0 0 0 ORDINANCE NO. AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN, STATE OF CALIFORNIA ADDING SECTION.0.0, ADDING SECTION.0.00, AMENDING SECTIONS.0.00,.0.00,.0.0 AND.0., REPEALING AND ADDING NEW SECTIONS.0.0 AND.0.0, AND ADDING SECTIONS.0.0, AND.0.0 REGARDING MANDATORY ALTERATION OF DOGS AND CATS AND BREEDING PERMITS The following ordinance, consisting of thirteen () sections, was duly and regularly passed and adopted by the Board of Supervisors of the County of Kern, State of California, at a regular meeting of the Board of Supervisors held on the day of, 00, by the following vote, to wit: (SEAL) AYES: NOES: ABSENT: ATTEST: KATHLEEN KRAUSE Clerk of the Board of Supervisors By, Deputy Clerk Chairman of the Board of Supervisors of the County of Kern, State of California THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN ORDAINS AS FOLLOWS: Section. This ordinance shall take effect and be in full force on and after the day of, 00, and shall be published once in The Bakersfield Californian, a newspaper of general circulation, published in the County of Kern, State of California, together with the names of the members of the Board of Supervisors voting for and against the same. Book No. Ord. No. MAY, 00 Page of
0 0 Section. Section.0.0 is hereby added to Chapter.0 of the Kern County Ordinance Code to read as follows.0.0 Cat, altered. Altered cat means a cat which has been certified in writing by a veterinarian as being nonreproductive. Section. Section.0.00 is hereby added to Chapter.0 of the Kern County Ordinance Code to read as follows:.0.00 Definitions. For purposes of this Chapter, the definitions contained in Chapter.0 shall apply. Section. Section.0.00 of Chapter.0 of the Ordinance Code is hereby amended to read as follows:.0.00 License fees and regulations. A. Every owner of a dog or cat over the age of four () months in the unincorporated areas of the county, and within the incorporated city within the county which has made provisions of this title applicable to its jurisdiction and which has effect in an agreement with the county for the county to enforce the animal control provisions within such city, shall pay fees in accordance with the fee schedule as established by the board of supervisors. B. The license fee is due and payable within thirty (0) days of having the dog or cat vaccinated against rabies. C. All licenses expire at the same time their supporting rabies vaccination expires, or the previous license fees expire whichever comes first. D. Penalty. An unpaid dog or cat license fee shall become delinquent thirty (0) days after it is due and payable. Upon delinquency, a penalty shall be added to the regular fee in accordance with the fee schedule as established by the board of supervisors. Penalty fees shall accumulate and be added to each successive license period. E. Offenses--Failure to Furnish Information. Any owner of any dog or cat in the county who refuses, fails or neglects to furnish to the director fee collector, or veterinarian authorized to vaccinate and license dogs and cats and collect the license fees thereon, as provided in this chapter, information necessary to MAY, 00 Page of
0 0 0 properly vaccinate and license such dog or cat, or who resists, hinders or obstructs the director in the exercise of the director s duties, or who fails, neglects or refuses to pay any required license fee at the time and in the manner herein provided, is guilty of a misdemeanor and shall be punished as provided in Section..00 of this code. F. Any person sixty-two () years of age or older may purchase a discounted dog or cat license for not more than three () altered dogs and/or cats in accordance with the fee schedule as established by the board of supervisors. Proof of age is required at time of purchase. (Ord. G- (part), 00) Section. Section.0.00 of Chapter.0 of the Ordinance Code is hereby amended to read as follows:.0.00 Permit in lieu of license. A. A person may apply for a permit to operate a kennel. The annual fee shall be in accordance with the fee schedule as established by the board of supervisors. Said permit fees shall be in lieu of any dog or cat license required by Section.0.00, and the permitholder shall be entitled to maintain any number of animals provided the permitholder complies with the provisions of this title and any and all laws relating to kennels and the treatment of animals. B. Prior to issuing such permits the director shall determine that:. The permittee s facilities are so constructed as to prevent dogs and cats maintained or kept therein from running at large off the premises;. The permittee s facilities are constructed in a manner that will ensure that the animals maintained therein will enjoy a healthy, safe, sanitary and humane environment and not become a nuisance to the neighborhood;. The permittee has not committed any activity which, in the director s judgment, would constitute cruelty to animals;. The permittee agrees that the director may, at all reasonable times, inspect the permittee s premises and operations;. The permittee agrees to comply with the provisions of this title;. The permittee provides evidence satisfactory to the director that all dogs and cats maintained on the premises have been vaccinated consistent with this chapter. C. The director may revoke a permit upon determining that any of the conditions described herein are not being maintained by the permittee, that the permittee is in violation of this title or that the facility is being operated in a manner that constitutes a nuisance including, but not limited to, noise and odor disturbances. D. Licensed veterinary hospitals are not required to obtain kennel permits. MAY, 00 Page of
