Tulare, California

§ 6.12.220 Kennel and breeder permitting.

Private or “back yard” breeding is strictly prohibited in the City of Tulare.

§ 6.12.290 Breeder permit and advertising for commercial kennels.

It is unlawful for any person to breed dogs for sale, for any profit whatsoever, or to advertise the sale or availability for adoption of such animals without first obtaining a breeder permit. The fees for a breeder permit shall be set by the Tulare City Council and shall be paid to Animal Services.

To obtain a permit, the applicant must fill out the appropriate license and be approved by Animal Services. The applicant must agree that they may not sell or adopt out any dogs until eight weeks of age and each has been vaccinated against common diseases. The breeder must list the permit number when advertising dogs for sale or adoption, must list the permit number as part of the sale or adoption paperwork, and must disclose the permit number to all potential purchasers or adopters of dogs.

It is unlawful for any person to advertise for the sale or adoption of any dogs without including in the advertisement a breeder permit number.

A breeder permit shall be in addition to any other requirements and conditions set forth in the city ordinances or by state law, including Cal. Health and Safety Code §§ 122045 et seq.

§ 6.12.380 Spay and neuter of Tulare City dogs and cats – Findings.

The City Council finds and declares that a program for the encouragement of spaying/neutering of cats and dogs combined with a certification system for unaltered cats and dogs owned, harbored or kept within the City of Tulare 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.

§ 6.12.400 Spaying and neutering.

(A)   No person shall own, harbor or keep within the incorporated area of the City of Tulare, a dog or cat over the age of six months, which has not been spayed or neutered, unless such person holds an unaltered animal certification for the animal issued pursuant to § 6.12.410.

(B)   Any person intentionally providing care or sustenance for a dog or cat for a period longer than two weeks shall be deemed the owner of such dog or cat and shall comply with this section.

(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 by an appropriate agency or organization approved by the Manager of Animal Services after consultation with knowledgeable professionals;

(2)   Dogs documented as having been appropriately trained and actually being legally used as a service dog such as a guide dog, hearing dog, assistance dog, seizure alert dog or social/therapy dog, or a dog designated as breeding stock by an appropriate agency or organization approved by the Manager of Animal Services, 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 by an appropriate agency or organization approved by the Manager of Animal Services after consultation with knowledgeable professionals;

(4)   A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than 30 calendar days, the owner or custodian must apply for an unaltered dog license;

(5)   A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, which date must be stated in the written confirmation.

§ 6.12.410 Unaltered Animal Certification—Administration.

(A)   The Manager of Animal Services shall administer a certification program to allow for unaltered animals over the age of six months, if and when the Manager of Animal Services determines that all of the following conditions have been met:

(1)   The owner has not been convicted of one or more violations of the following within the preceding 24 months:

         (a)   Sections 6.12.320 and 6.12.360 (biting or attacking animal) of this chapter,

         (b)   Cal. Food and Agricultural Code § 31102 (killing dog, worrying livestock),

         (c)   Cal. Civil Code § 3341 (dog threatening, killing, or injuring livestock),

         (d)   Section 6.12.060 (interference with animal services officer) of this chapter,

         (e)   Cal. Health and Safety Code § 121705 (concealing bite information),

         (f)   Cal. Penal Code §§ 487e, 487f, or 487g (theft of animal);

(2)   The owner has not been convicted of two or more violations of the following, involving the dog for whom the unaltered animal certification is sought, within the preceding 12 months:

         (a)   Section 6.12.310 (dogs running at large) of this chapter;

         (b)   Section 6.12.100 (dog license required) of this chapter;

         (c)   Cal. Food and Agricultural Code § 30955 (dog running at large on a farm).

(3)   Within the preceding 24 months, the owner has not received a Manager of Animal Services order involving the dog or cat for whom the unaltered animal certification is sought, pursuant to:

• Cal. Code of Regulations Title 17 § 2606.2 (quarantine a dog or cat for biting a person).

(4)   The dog or cat for whom the unaltered animal certification is sought has not been determined by the Manager of Animal Services to be a vicious animal pursuant to § 6.12.360 of this chapter, unless such determination has been expressly overturned through the appeal process;

(5)   The animal owner otherwise shall comply with any applicable local or state law concerning the care and housing of animals;

(6)   No unaltered animal certification shall be granted to anyone who has ever been convicted of the following offenses:

         (a)   Cal. Penal Code § 286.5 (sexual assault on animal),

         (b)   Cal. Penal Code § 596 (poisoning of animal),

         (c)   Cal. Penal Code § 597 (animal cruelty),

         (d)   Cal. Penal Code § 597.5 (fighting dogs),

         (e)   Cal. Penal Code § 599aa (seizure of fighting dogs).

(B)   Any owner of an unaltered dog or cat who has been cited for failing to obtain an unaltered animal certification shall have his or her citation dismissed if they are subsequently issued an unaltered animal certification, or if there is proof that the animal has been spayed or neutered within 30 calendar days of the issuance of the citation.

(C)   Any owner who wishes to request to apply for an unaltered animal certification may do so voluntarily or after enforcement action. Once a request has been made by any owner, the Manager of Animal Services shall provide a written response within five business days.

(D)   All applications for unaltered animal certifications are reviewed and decided by the Manager of Animal Services. The decision made to grant or deny an application is based solely on factual data obtained as it relates to the list of violations listed under this chapter. The decision by the Manager of Animal Services is final. The animal owner can reapply for an unaltered animal certification one year from the date of the previous request.

§ 6.12.420 Impoundment of unaltered dog or cat.

When an unaltered dog or cat is impounded pursuant to state and/or local law, in addition to satisfying applicable requirements for the release of the animal, the owner or custodian shall also do one of the following:

(A)   Provide written proof from a California licensed veterinarian of the dog or cat’s prior sterilization, if conditions cannot or do not make this assessment obvious to Department personnel;

(B)   Accept dog or cat after micro chipping fees and any other applicable fees.

(1)   Owner or custodian has 30 calendar days to have dog or cat sterilized and show proof to Tulare Animal Services at which time the license will be changed to an altered animal license and the difference will be reimbursed (for dogs only) or apply for an unaltered animal certification. An extension past the 30 calendar days shall be granted only if the owner or custodian provides written proof of a later set appointment for spay and neutering.

(2)   If the animal is not sterilized within the allotted 30 calendar day period or has applied for an unaltered animal certification, the owner or custodian shall be charged for an unaltered animal license (for dogs only) and an administrative citation shall be issued for having an unaltered dog or cat. However, this citation may be waived if the owner is granted an unaltered animal certification. All billing practices shall be utilized to collect any delinquent fees and penalties associated.

(3)   If in fact the dog or cat is incapable of breeding as outlined in § 6.12.400(C)(4) and (5), the owner will only be charged for an altered animal license with a notation that the animal is unaltered.

§ 6.12.430 Unaltered animal penalty for violation.

Except as otherwise provided, any person violating or causing or permitting the violation of this chapter shall be deemed guilty of an infraction, and shall be punished by a fine in accordance with § 1.61.040.