Victorville Municipal Code Ch. 7.05 Breeding Regulations for Dogs and Cats

It is the purpose of this chapter to regulate and encourage responsible and humane breeding of dogs and cats by regulating the practices of dog and cat breeders. This chapter serves the community's interest in promoting, protecting, and improving the health, safety, and welfare of its residents by establishing these regulations.

(Ord. 2181 § 1 (part), 2006)

For purposes of this chapter, the following definitions shall apply:

"Applicant" means and refers to the person who is applying for a breeding license or for a renewal of a breeding license.

"Breeder" means and refers to any person who breeds dogs or cats for purposes of sale.

"Breeding license" or "license" means and refers to a written authorization, issued annually by the city of Victorville giving its holder permission to breed dogs or cats for purposes of sale.

"City council" means the city council of the city of Victorville or its designated impartial hearing officer.

"City manager" means the city manager of the city of Victorville or his or her designee.

"Director of public works" means the director of public works of the city of Victorville or his or her designee.

"Licensee" means and refers to the person who has been approved for a breeding license.

"Person" means and refers to a person, corporation, organization or any other entity.

"Unaltered" means and refers to an animal that has not been spayed or neutered.

(Ord. 2181 § 1 (part), 2006)

It shall be unlawful for a person to breed or cause to be bred any dog or cat for purposes of sale without first obtaining a breeding license.

(Ord. 2181 § 1 (part), 2006)

Applications for a breeding license or a renewal of a breeding license required by this section shall be filed with the city manager upon printed forms to be prescribed and supplied by the city. Each application, or renewal, shall be signed under penalty of perjury by the applicant.

(Ord. 2181 § 1 (part), 2006)

(Ord. No. 2440, § 14, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 14, 6-6-23, eff. 6-7-23)

After receipt of a completed application, the city manager shall make an inspection of the premises for which the breeding license is requested. No breeding license shall be issued or renewed until the city manager ensures that the establishment is in good order and in sanitary condition, and is conducive for dog and/or cat breeding. As a condition to the issuance of the breeding license, the applicant shall agree to allow such entry and inspection, and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours at times when the applicant is present on the premises, and with such frequency as the city manager deems appropriate. Willful refusal on the part of the applicant shall be grounds for summary denial of an application or renewal of a breeding license.

(Ord. 2181 § 1 (part), 2006)

(Ord. No. 2440, § 15, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 15, 6-6-23, eff. 6-7-23)

All breeding licenses shall contain the following terms and conditions:

(1) The owner of an unaltered female dog or cat shall not allow the whelping of more than one litter per female in any twelve-month period.

(A) Notwithstanding this provision, the city manager is hereby authorized, upon application, to allow on a one-time basis the whelping of up to two dog or cat litters per breeding animal within any establishment or domestic household within a twelve-month period, if the applicant establishes that such breeding is required to protect the health of the animal or avert a substantial economic loss to the applicant. In the event that an applicant is forced to euthanize a litter of dogs or cats, the city manager may authorize the whelping of one additional litter of dogs or cats within the same license year by the licensee.

(2) No offspring may be sold until it has reached the age of at least eight weeks.

(3) No offspring may be sold until immunized against common diseases. The sale of a dog or cat shall include a statement acknowledging the animal's health, and the animal's immunization history. This statement shall be signed by the breeder or attested to by the purchaser.

(4) Any licensee who advertises to the public the availability of any dog or cat for sale must prominently display the breeding license number in any such advertisement. Further, the licensee must provide the license number to any person who purchases any animal from the licensee and include the license number on any receipt of sale or transfer document.

(5) Commercial establishments selling locally bred dogs or cats shall prominently display their breeding license number. Commercial establishments selling dogs or cats which were not bred within the city of Victorville, shall prominently display the name and address of the breeder of such dogs and cats.

(6) Any licensee selling a dog or a cat shall submit to the city of Victorville, department of public works, the name, address, and telephone number of the animal's new owner within five days from the date of sale or other transfer.

(7) When an animal is temporarily in the city of Victorville for breeding purposes, the owner of such animal is required to have and present, when requested, a certificate of health signed by a licensed veterinarian within the prior thirty-day period.

(Ord. 2181 § 1 (part), 2006)

(Ord. No. 2440, § 16, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 16, 6-6-23, eff. 6-7-23)

(a) Prior to the issuance of any breeding license, the applicant shall pay a nonrefundable annual license fee in an amount determined by resolution of the city council.

(b) The breeding license fee shall be in addition to any other licensing fees, or any other fees, set forth in the Victorville Municipal Code.

(Ord. 2181 § 1 (part), 2006)

Each breeding license shall be valid for a period of one year and shall be renewed on an annual basis until the animal to be bred dies or otherwise ceases to be used for breeding purposes.

(Ord. 2181 § 1 (part), 2006)

No license issued pursuant to this chapter shall be transferable.

(Ord. 2181 § 1 (part), 2006)

(a) Breeders are exempt from obtaining a breeding license for the following animals:

(1) Dogs being used by law enforcement agencies for law enforcement and rescue activities;

(2) Dogs documented as guide, signal, or service dogs pursuant to California Penal Code Section 365.5 et seq.;

(3) Dogs enrolled in guide, signal or service dog breeding programs administered by a person licensed under appropriate licensing agencies;

(4) Dogs and cats under the care of governmental animal control agencies;

(5) Dogs and cats under the care of animal rescue organizations recognized by the city of Victorville that implement spaying/neutering and adoption plans;

(6) Dogs and cats under the care of humane societies or societies for the prevention of cruelty to animals that are incorporated or nonprofit benefit corporations.