0 0 0 Section. Section.0.0 of Chapter.0 of the Ordinance Code is hereby amended to read as follows:.0.0 Sale, adoption and other transfers of live animals. 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 to the transferee information regarding the license requirements of the county of Kern applicable to the transferred animal. BA. No person shall present any live animal for sale, adoption, barter, exchange or adoption, whether for compensation or otherwise, in any public place. The term "live animal" as defined by this section shall include, but is not limited to, dogs, cats, birds, fish, poultry, rabbits and livestock. The term "public place" as defined by this section, shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, swap meets, and areas in front of commercial establishments. This prohibition shall not apply to: () Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code Section 0(c)(); 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 00 and the Nonprofit Public Benefit Corporation Law in Part of the California Corporations Code, beginning at Section 0; () Dog or cat shows; () Pet stores which sell or otherwise transfer live animals, whether for compensation or otherwise, within the store; or () Livestock auctions or similar activities. CB. 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. DC. 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. ED. No person shall sell, barter, exchange or offer for adoption, whether for compensation or otherwise, any live animal to any minor under the age of eighteen () years, without the written permission of one of the minor s parents or legal guardians. FE. Any person who provides or offers to the public, whether or not for compensation, any cat or dog shall provide to their clients, free of charge, information, relating to pet care and ownership, including information where applicable, on the licensing, registration or permit requirements applicable to such animal and laws pertaining to animal control. This required information must be in a form approved by the director. will be prepared and provided by upon request. MAY, 00 Page of
F. Any person advertising to the public the availability of any dog or cat for adoption or sale must prominently display a valid permit and license numbers in any printed media or electronic posting in which they advertise. Further, the permit and license numbers must be provided to any person adopting or purchasing a dog or cat. G. Upon placement of a dog or cat within the unincorporated or metropolitan areas of Kern County, the name address and telephone number of the new owner shall be provided to the Director. No person shall offer for sale or adoption any cat or dog on any public street, sidewalk or public park unless such person first obtains a business license to sell pets or is a recognized pet rescue/adoption agency with. (f) Prior to release for adoption, any animal adopted from any animal welfare agency shall be altered as early as is medically appropriate, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal. Section. Section.0. of Chapter.0 of the Ordinance Code is hereby amended to read as follows: 0.0. Violations - Penalties. 0 A. With the exception of those acts expressly declared in any section of this chapter to be misdemeanors, any act in violation of the provisions of any section in this chapter is an infraction punishable by a fine. These fines shall be in addition to any cost or fee provided for in this chapter for the redemption or disposition of impounded animals. A person is guilty of a separate offense for each animal and for every day during which a violation of any of the provisions of this chapter is committed, continued or permitted by such person. B. Violations of this chapter shall also be subject to the administrative penalty ordinance of Chapter. of this Code. Section. Section.0.0 of Chapter.0 is hereby repealed..0.0 Spaying and neutering of dogs and cats program. A. Department will develop a spaying and neutering program to include:. Financial assistance with the costs of spaying and neutering dogs and cats,. Offer information on other programs and veterinary services to pet owners,. Develop and disseminate spay/neuter education materials,. Implement programs encouraging spaying and neutering as well as other aspects of humane animal care, MAY, 00 Page of
