§ 5-4.505. Sale, Adoption and Other Transfers of Dogs and Cats.

(a)

Any person who offers or provides, whether for compensation or otherwise, any dog or cat for sale or other type of transfer, shall disclose the transferee information regarding the dog license and permit requirements of the City of Modesto applicable to the transferred animal.

(b)

No person shall present any unaltered dog or cat under six (6) months of age for sale, barter, exchange, or adoption, whether for compensation or otherwise, in any public place, without first obtaining a litter permit pursuant to City of Modesto Municipal Code Section 5-4.503. The term public place shall include, but not be limited to, streets, highways, sidewalks, parks, carnivals, shopping malls, flea markets, boardwalks, and areas in front of commercial establishments. This prohibition shall not apply to:

(1)

Government agencies, nonprofit animal rescue organizations exempt from taxation under Internal Revenue Code Section 501(c)(3); 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;

(2)

Show dogs or show cats; or

(3)

Permitted pet stores which sell or otherwise transfer dogs or cats, whether for compensation or otherwise, within the store.

(c)

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.

(d)

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.

(e)

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 (18) years without the written permission of one (1) of the minor's parents or legal guardians.

(f)

Commercial establishments selling dogs and cats which were not bred within the County of Stanislaus 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 or his/her designee.

(g)

Failure to display the litter permit number or include it in any advertisement for sale, adoption or other transfer of dogs and cats is an infraction punishable by a one hundred dollar ($100.00) fine for the first occurrence, two hundred dollars ($200.00) for the second occurrence and three hundred dollars ($300.00) for each subsequent occurrence. Each day a violation occurs is a separate violation.

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