Tracy Municipal Code Art. 5 Limitations on Number of Dogs and Cats

It shall be unlawful to own, keep or harbor more than three (3) adult dogs and/or three (3) adult cats at the same residence without first obtaining a multiple pet permit. For purposes of this section a cat or dog is considered to be an adult at four (4) months of age.

(Ord. No. 1133, l § 1, 3-3-2009)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

(a) Any person who desires to keep more than three (3) dogs and/or three (3) cats at any single residence in the City must apply to Animal Services for a multiple pet permit. A multiple pet permit shall be effective for five (5) years and must be renewed upon expiration.

(b) The application must be made on a form provided by Animal Services and there shall be paid a nonrefundable application fee, the amount of which shall be set by Council resolution, and revised from time to time, in an amount sufficient to recover the costs of administering the multiple pet permit program.

(c) The application shall identify the owner by name, address and telephone number, the animals by name, breed, age, sex and for dogs, City of Tracy License Number.

(d) Upon receipt of the application and application fee, Animal Services shall serve notice of application and comment cards to neighboring property owners within a 100-foot radius of the applicant's residence.

(e) An Animal Services Officer shall inspect the applicant's property to determine if the size and condition of the property is adequate for keeping additional animals, and whether the manner of keeping the additional animals may violate any of the provisions of this chapter or of State or Federal law.

(f) An Animal Services Officer shall investigate whether there have been previous complaints regarding animals involving the applicant in accordance with section 5.08.430(c).

(Ord. No. 1133, l § 1, 3-3-2009; Ord. No. 1308, § 1(Exh. A), 6-1-2021)

(a) Issuance of a multiple pet permit is at the sole discretion of the Police Chief or designee, based on the criteria set forth in this section.

(b) At no time shall a permit be granted allowing more than five (5) dogs and/or five (5) cats. For the purposes of title 10 of this Code, the number of permitted dogs or cats allowed pursuant to the permit process set forth in this article shall not be counted in determining whether the residence meets the definition of "kennel".

(c) Permits shall not be granted when credible complaints exist regarding animals, kept at the applicant's current or previous residence, causing excessive noise, being overly aggressive, or running at large. The investigating Animal Services Officer shall determine the credibility of such complaints based on a preponderance of evidence standard.

(d) Permits shall not be granted when, in the discretion of the investigating Animal Services Officer, the condition of the residence is unsuitable for the health or proper containment of dogs or cats.

(e) Permits shall not be granted if neighboring property owners or persons in lawful possession of such neighboring properties provide credible testimony that the existing animals at the applicant's residence cause excessive noise, are overly aggressive, or have been found running at large. The investigating Animal Services Officer shall determine the credibility of such testimony based on a preponderance of evidence standard.

(f) Permits shall not be granted when, in the discretion of the investigating Animal Services Officer, additional animals may cause unreasonable noise, aggression, or sanitation issues.

(g) Permits shall be granted or denied within sixty (60) days of the Animal Services Division's receipt of a complete and accurate application, application fee and if approved, a permit fee.

(h) Denials of an application may be appealed to the City Manager, or designee, following the procedures set forth under section 1.12.010 of this Code.

(Ord. No. 1133, l § 1, 3-3-2009; Ord. No. 1308, § 1(Exh. A), 6-1-2021)

(a) The permit may be revoked at any time by Animal Services when credible complaints on the keeping of additional animals are received or the applicant has provided false information on application. The investigating Animal Services Officer shall determine the credibility of such complaints based on a preponderance of evidence standard.

(b) Revocations may be appealed to the City Manager, or designee, following the procedures set forth under section 1.12.010 of this Code.

(Ord. No. 1133, l § 1, 3-3-2009; Ord. No. 1308, § 1(Exh. A), 6-1-2021)