0 0. Develop and maintain statistical information for use by the department to determine the best methodologies for pet population control, and. Run a foster/adoption program. B. The following requirement shall apply to the sale, adoption, giving away or other release of any dog or cat by the breeder:. Animals shall be eight () weeks of age or older.. There will be a limit of one () litter per year, per female dog or cat. Section. A new Section.0.0 is hereby added to Chapter.0 of the Kern County Ordinance Code to read as follows:.0.0. Alteration of dogs and cats required. A. Any person who owns or harbors within the unincorporated areas of Kern County, any cat or dog over the age of six () months which has not been altered, shall procure either a license to keep an unaltered dog or cat pursuant to section.0.00 of this chapter or a license and permit in lieu of a license pursuant to sections.0.00 of this chapter and a permit for breeding cats or dogs upon the breeding of same pursuant to section.0.0 of this chapter issued by the director under section.0.00 of this chapter. B. A license shall be issued for an unaltered dog or cat only when valid written documentation is provided to show proof that the animal is exempt from the requirement to be spayed or neutered by reason of the following: () The owner signs a written statement that such animal is intended to be bred and will not be allowed to breed unless the owner has first obtained a breeding permit under section.0.00 of this chapter. () The dog or cat is a breed approved by and is registered with a registry or association recognized by the director whose program and practices are consistent with the humane treatment of animals, and the dog or cat is actively used to show or compete and has competed in at least one show or sporting competition hosted by or under the approval of the recognized registry or association within the last two years, or is being trained or groomed to show or compete and is too young to have yet competed. () The dog has earned, or if under three years old, is actively being trained and in the process of earning, an agility, carting, protection, rally, hunting, working, or other title from a registry or association approved by the director. ()The dog is being trained, or has been appropriately trained, and is actively used in a manner that meets the definition of guide, signal or service dog as set forth in Subdivisions (d), (e), and (f) of Section. of the Penal Code, or the dog is enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter. (commencing with section 00) of Division of the California Business and Professions Code. MAY, 00 Page of
0 0 0 () The dog is appropriately trained, or is in the process of being trained, and is actively used by law enforcement agencies or the military for law enforcement, military or rescue activities. () The dog has earned, or if under three years old, is actively being trained and in the process of earning, a livestock herding or guarding title from a registry or association approved by the Director, and the dog is actively used for that purpose. A. The dog is actively used in the course of agricultural or livestock related work as determined by the director. () The owner of the dog or cat provides a letter to the director from a licensed veterinarian certifying that the animal s health would be best served by alteration after a specified date; or that due to age, poor health, or illness it is unsafe to alter the animal; or that arrangements have been made to alter the dog or cat within sixty (0) days after the compliance deadline and the dog or cat is altered within that sixty (0) day period. This letter shall include the veterinarian s license number, the date by which the animal may be safely altered, and updated periodically as necessary. In addition, if the letter from the licensed veterinarian certifies that arrangements have been made to alter the animal within sixty (0) days from the date the animal reaches the age of four months, and the animal is altered within that sixty (0) day period, the owner shall qualify for the lower license fee for an altered animal. It shall be the owner s responsibility to comply with the provisions of this chapter, including paying the license fee. () The dog or cat has a valid breeding permit and unaltered license issued to the owner. Any person providing care or sustenance for a period of thirty (0) days or longer shall be deemed the owner of such animal and shall adhere to the provision of the section. () Subsection A above shall not be interpreted to apply to a person caring for barn cats or a colony of feral cats if such person: () Registers (at no charge) with the Director as a caretaker for barn cats or feral cats. () Regularly feeds or arranges for the feeding of the cats, including on weekends and holidays; () Traps or makes a reasonable effort to trap all barn or feral cats over the age of eight () weeks in his/her care, and has them altered; () Has all trapped cats tested for feline leukemia and has those who test positive humanely euthanized or isolated indoors; () Identifies barn or feral cats that have been altered by means of ear notching, ear tipping, or ear tagging; and () Has all trapped cats vaccinated according to state and local laws. MAY, 00 Page of
