection of the associated animal facility upon receipt of an application for a new hobby breeder permit and from time to time as may be deemed necessary by the chief animal control officer to ensure appropriate animal care and management.

(b) Routine hobby breeder permit inspections may be conducted without prior notification to the permit holder or applicant during the normal business hours of the division.

(c) Inspections conducted in conjunction with an investigation of alleged or suspected animal welfare concerns or permit violations may be conducted as necessary for that purpose.

(d) Refusal of an applicant or permit holder to allow an inspection shall be grounds for denial or revocation of the hobby breeder permit.

9.05.004 – Hobby breeder permit—Issuance and revocation.

(a) An applicant shall be issued a hobby breeder permit by the chief animal control officer upon successful completion of an inspection of the associated animal facility and payment of any associated fees as may be established by the board of supervisors.

(b) A hobby breeder permit may be immediately denied, suspended, or revoked by the chief animal control officer upon due investigation and determination that:

(1) The issuance of such permit creates, is likely to create, or promotes a public nuisance; or

(2) The permit holder or applicant has failed to maintain the premises in a clean, sanitary condition and poses an unreasonable risk to the health, safety and welfare of the animals residing at the premises; or

(3) The permit holder or applicant has failed to provide appropriate care, housing, or confinement for the animals in his or her keeping; or

(4) The permit holder, applicant, or other resident of the property for which the permit is sought has been convicted of any offence involving a violation of Section 597 of the California State Penal Code or any other equivalent municipal, county, or state law or code.

(5) The permit holder or applicant is maintaining or breeding animals in violation of municipal, county, or state law or code.

(c) In the event a hobby breeder permit is suspended or revoked, the holder of the permit shall be given an opportunity for a hearing before an impartial hearing officer from outside of the division, within forty eight business hours of the time of suspension. Upon conclusion of the hearing, the hearing officer may decide to:

(1) Dismiss the suspension or revocation and reinstate the permit with or without conditions; or

(2) Suspend or revoke the permit.

This hearing shall be conducted in accordance with procedures adopted by the division and the hearing officer’s decision shall be final.

9.05.005 – Hobby breeder permit—Term, fee, and delinquency.

(a) Hobby breeder permits shall be issued for the calendar year, or any part thereof, during which the operation is maintained. Each permit shall expire on December 31 of the current year.

(b) The division may assess a fee for the issuance or the annual renewal of a hobby breeder permit. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year.

(c) A renewal application may be submitted at any time during the calendar year without penalty, provided that such application is made prior to the breeding of the animals to be covered by the permit. In the event that a renewal application is not submitted prior to the breeding, the division may assess a penalty fee.

9.05.006 – Report of animal sales.

Any holder of a hobby breeder permit shall report in writing the sale of any dog or cat to the division within thirty days of the event. Such report shall include:

(a) Date of sale;

(b) Species, breed, age, sex, and color of the animal; and

(c) Name and physical address of purchaser.