Scotts Valley Municipal Code Ch. 6.10 Regulation of Animal Breeding

The city council of the city of Scotts Valley ("city council") finds and declares that a program for mandatory spaying/neutering of cats and dogs combined with a certification system for unaltered cats and dogs owned, harbored or kept within the incorporated areas of the city is a reasonable and effective means of reducing the population of homeless or stray cats and dogs, reducing the need to euthanize healthy cats and dogs, and providing for the health, safety and welfare of the public.

(Ord. 86.3 § 1 (part), 1994)

For the purposes of this chapter, the words set out in this section shall have the following meanings:

"Unaltered animal certification" means a written authorization, issued annually by the poundmaster, giving permission to maintain an unaltered dog or cat. Fees for the certification shall be established by resolution of the city council.

"Feral cat" means a feline which is by its nature wild, or is no longer domesticated.

"Feral cat colony" means a group of two or more feral cats.

(Ord. 86.3 § 1 (part), 1994)

A. No person shall own, harbor or keep within the incorporated area of the city a dog or cat over the age of six months which has not been spayed or neutered unless such person holds an unaltered animal certification for the animal issued pursuant to Section 6.10.050.

B. Any person intentionally providing care or sustenance for a dog or cat shall be deemed the owner of such dog or cat and shall comply with this section.

C. The following animals are exempt from the provisions of this section:

1. Dogs documented as having been appropriately trained and actually being used by public law enforcement agencies for law enforcement activities, or dogs designated as breeding stock by an appropriate agency or organization approved by the poundmaster after consultation with knowledgeable professionals;

2. Dogs documented as having been appropriately trained and actually being used as a service dog such as a guide dog, hearing dog or social/therapy dog, or a dog designated as breeding stock by an appropriate agency or organization approved by the poundmaster after consultation with knowledgeable professionals;

3. Dogs documented as having been appropriately trained and actually being used by search and rescue agencies for search and rescue activities, or dogs designated as breeding stock by an appropriate agency or organization approved by the poundmaster after consultation with knowledgeable professionals;

4. Dogs or cats certified by a licensed veterinarian as having a health reason for not being spayed/neutered;

5. Dogs which are appropriately trained and actually being used for herding of other animals, or as livestock guardian dogs, or dogs designated as breeding stock by an appropriate agency or organization approved by the poundmaster after consultation with knowledgeable professionals;

6. Dogs or cats boarded in a licensed kennel or a business which boards such animals for professional training or resale.

(Ord. 86.3 § 1 (part), 1994)

A. It is unlawful for any person within the incorporated area of the city intentionally to provide food, water or other forms of sustenance to a feral cat colony unless the person furnishes the poundmaster with a signed statement agreeing to the following conditions:

1. Register with the poundmaster as caring for feral cats;

2. Regularly feed the cat colony, including weekends and holidays;

3. Regularly and frequently trap the cats over the age of eight weeks and have them spayed or neutered;

4. Arrange to have all trapped cats tested for feline leukemia and feline immune deficiency virus, and to have those who test positive humanely euthanized or isolated indoors;

5. Identify all trapped cats by tipping their ears; and

6. Arrange to have all trapped cats vaccinated for rabies in addition to any other vaccination or immunization requirement imposed by the state.

(Ord. 86.3 § 1 (part), 1994)

A. The poundmaster shall administer a certification program to allow for unaltered animals over the age of six months when the poundmaster determines that the following conditions have been met:

1. The animal is examined annually by a licensed veterinarian and is following the preventative health care program recommended by the veterinarian;

2. The owner has not had more than two violations of the animal control ordinance, Title 6 of this code, within the preceding twenty-four months;

3. The animal is properly housed and cared for as follows:

a. The animal is provided sufficient quantity of good and wholesome food and water,

b. The animal is provided shelter than will allow the animal to stand up, turn around and lay down without laying in his/her feces and the area where the animal is kept is properly cleaned and disinfected,

c. If the animal is a dog, it must be fully contained on the owner's property and be provided appropriate exercise,

d. The animal owner otherwise complies with any applicable state law concerning the care and housing of animals;

