After the Jan. 31 meeting, the City Attorney's office thinks the proposed draft will be voted on by the City Council on 2/7 or 2/14 (Valentine's night when folks are out on dates). Attached is a revised draft of the proposed dog breeding ordinance. Please note that this draft remains subject to further revision. Please deliver any written comments to Wesley Moore, or bring them with you to the meeting next Tuesday (Jan. 31). ---Richard Anthony, Deputy City Attorney
ORDINANCE NO. C-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH ADDING SECTION 6.16.085 AND AMENDING SECTIONS 6.16.080 AND 6.16.190 OF THE LONG BEACH MUNICIPAL CODE RELATING TO DOG BREEDING, AND AMENDING SECTION 9.65.060 OF THE LONG BEACH MUNICIPAL CODE RELATING TO ADMINISTRATIVE PENALTIES
The City Council of the City of Long Beach ordains as follows:
Section 1. Section 6.16.080 of the Long Beach Municipal Code is amended to read as follows:
6.16.080 Breeding prohibited.
No person, as principal, agent, employee or otherwise, shall breed any dog, cat or other animal at any place within the City, except as provided in Section 6.16.190. “Breeding” shall be deemed to have occurred upon the production of offspring, whether such offspring result from sexual activity or artificial insemination, and whether such sexual activity was intentional or the result of improper confinement.
Sec. 2. The Long Beach Municipal Code is amended by adding Section 6.16.085 as follows:
6.16.085 Unaltered cats in public areas prohibited. No person who owns a cat over the age of four months shall cause or allow such cat to be in any public place unsupervised, unless the cat is spayed or neutered or is certified by a licensed veterinarian as not being suitable for spaying or neutering due to health reasons. For purposes hereof, “public place” shall mean any property which is not the private property of the cat owner and which is generally accessible to the public.
Sec. 3. Section 6.16.190 of the Long Beach Municipal Code is amended to read as follows:
6.16.190 Restricted dog breeding and dog and cat transfer.
A. No person, as principal, agent, employee or otherwise, shall establish or maintain any dog kennel for breeding purposes, keep any dog for breeding purposes, or breed any dog which is owned, harbored or kept within the City, without first applying to and receiving a breeding permit to do so from the Department of Health and Human Services, Animal Control Division. “Breeding” shall be deemed to have occurred upon the production of a litter, whether such litter results from sexual activity or artificial insemination, and whether such sexual activity was intentional or the result of improper confinement.
B. The application for a breeding permit shall be filed by all of the owners of both dogs to be bred, and shall contain such information as is requested by the City, including without limitation the following:
1. A complete description of the nature and extent of the breeding to be conducted and for which application is made, including the breed of dogs proposed to be bred;
2. The address of the location at which breeding will occur and at which the litter shall be whelped;
3. The name and address of the applicant(s); and
4. A statement by the applicant(s) stating that the applicant(s) owns each of the dogs to be bred and that there are no other owners.
5. A statement by the applicant(s) stating that at least one of the litter is intended to be offered for sale.
6. A statement by the applicant(s) stating that the dogs to be bred do not have the same sire or dam.
7. A statement by the applicant(s) stating that the dam to be bred is at least two years old.
8. Such other information as may be required by the director, or designee, consistent with the purposes of this Chapter, this Code, and applicable law.
C. The Chief of Police and/or director shall conduct a background check of any applicant(s) for a breeding permit. The City shall not issue a breeding permit to any applicant for whom the Chief of Police or director determines the background to be unacceptable. Breeding permits shall not be issued to applicant(s) who are under the age of eighteen, or who have been convicted of a violation of this Section 6.16.190, Section 6.16.080, Section 6.16.110, Section 21.51.210 of this Code, or any of Sections 596 through 599 of the California Penal Code, or to owners of dogs which have been declared vicious under Section 6.16.250 or otherwise have previously bitten any person, or to owners of any breed of dog which is disproportionately responsible for dog bite complaints within the City. Breeding permits shall not be issued for the purposes of breeding any dog breeds that are not recognized by the American Kennel Club (or another organization determined by the director to be the generally recognized leading national breeding organization) and shall not be issued for the purpose of mixing breeds.
D The director shall receive any fee required for the application, and such fee shall be non-refundable. The fee for such application shall be determined by the City Council by resolution. The following dogs are exempt from the fee requirements but are subject to the other requirements of this Section:
1. Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement or rescue activities.
2. Dogs documented as guide, signal or service dogs pursuant to the California Penal Code or the California Business and Professions Code.
