§ 5-4.503. Litter Permit.

(a)

No person shall cause or allow any dog or cat owned, harbored or kept within the City of Modesto to breed without first obtaining a litter permit. The term litter permit means a written authorization, issued annually by the Stanislaus County Department of Animal Services Director or his/her designee, giving its lawful holder permission to breed a dog or a cat.

(b)

Each litter permit shall be valid for one (1) year from the date of issuance, and may be renewed annually before its expiration date. Each applicant for a litter permit shall pay an annual fee, as prescribed by the City Council and set forth in Section 5-2.201 of this title.

(c)

The Stanislaus County Department of Animal Services shall administer an animal litter permit program to allow the breeding of unaltered dogs and cats consistent with criteria and according to procedures established by the Stanislaus County Department of Animal Services Director. Under no circumstances shall such a litter permit be issued to a person who has been convicted of animal cruelty or neglect.

(d)

In addition to the criteria and procedures established by the Stanislaus County Department of Animal Services Directors, litter permits shall contain the following terms and conditions:

(1)

The owner of an unaltered female dog or cat shall not allow the whelping of more than one (1) litter per animal in any household within the permit year. Notwithstanding this provision, the Stanislaus County Department of Animal Services Director or his/her designee is hereby authorized, upon application of a permittee, to allow, on a one (1) time basis, the whelping of up to two (2) dog or cat litters per breeding animal within any domestic household within a permit year, if the permittee established, according to regulations promulgated by the Stanislaus County Department of Animal Services, including a veterinarian verification of health status that such breeding is required due to the health of the animal. In the event that a permittee is forced to euthanize a litter of dogs or cats, the Stanislaus County Department of Animal Services Director or his/her designee may authorize the whelping of one (1) additional litter of dogs or cats within the same permit year by the permittee.

(2)

No offspring may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least seven (7) weeks and the offspring have received its first immunization against common diseases.

(3)

Any holder of a litter permit 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 litter permit number in any such advertisement. Further, the litter permit holder must provide the permit number to any person who purchases, adopts or receives any animal from the permit holder and include the permit number on any receipt of sale or transfer document.

(4)

Commercial establishments selling locally bred dogs or cats shall prominently display the litter permit number(s) of the breeder(s) whose dogs and cats are sold in said establishments and any other pertinent information required by the Stanislaus County Department of Animal Services Director or his/her designee; commercial establishments selling dogs and cats which were not bred within the City of Modesto shall prominently display the name and address of the breeder(s) of such dogs and cats and any other pertinent information required by the Stanislaus County Department of Animal Services Director.

(5)

Any litter permit holder selling or otherwise transferring a dog or cat, whether for compensation or otherwise, shall maintain records for a period of three (3) years containing the name, address, and telephone number of the animal's new owner on a Stanislaus County Department of Animal Services' approved form.

(6)

Any litter permit holder or commercial establishment which sells or otherwise transfers a dog or cat, whether for compensation or otherwise, shall provide to the new animal owner written information regarding the license and permit requirements of the City of Modesto applicable to such animal.

(7)

Any litter permit holder shall have his/her dog or cat microchipped or have some other form of identification acceptable to the Stanislaus County Department of Animal Services and shall register the dog or cat with the Stanislaus County Department of Animal Services.

(e)

The following animals are exempt from the litter permit 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 Sections 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 the Stanislaus County Department of Animal Services 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; and

(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.

(Added by Ord. 3398-C.S., § 1, effective 12-01-05)