I received this from a friend today about Long Beach and why Eukanuba should not be putting a single dime into their economy (I know it's moving back to Tampa in a year or two, but this is of interest anyway)
"....Okay folks... read on and be amazed on what they slipped by in the Long Beach,
CA municipal codes that I have not EVER READ about in the local papers. I went
into the shelter to renew my boy's license, picked up a flyer that peaked my
interest when it said "Breeders Permit". Here is what I discovered when I went
to the website. I HAD NO IDEA that you had to have a "PERMIT" to breed ONE
LITTER per year of your wonderful dog (show dog or "pet"). Check out the
restrictions for those adopting out rescue dogs too... if you don't have the
right Rescue Club affiliations. Check it out! PETA and HSUSA are alive and
well in Long Beach, California!! Watch out....
sk
0A6.16.080 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 of this chapter. "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.
(ORD-09-0022, § 5, 2009)
6.16.085 Unaltered cats prohibited.
No person responsible for a cat over the age of four (4) months shall allow such
cat to remain unaltered, unless the cat is certified by a licensed veterinarian
as not being suitable for spaying or neutering due to health reasons.
(ORD-09-0022, § 5, 2009)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 persons
responsible for both dogs to be bred, including persons who may reside outside
of the city, 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, if different
from the breeding address, the address of the location at which the litter shall
be whelped;
3. The name and address of the applicant(s);
4. A statement by the applicant(s) stating that each applicant(s) owns either
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 (1) of the litter
is intended to be offered for sale;
6. Evidence that the dogs to be bred do not have the same sire or dam;
7. Evidence that the dam to be bred is at least two (2) years old and not
older than seven (7) years old;
8. A copy of a valid certificate of health for the dam;
9. Evidence that both dogs to be bred have electronic animal identification
devices implanted;
10. Written authorization to breed and/or whelp from the owner(s) of the
properties at which the dogs will be bred and/or whelped, if such owners are not
the applicant(s);
11. A statement by the applicant(s) stating that the applicant(s)
have
reviewed and will comply with all applicable rules and regulations regarding
breeding and keeping animals on private property;
12. Such other information as may be required by the director, 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 (18), or who have violated this
section, Sections 6.16.080, 6.16.110, and/or 21.51.210 of this Code, or any of
Sections 596 through 599 of the California Penal Code, or to persons responsible
for dogs which have been declared vicious under Section 6.16.250 of this chapter
or otherwise have previously bitten any person, or to persons responsible for
any breed of dog which is disproportionately responsible for dog bite complaints
within the city, or to persons responsible for any breed of dog which is
disproportionately euthanized 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 any other organization determined by the director to be a generally recognized leading national breeding organization) and shall not be issued for the purpose of mixing breeds.
D. Prior to processing the application, the director shall receive the
required breeding permit application fee, and such application fee shall be
nonrefundable. The breeding permit application fee shall be determined by the
city council by resolution. After processing the application but prior to
issuing a breeding permit, the director shall receive the required breeding
permit fee, and such permit fee shall be nonrefundable. The breeding permit fee
shall be determined by the city council by resolution. The following dogs are
exempt from both the application fee and breeding permit fee requirements but
are subject to the other requirements of this section to the extent such
requirements do not conflict with state or federal law:
1. Dogs documented as having been appropriately trained and actively used by
law enforcement agencies for law enforcement or rescue activities, the offspring
of which are to be used for the same purposes.
2. Dogs documented as guide, signal or service dogs pursuant to the California
Penal Code or the California Business and Professions Code, the offspring of
which are to be used for the same purposes.
E. The breeding permit shall be valid for one (1) year and shall not be
transferable or assignable from one (1) person or entity to another or from one
(1) household to another household, and only one (1) breeding permit shall be
issued per year, per household, regardless of how many dogs or persons may
reside in such household.
F. Once permitted20by the city, the breeding permittee shall comply with each
of the following operating restrictions:
1. Only one (1) litter per year, per dog per household may be whelped.
2. Proper shelter shall be provided for all dogs and litters. "Proper shelter"
shall be defined as an enclosure with four (4) 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 dame 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 shall be reported to the director within ten (10) 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 (8) weeks, has
been immunized against common diseases and has been issued a certificate of
health.
9. All offspring must have an electronic animal identification device
implanted before the age of eight (8) weeks.
G. No person shall sell or transfer, for compensation or otherwise, any dog or =0
Acat within the city, without first applying to and receiving a transfer permit
to do so from the department of health and human services, animal care services
bureau. Persons responsible for a dog who have received a breeding permit under
this section shall not be required to apply for a transfer permit under this
section. One (1) transfer permit shall be issued per litter, unless the
applicant for a transfer permit operates a pet store or is a validly
incorporated Section 501(c)(3) animal rescue organization, in which case the
transfer permit shall be issued annually.
H. The application for a transfer permit shall be filed by all of the persons
responsible for 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, or if unknown, evidence that the applicant
is a validly incorporated Section 501(c)(3) animal rescue organization;
2. The address of the location at which the dog or cat litter was whelped, or
if unknown, evidence that the applicant is a validly incorporated Section
501(c)(3) animal rescue organization;
3. Such other information as may be required by the director consistent with
the purposes of this chapter, this Code and applicable law.
I. Prior to processing the application, the director shall receive the
required transfer permit application fee, and such=2
0application fee shall be
nonrefundable. The transfer permit application fee shall be determined by the
city council by resolution. After processing the application but prior to
issuing a transfer permit, the director shall receive the required transfer
permit fee, and such permit fee shall be nonrefundable. The transfer permit fee
shall be determined by the city council by resolution. The following dogs and/or
applicant(s) are exempt from both the application fee and transfer permit fee
requirements but are subject to the other requirements of this section to the
extent such requirements do not conflict with state or federal law:
1. Dogs documented as having been appropriately trained and actively used by
law enforcement agencies for law enforcement or rescue activities, the offspring
of which are to be used for the same purposes;
2. Dogs documented as guide, signal or service dogs pursuant to the California
Penal Code or the California Business and Professions Code;
3. Validly incorporated Section 501(c)(3) animal rescue organizations.
J. 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 or cat for sale or transfer,
whether for compensation or otherwise, shall disclose to the transferee in
writing, information regarding the dog's or cat's immunization history and the
license and permit requirements of the city applicable=2
0to 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 see or otherwise transfer any dog or cat without reporting
the name, address and phone number of the transferee to the director within ten
(10) 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, auction, 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
(18).=0
A9. Proper shelter shall be provided for all dogs and cats to be transferred.
10. Clean and reasonably temperate water shall be provided to all dogs and
cats at all times.
11. Nutritious food sufficient to properly nourish the dog or cat shall be
provided.
12. Dogs' and cats' 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.
13. Dogs shall be kept in a manner which prevents barking from disturbing
occupants or users of surrounding areas.
14. A valid business license shall be required for all transfers made for
compensation.
K. Employees of the animal care services bureau shall have the right to
inspect, on more than one (1) occasion, the property of any permittee used for
breeding, whelping or holding any animals during reasonable hours and without
advance notice.
L. Failure of any person to comply with all terms and conditions of the
breeding permit or the transfer permit and applicable law shall be grounds for
the revocation or suspension of such breeding permit or transfer permit and
shall be grounds for denial of future breeding and/or transfer permits.
M. Possession of a valid breeding or transfer permit under this chapter does
not entitle the permittee to engage in an activity which is otherwise prohibited
by law.
(ORD-09-0022, § 5, 2009)