4. The owner furnishes the poundmaster with a signed statement agreeing to the following conditions:

a. The female unaltered animal will have no more than one litter per year, unless the owner furnishes the poundmaster in advance of any breeding, a written statement from a licensed veterinarian recommending that the female feline be allowed to have up to two litters per year. This written recommendation may result from the annual examination required pursuant to subsection A1 of this section.

b. Offspring of the unaltered animal will not be sold or adopted until they are at least seven weeks of age.

c. Records will be kept documenting how many offspring were produced and who adopted or purchased them.

B. Any owner advertising to the public the availability of any dog for adoption, sale, barter or other transfer must prominently display his or her unaltered animal certification number in the advertisement. The certification number shall also be provided to any person adopting or purchasing any dog or cat bred in the incorporated area of the city.

C. Commercial establishments selling locally bred dogs or cats shall prominently display the unaltered animal certification number of the animal's owner.

D. Any owner of an unspayed or unneutered dog or cat who has been cited for failing to obtain an unaltered animal certification may have his or her citation dismissed if there is proof that the animal has been spayed or neutered within thirty days of the issuance of the citation.

E. Any owner who is denied an unaltered animal certification or whose certification is revoked by the poundmaster for failure to comply with the requirements of this section may appeal such denial or revocation to the city council by following the provisions of Section 17.50.060 (I) of this code.

F. The issuance of an unaltered animal certification does not allow breeding in violation of any zoning restrictions found elsewhere in Title 17 of this code.

(Ord. 86.3 § 1 (part), 1994)

All certification revenue collected pursuant to this chapter, unless otherwise specified, shall be applied by the city as follows:

A. To recover and/or offset the costs for the enforcement, administration and support of this chapter;

B. To advance the purpose of this chapter by providing for the spaying and neutering of animals, and/or providing for the testing and immunization of feral cats.

(Ord. 86.3 § 1 (part), 1994)

Except as otherwise provided, any person violating or causing or permitting the violation of this chapter shall be deemed guilty of an infraction, and shall be punished by a fine as follows:

A. A fine not to exceed one hundred dollars for a first violation;

B. A fine not to exceed two hundred dollars for a second violation of this chapter within one year;

C. A fine not to exceed five hundred dollars for each additional violation in excess of two violations of this chapter within one year.

(Ord. 86.3 § 1 (part), 1994)

The poundmaster shall be responsible for the enforcement and administration of this chapter.

(Ord. 86.3 § 1 (part), 1994)

A. Any person who provides or offers any dog or cat to the public, whether or not for compensation, shall provide to the prospective owner, free of charge, information relating to the vaccination status of the dog or cat. In addition, the provider shall supply to the client, free of charge, information related to pet care and ownership, including information on city laws pertaining to animal control and spay/neuter programs available in the city.

B. Any person offering a dog for sale, barter, exchange or adoption, whether or not for compensation, shall disclose to any prospective owner, information regarding the licensing requirements of the city applicable to such animal.

C. No person shall present any dog or cat for sale, barter, exchange or adoption, whether or not for compensation, in any public place. "Public place" shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, flea markets and areas in front of commercial establishments. This prohibition shall not apply to:

1. Any animal rescue or humane organization or agency recognized by the poundmaster; or

2. Any cat breeder selling cats at a nationally sanctioned cat show.

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. This prohibition shall not apply to any licensed veterinarian who offers dogs or cats for sale or adoption.

E. No person shall sell, barter, exchange or offer for adoption, whether or not for compensation, any dog or cat to any person who is under the age of eighteen without the written permission of the minor's parent or legal guardian.

(Ord. 86.3 § 1 (part), 1994)

This chapter shall be reviewed by the city one year after its effective date, or earlier upon the direction of the city council or the recommendation of staff, and annually thereafter. The poundmaster shall prepare a written report concerning the effectiveness of this chapter for consideration by the city in its review.

(Ord. 86.3 § 1 (part), 1994)