Fresno County Municipal Code Ch. 9.05 Breeding, Transfer and Sale of Dogs and Cats

This Chapter shall be known as the Breeding, Transfer and Sale of Dogs and Cats Ordinance. The Board of Supervisors for the County of Fresno (Board) finds and declares that there exists a serious pet overpopulation problem of dogs and cats within the unincorporated areas of Fresno County that has resulted in a threat to public safety and health, inhumane treatment of animals, euthanasia of healthy animals at the local animal services, and escalating costs for animal care and control. The Board finds that uncontrolled breeding is a cause and, without further action this problem and its serious consequences will remain unabated and will increase in severity.

The Board finds that part of the solution is for all dogs and cats over the age of four (4) months to be spayed or neutered, unless their owners purchase from the County a license for dogs described in Section 9.05.030, for the privilege of maintaining the dog unaltered and/or a breeding permit for dogs or cats to allow them to breed as provided in Section 9.05.040. Further, the Board finds that regulation of the transfer of dogs and cats will help alleviate the County's pet overpopulation crisis by allowing County control over enforcement of dog and cat breeding provisions and limiting the means of obtaining a dog or cat.

(Ord. No. 25-016, § 2, 7-8-2025)

The following words and terms used in this Chapter are defined for the purpose thereof as follows:

A. "Accidental Breeding" means an unplanned or accidental mating between unaltered dogs or cats that occurs without the owner's intention due to unforeseen circumstances or lack of preventative measures.

B. "Adoption Event" means a planned event with signage indicating in writing that the event is an "Adoption Event", often scheduled and timebound where dogs and or cats from - government agencies, nonprofit animal rescue organizations exempt from taxation under Internal Revenue Code section 501(c)(3), humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of the California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110 - are brought together with potential adopters.

C. "Alter" means to spay or neuter.

D. "At large" means any animal when it is off the property (located in an unincorporated area of Fresno County) of its owner thereof and it is not restrained by leash under the immediate control of a person physically capable of retaining control of the animal. At large shall also mean when an animal is on the property of its owner or possessor but there is no fence or adequate enclosure on such property sufficient to prevent ingress and egress of the animal or the animal is not under the immediate presence of its owner.

E. "Breeder" means a person who owns and breeds a dog or cat and sells the offspring for money or other consideration.

F. "Cat" means a cat of any age or gender.

G. "County business days" means the days of the week the County is open for business, excluding County holidays.

H. "Dog" means a dog of any age or gender.

I. "Neuter" means a surgical removal of both testes.

J. "Offspring" means the product of the reproductive processes of a cat or dog.

K. "Owner" means the legal owner and/or anyone in lawful possession of or in charge of a dog or cat.

L. "Person" means any person, firm, company, association or corporation, their agents or employees.

M. "Spay" means surgical removal of both ovaries and the uterus.

N. "Unaltered' means a dog or cat that has not been spayed or neutered.

(Ord. No. 25-016, § 2, 7-8-2025)

A. No person shall own a dog or cat that is over the age of four (4) months in the County that is not spayed or neutered unless, in the case of dogs, the owner has applied for and received an unaltered dog license or, in the case of dogs and cats, the owner has applied for and received a breeding permit pursuant to this Chapter.

B. No owner of an unaltered female dog or cat shall allow the dog or cat to breed without first obtaining a breeding permit pursuant to this Chapter.

C. A violation of this Section 9.05.030 is punishable pursuant to Section 9.05.060.

(Ord. No. 25-016, § 2, 7-8-2025)

A. No person shall cause or allow any dog or cat owned, harbored or kept within the County to breed without first obtaining a breeding permit, as described below.

B. Applications for a breeding permit pursuant to this Chapter shall be filed with Animal Services on a form prescribed by the County Administrative Officer or his or her designee. Each applicant must pay a non-refundable administrative application fee of $50 separate from the amount that will be due for the cost of a permit if granted. The fee for a breeding permit shall be set in the Master Schedule of Fees. Said permit fees will be put into a fund for use by Animal Services.