Section. Section.0.0 of Chapter.0 is hereby repealed..0.0 Monitoring. Kern County animal control shall provide an annual report to the board of supervisors no later than fourteen () months from the adoption of the ordinance codified in this chapter and annually thereafter. An ordinance review by the board of supervisors as to the effectiveness of the ordinance codified in this chapter shall be performed five () years after adoption of the ordinance codified in this chapter. Any modifications required by this review shall be implemented. Section. A new Section.0.0 is hereby added to Chapter.0 of the Kern County Ordinance Code to read as follows:.0.0 Breeding permits; administration. A. No person shall cause or allow any dog or cat owned or harbored, in the unincorporated areas of Kern County, to breed without first obtaining a breeding permit for each animal to be bred and paying the applicable fee as adopted by the board of supervisors., under this section. B. The director shall administer a permit program to allow breeding of cats and dogs consistent with criteria and according to procedures contained in this chapter. 0 C. Each permit shall authorize the whelping of no more than one litter per female animal in any twelve () month period and no more than one litter per domestic household in any twelve () month period. D. Breeding permits may be renewed if the person applying for renewal has not been found to be in violation of any provisions of this chapter during the prior year. E. Each applicant who is issued a permit to breed cats or dogs under this section shall pay a breeding permit fee according to the then current fee schedule. F. No person shall cause or allow the breeding of a male or female dog or cat without first obtaining a breeding permit issued by the director. Such breeding 0 permit is required in addition to any license required under this code. Breeding permits shall be valid for twelve () months, renewable on an annual basis. All breeding permits shall contain the following terms and conditions and be subject to all of the following requirements: () No offspring may be sold or adopted and permanently placed until reaching an age of at least eight () weeks. () No offspring may be sold or adopted until immunized against common diseases, or until they have begun a course of disease prevention under the direction of a State of California licensed veterinarian. The breeding permittee MAY, 00 Page of
0 0 shall provide the new owner with a statement attesting to the signatory s knowledge of the animal s health and immunization history. () If within one year of placement a new owner becomes unable or unwilling to continue ownership and responsibility for an animal, the permit holder shall assist in placement of the animal. If no suitable placement can be found within six () months, the permit holder shall accept return of the animal if healthy and shall become fully responsible for its care. () The breeding permit holder shall adhere to minimum standards regarding the care and keeping of animals developed and approved by the director. Section. Section.0.0 is hereby added to Chapter.0 of the Kern County Ordinance Code to read as follows:.0.0 Revocation of permit. A. Any permit issued pursuant to Section.0.0 may be revoked if the director has reasonable cause to believe any of the following to be true: () The permittee has violated any County ordinances relating to the keeping, care or use of any animal including, but not limited to, those contained in chapter.0; () The permittee is in violation of any State law or regulation regarding animal care or control; () The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this code; or the facility is being operated in a manner that constitutes a nuisance, including but not limited to noise and odor disturbances. () The permittee refused to allow inspection, upon forty-eight () hours written notice, of any animal covered by the permit or the premises on which the animal is kept; or () The permittee has transferred, sold or otherwise disposed of the animal for which the permit was issued. B. If, after inspection, the director concludes that it is probable that one or more of the above grounds for revocation has occurred, he shall cause written notice thereof to be transmitted by mail to the address of the permittee. Said notice shall specify the grounds for the revocation of the permit and shall specify a date and time for an informal hearing to be held before the Kern County Animal Control Commission. Said date shall be not less than five days subsequent to the date the notice is mailed. After the informal hearing, the Kern County Animal Control Commission may modify the terms of the permit or revoke the permit. C. The permittee may appeal the decision of the Kern County Animal Control Commission to the Board of Supervisors if the permittee files written notice of such appeal with the Clerk of the Board of Supervisors within five () working days MAY, 00 Page of
of the decision. Section. Section.0.0 is hereby added to Chapter.0 of the Kern County Ordinance Code to read as follows:.0.0 Responsibility for enforcement. The director shall be responsible for the enforcement and administration of this chapter. MAY, 00 Page of