E. The breeding permit shall be valid for one year and shall not be transferable or assignable from one person or entity to another or from one household to another household, and only one breeding permit shall be issued per year per household, regardless of how many dogs or persons may reside in such household.
F. Once permitted by the City, the breeding permittee shall comply with each of the following operating restrictions:
1. Only one litter per year per dog may be whelped.
2. Proper shelter shall be provided for all dogs and litters. “Proper shelter” shall be defined as an enclosure with four walls, a roof and a raised floor which adequately protects from exposure to cold, heat and water, and which gives access to an enclosed yard or other open outdoor space.
3. Clean and reasonably temperate water shall be provided to all dogs at all times.
4. Nutritious food sufficient to properly nourish the dam and her litter shall be provided.
5. Dogs’ living quarters and yards shall be properly maintained at all times, including without limitation removal of feces and urine to prevent odors from entering surrounding areas.
6. Dogs shall be kept in a manner which prevents barking from disturbing occupants or users of surrounding areas.
7. Births should be reported to the director within ten business days of their occurrence.
8. No offspring shall be sold or otherwise transferred, whether for compensation or otherwise, until it has reached the age of eight weeks and has been immunized against common diseases.
G. Employees of the Animal Control Division shall have the right to inspect any property used for breeding or whelping during reasonable hours and without advance notice.
H. Failure of any person to comply with all terms and conditions of the breeding permit and applicable law shall be grounds for the revocation or suspension of said breeding permit.
I. No person, as principal, agent, employee or otherwise, shall sell or transfer, for compensation or otherwise, any dog or cat within the City, without first applying to and receiving a transfer permit to do so from the Department of Health and Human Services, Animal Control Division. Dog owners who have received a breeding permit under this Section shall not be required to apply for a transfer permit under this Section.
J. The application for a transfer permit shall be filed by all of the owners of the dogs or cats to be transferred, and shall contain such information as is requested by the City, including without limitation the following:
1. The name and address of the breeder(s) of the dogs or cats to be transferred or offered for transfer
2. The address of the location at which the dog or cat was whelped.
3. Such other information as may be required by the director, or designee, consistent with the purposes of this Chapter, this Code, and applicable law.
K. The following provisions shall apply to the sale, adoption or other transfer of dogs and cats, whether or not a transfer permit is required under this Section:
1. Any person who offers or provides any dog for sale or transfer, whether for compensation or otherwise, shall disclose to the transferee in writing information regarding the dog’s immunization history and the license and permit requirements of the City applicable to the transferred animal.
2. No person shall sell or otherwise transfer any dog without such dog having an Electronic Animal Identification Device implanted, which such device shall identify the breeding permit number under which the dog was bred or the transfer permit number, as applicable, and a description of the transferred dog including the breed, gender, color and age.
3. No person shall sell or otherwise transfer any dog without reporting the name, address and phone number of the transferee to the director within ten business days of the transfer.
4. Any advertisement to the public regarding the availability of any dog which was bred within the City for sale or transfer, whether for compensation or otherwise, shall prominently display the breeding permit number.
5. Any advertisement to the public regarding the availability of any dog or cat for sale or transfer, which was bred outside the City, whether for compensation or otherwise, shall prominently display the transfer permit number.
6. No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game or competition.
7. No person shall give away any dog or cat as an inducement to enter a place of business, or to enter into a business arrangement.
8. No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any dog or cat to any minor under the age of eighteen.
9. A valid business license shall be required for all transfers made for compensation.
L. Persons who violate any provision of this Chapter may be assessed an administrative penalty under Section 9.65 of this Code, in addition to any criminal penalties that may be assessed under Section 1.32 of this Code.
M. Possession of a valid permit under this Chapter does not entitle the permittee to engage in an activity which is otherwise prohibited by law.
Sec. 4. Section 9.65.060(D) of the Long Beach Municipal Code is amended to read as follows:
D. Fines shall be assessed in the following amounts for Code violations committed by the same responsible person:
1. A fine not exceeding $100.00 for each initial violation;
2. A fine not exceeding $200.00 for each instance of a second violation of the same Code section within one year from the date of the first violation;
3. A fine not exceeding $500.00 for each additional violation of the same Code section within one year from the date of the first violation;
4. A fine not exceeding $1,000.00 for each violation of Municipal Code section 21.41.170 relating to illegal garage conversions;
5. A fine not exceeding $500.00 for each violation of Municipal Code section 21.51.227 relating to illegal automotive work;
6. A fine not exceeding $700.00 for an initial violation of Municipal Code section 6.16.080 or 6.16.190 relating to animal breeding or a fine not exceeding $1,000.00 for each instance of subsequent violation of said Code sections within one year from the date of the first violation.