C. The Sheriff, or his or her designee shall conduct a background check of any applicant(s) for a breeding permit. The County shall not issue a breeding permit to any applicant for whom the Sheriff or his or her designee determines the background to be unacceptable. Breeding permits shall not be issued to any applicant(s) who are under the age of eighteen (18), or who have violated any section of this Chapter, or any of Sections 596 through 599 of the California Penal Code, or to persons responsible for dogs which have been declared vicious or dangerous under Section 9.04.300 of Chapter 9.04 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 County, or to persons responsible for any breed of dog which is disproportionately euthanized within the County. Breeding permits shall not be issued for the purposes of breeding any dog breeds that are not recognized by the American Kennel Club, or that are not commonly accepted as established dog mixes by the public, e.g. poodle mixes such as Labradoodles or Goldendoodles (or any other organization determined by the County Administrative Officer or his or her designee to be a generally recognized leading national breeding organization) and shall not be issued for the purpose of mixing breeds.

D. Applications for a breeding permit for a dog will require the owner to possess an unaltered dog license and possess a business tax license certificate from the County Administrative Officer or his or her designee; and to maintain the certificate while in operation. Applications for a breeding permit for a cat will require the owner to possess a business tax license certificate from the County Administrative Officer or his or her designee, and to maintain the certificate while in operation.

E. The term breeding permit shall mean a written authorization, issued annually by the County Administrative Officer or his or her designee, giving its lawful holder permission to breed a dog or cat.

F. Each breeding permit shall be valid for one (1) year from the date of issuance and may be renewed annually before its expiration date.

G. Each applicant for such permit shall pay an annual fee as specified in the Master Fee Schedule.

H. A separate permit must be obtained for each owned dog or cat which is allowed to breed.

I. The County Administrative Officer or his or her designee shall administer an animal breeding permit program to allow the breeding of unaltered dogs and cats consistent with criteria and according to procedures established by the County Administrative Officer or his or her designee. Under no circumstances shall such permit be issued to a person who has been convicted of animal cruelty or neglect.

J. In addition to the criteria and procedures established by the County Administrative Officer pursuant to this Chapter, all breeding permits shall contain the following terms and conditions:

1. The owner of an unaltered female dog or cat shall not allow the whelping or queening of more than one (1) litter within the permit year.

2. The following dogs are exempt from both the application fee and breeding permit fee requirements but are subject to other requirements of this Chapter and Chapter 9.04 to the extent such requirements do not conflict with State or federal Law:

a. Dogs documented as having been 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.

b. 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.

K. An owner shall only be allowed up to three (3) breeding permits per household. Anyone wanting more than three (3) breeding permits must apply for a Kennel license as per Section 9.04.050 of Chapter 9.04.

(Ord. No. 25-016, § 2, 7-8-2025)

A. No offspring of any dog or cat may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until such offspring has reached the age of at least eight (8) weeks.

B. No person shall present any dog or cat for sale, barter, exchange, or adoption, whether for compensation or otherwise, in any public place within the County. The term public place shall include, but not be limited to streets, highways, sidewalks, businesses, shopping malls, flea markets, swap meets, 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 the California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110. This exception to the prohibition also applies to Section 9.04.115 of Chapter 9.04 Adoption Events at swap meets allowed.

2. Permitted dog or cat shows.

3. Permitted pet stores which sell or otherwise transfer dogs or cats, whether for compensation or otherwise, within the store pursuant to Health and Safety Code Section 122350 et seq.

C. Notwithstanding the exceptions provided in Section 9.05.050(B)(1), no person shall present any dog or cat for sale, barter, exchange, or adoption, whether for compensation or otherwise, on private property within the County, or the internet when social media and or websites are used to engage the public for the purpose of the sale, barter, exchange, or adoption of a dog or cat within Fresno County, without first obtaining a breeding permit and business license from the County, regardless of whether the dog or cat to be sold, bartered, exchanged, or adopted, whether for compensation or otherwise was bred or born in the County.

D. The owner of an unaltered dog must prominently display their unaltered dog license and business license in any advertisement to the public for sale, adoption, barter or transfer (whether for compensation or otherwise) of said unaltered dog, and in the case of such dog's offspring display of the breeding permit is also required. The owner must provide the unaltered dog license number and business license to any person who purchases, adopts or receives an unaltered dog, as well as the breeding permit if their offspring are for sale, and the same information is required on any receipt of sale or transfer document.

