Tracy, California

5.08.130 – License tags for dogs.

(a) Licenses required. It is hereby declared unlawful for any dog, not duly vaccinated, licensed, and registered in accordance with the provisions of this section, to be in the City or to be owned, kept, or possessed in the City by any person. Licenses shall not be transferable on a change of ownership, nor from one dog to another. Licenses will be issued for a term of one year for dogs under one year of age, and for a term of three (3) years for dogs over one year of age. Licenses will be issued at the time they are purchased, and shall expire at the end of their term.

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(d) License fees. Any person desiring to keep a dog over the age of four (4) months in the City, shall pay the City a license fee within thirty (30) days after acquiring such a dog or within thirty (30) days of an owned dog attaining the age of four (4) months. The license fee shall be established by resolution of City Council. Such fee shall be reduced by one-half (½) or more if a certificate is presented from a licensed veterinarian that the dog is spayed or neutered. Licenses of dogs over the age of four (4) months shall be renewed before or upon expiration of the current license. The license fee shall be delinquent if not paid on or before the due date. A penalty determined by resolution of City Council shall be added to the fee when the license is delinquent. All license terms issued shall not exceed the expiration date of the anti-rabies vaccination.

Two and 50/100ths ($2.50) dollars for each unaltered male or female dog and one and 50/100ths ($1.50) dollars for each altered male or female dog of the fees collected pursuant to the provisions of this subsection shall be deposited into an account for Rabies Treatment and Eradication, thus allowing Tracy Animal Services to provide discounted rabies vaccines. At the end of each fiscal year, any remaining amount of such fees may be transferred, by the order of Council, to the General Fund provided that sufficient funds remain to adequately carry out the administration of the Animal Shelter’s operations.

(n) Mandatory alteration for multiple impounds. Any unaltered dog or cat impounded three (3) or more times from the same owner within the lifetime of the animal shall be spayed or neutered at the owner’s expense prior to redemption. Animal Services shall provide the owner with notice of such determination. At the option of the owner, a private veterinarian may perform the spaying or neutering. In the event the owner chooses to have a private veterinarian perform the spaying or neutering, the owner must provide animal services with documentation showing that the animal was altered within thirty (30) days of such alteration.

(1) Hearing. In the event an owner wishes to challenge the mandatory alteration for multiple impounds, the owner shall notify Animal Services in writing within ten (10) days after receiving notice from Animal Services that the animal must be altered. A hearing shall be set within thirty (30) days of receiving written notice from the owner, and written confirmation of the date, time, and place of the hearing shall be provided to the owner at least five (5) days before the hearing by personal delivery or mail. The Hearing Officer, as defined in Section 1.12.030 of this Code, shall consider all relevant evidence presented at the hearing. The formal rules of evidence shall not apply.

(2) Hearing Officer’s decision. Following the hearing and within fifteen (15) days of the hearing, the Hearing Officer shall notify the owner in writing of his or her decision.

(o) Prohibition against adopting unaltered dogs or cats.

(1) The animal shelter shall not adopt any dog or cat which has not been spayed or neutered, unless the dog or cat cannot be medically-cleared for surgery by a veterinarian. The fee for alteration shall be determined by resolution of Council, and shall be comparable to the fee charged by veterinarians in the locale.

(2) In the event a dog or cat is adopted unaltered because the dog or cat is not medically-cleared for surgery at the time of adoption, once medically-cleared the adopter shall provide Animal Services with written documentation that the dog or cat has been spayed or neutered within sixty (60) days of the surgery. Failure to comply with this section shall result in an administrative citation specified In Chapter 1.28 of this Code.

Article 7. – Breeder Certificates

5.08.470 – Definitions.

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

(b) The term “breeder certificate holder” means the individual who applies for and obtains a breeder certificate from Animal Services.

5.08.480 – Breeder certificate requirements.

(a) A breeder certificate shall be effective for a period of one (year). Upon application and issuance of a breeder certificate, Animal Services will provide a breeder certificate number. The designated animal must be licensed pursuant to section 5.08.130 of this chapter. The fee for a breeder certificate shall be established by resolution of City Council.

(b) Any breeder certificate holder 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 on any such advertisement. Further, the breeder certificate holder must provide the breeder certificate number on any receipt of sale or transfer document to any person who purchases, adopts, or receives any animal from the breeder certificate holder.

(c) A breeder certificate holder may not sell, adopt, or transfer, whether for compensation or otherwise, any animal until it has reached the age of at least seven (7) weeks and has received its first immunization.

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

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

(2) Animals under the care of governmental agencies or Animal Services;

(3) Dogs documented as guide, signal, or service dogs;

(4) Dogs documented and enrolled in a guide, signal, or service dog breeding program;

(5) Dogs and cats under the care of valid 501(c)(3) animal rescue organizations at the discretion of Animal Services;

(6) Dogs and cats under the care of humane societies or societies for the prevention of cruelty to animals at the discretion of Animal Services; and

(7) When a veterinarian has determined that spaying or neutering is inappropriate due to the animal’s age or health.