E. Any advertisement to the public for the sale, adoption, barter or transfer (whether for compensation or otherwise) of any offspring of a cat must include the prominent display of the owner's breeding permit and business license. The owner must provide the breeding permit and business license information to any person who purchases, adopts or receives the offspring of a cat and the same information shall be included on any receipt of sale or transfer document.

F. 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.

G. No person shall give away any dog or cat as an inducement to enter a place of business.

H. No person shall sell or give away any dog or cat in any public place or in front of any business not owned by him/her or at any swap meet except for the entities described in Chapter 9.04.115.

I. 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.

J. Failure to display the breeding permit number or unaltered dog license number and include it in any advertisement for sale, adoption or other transfer of dogs and cats is an infraction punishable in accordance with Subsection 9.05.060(G) below.

K. 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 written information regarding the license and permit requirements of the County applicable to the transferred dog or cat.

L. Possession of a valid permit under this Section of the Code does not entitle the permit holder to engage in activity which is otherwise prohibited by law.

(Ord. No. 25-016, § 2, 7-8-2025)

A. Any dog owner found by the County to be in violation of Section 9.05.030 of this Chapter (Unaltered Dog License requirement) may correct the violation(s) by obtaining the necessary license(s) no later than thirty (30) days from the date the County first provided the owner with a notice of violation. If the owner fails to correct the violation(s) in the manner described, a civil penalty of one thousand dollars ($1,000) per dog in violation will be issued to the dog(s) owner. Failure to pay the civil penalty and to resolve the continuing violation of this Section within thirty (30) days of the imposition of the civil penalty shall become a misdemeanor and punishable by up to six (6) months in jail.

B. Any cat or dog owner found by the County to be in violation of the breeding permit requirements of this Chapter as a result of an accidental breeding may correct the violation(s) by providing conclusive proof to the County Office Administrator or his or her designee that their dog(s) or cat(s) have been spayed or neutered, or by obtaining the necessary permit(s) in this Chapter, no later than thirty (30) days from the date when the County first provided the owner with a notice of violation. If the owner fails to correct the violation(s) in the manner described, a civil penalty of one thousand dollars ($1,000) per dog or cat will be issued to the dog or cat owner. This penalty shall not be waived by the County upon the transfer or abandonment of the dog(s) or cat(s) by the non-compliant owner. This penalty shall be in addition to any other applicable civil or criminal penalties. Failure to pay the civil penalty and to resolve the continuing violation of this Section within thirty (30) days of the imposition of the civil penalty shall become a misdemeanor punishable by up to six (6) months in jail.

C. If the County Administrative Officer or his or her designee finds evidence indicating that a dog or cat owner intentionally violated the breeding permit and or unaltered dog requirements of this Chapter then the dog or cat owner shall be immediately issued a civil penalty of one thousand dollars ($1,000) and be required to spay or neuter his or her dog(s) or cat(s) and obtain a breeding permit(s) and unaltered dog or cat license(s) required under this Chapter. Failure to pay the civil penalty and to resolve the continuing violation of this Section within thirty (30) days of the imposition of the civil penalty shall become a misdemeanor punishable by up to six (6) months in jail.

D. A second violation of the same Code Section within one (1) year from the date of the first violation, is punishable by six (6) months in jail and an additional $1,000 penalty per dog or cat.

E. The County may revoke any permit issued pursuant to this Chapter upon a finding that the permit holder has violated its terms and conditions. Such finding shall be made after an administrative hearing pursuant to Chapter 1.13 of this Code.

F. Any appeal of a civil penalty imposed for a violation(s) of this Chapter will require following the procedures described in Chapter 1.13 of this Code.

G. Except as specifically mentioned in Subsection A., B., C. and D. of this Section, failure to comply with any of the requirements of this Chapter shall be an infraction punishable by the following:

1. A fine not exceeding one hundred dollars ($100) for a first violation.

2. A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one (1) year of the first violation.

3. A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one (1) year of the first violation.

(Ord. No. 25-016, § 2, 7-8-2025)