(Ord. 2181 § 1 (part), 2006)

(a) The city manager may deny the application or renewal of a breeding license for any of the following reasons:

(1) Applicant does not allow the reasonable inspection of the premises by the city manager;

(2) Inspection of the premises reveals conditions not suitable for dog or cat breeding;

(3) Applicant made a false, misleading or fraudulent statement of a material fact in an application for a breeding license, or in any report or record required to be filed with the city of Victorville;

(4) Applicant committed an act which violates any rule or regulation adopted by any governmental agency relating to the licensee's business, if any, including, but not limited to, failure to pay local taxes, fees or assessment imposed by the city, or any district created by the city;

(5) Applicant violated any condition or restriction of the breeding license;

(6) Applicant conducted the breeding of dogs and cats in a manner contrary to the health, safety and the general welfare of the public;

(7) Applicant has been convicted of or pled no contest to any crime involving animal cruelty or neglect.

(b) The decision of the city manager shall be in writing. If the decision is to deny the application or renewal of a breeding license, he shall inform the applicant in writing by issuing a notice of denial. The notice of denial shall state the reasons for the denial, as well as a provision informing the applicant of his or her right to appeal the decision to the city council within ten days of the service of the notice of denial. The notice of denial shall be sent first class mail return receipt requested.

(Ord. 2181 § 1 (part), 2006)

(Ord. No. 2440, § 17, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 17, 6-6-23, eff. 6-7-23)

(a) The decision of the city manager may be appealed to the city council by filing a request for appeal with the city clerk no later than ten days after the date of the service of the notice of denial. Upon a timely request for appeal, the city clerk shall set the appeal hearing for a regularly scheduled or special city council meeting not later than thirty days after receipt of the request for appeal. Notice of such appeal hearing shall be given to the appellant not fewer than five days prior to the hearing. The notice of the appeal hearing shall provide the date and time of hearing, the right of the appellant to be accompanied by counsel at the hearing, the right of the appellant to call and examine witnesses and to cross-examine opposing witnesses.

(b) After the expiration of the appeal period to the city council, the decision of the city manager shall be final and conclusive unless an appeal was timely filed in accordance with the provisions set forth above.

(c) In considering the appeal, the city council shall conduct the hearing and may uphold, reverse, or amend any decision of the city manager. The decision of the city council shall be delivered to applicant within ten days of the hearing on appeal either personally or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the applicant has provided the city council with written notice of a change in address, in which case the notice shall be sent to such address. The decision shall be supported by written findings and shall include notification of Section 1094.6 of the California Code of Civil Procedure.

(Ord. 2181 § 1 (part), 2006)

(Ord. No. 2440, § 18, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 18, 6-6-23, eff. 6-7-23)

(a) Notice of Hearing.

(1) Prior to any suspension or revocation of a breeding license, the city manager shall hold a hearing to determine whether suspension or revocation is warranted.

(2) The city manager shall serve a notice of hearing for suspension or revocation upon the licensee either personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the licensee has provided the city manager with written notice of a change in address, in which case the notice shall be sent to such address.

(3) The notice of hearing for suspension or revocation shall state the proposed action, the reasons for the proposed action, any code sections allegedly violated, the right of the licensee to a hearing, the right of the licensee to be accompanied by counsel at the hearing, and the date and time of the hearing. The hearing shall be set no earlier than five days from the date of the notice of hearing for suspension or revocation, and no later than twenty days from the service of the notice of hearing for suspension or revocation, or on another date that is mutually agreed upon in writing by the licensee and the city manager.

(b) The city manager may suspend or revoke a breeding license based upon any of the following findings:

(1) Licensee allows premises to become or remain in a condition not suitable for dog or cat breeding;

(2) Licensee made any false, misleading or fraudulent statement of a material fact in an application for a breeding license, or in any report or record required to be filed with the city;

(3) Licensee committed any act which violates any rule or regulation adopted by any governmental agency relating to the licensee's business, if any, including, but not limited to, failure to pay local taxes, fees or assessment imposed by the city, or any district created by the city;

(4) Licensee violated any condition or restriction of the breeding license;

(5) Licensee conducted the breeding of dogs and cats in a manner contrary to the health, safety and the general welfare of the public;

(6) Licensee has been convicted of or pled no contest to any crime involving animal cruelty or neglect.

(b) The decision of the city manager shall be in writing. If the decision is to suspend or revoke the licensee's breeding license, the city manager shall issue a written notice of revocation or suspension. The notice of revocation or suspension shall state the reasons for the revocation or suspension, the effective date of the revocation or suspension, as well as a provision informing the licensee of his or her right to appeal the decision to the city council within ten days of the service of the notice. The notice of revocation or suspension shall be mailed to licensee within ten days of the hearing either personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the licensee has provided the city manager with written notice of a change in address, in which case the notice shall be sent to such address.

(Ord. 2181 § 1 (part), 2006)

(a) The decision of the city manager may be appealed to the city council by filing a request for appeal with the city clerk no later than ten days after the date of the service of the notice of revocation or suspension. Upon a timely request for appeal, the city clerk shall set the appeal hearing for a regularly scheduled or special city council meeting not later than thirty days after receipt of request for appeal. Notice of such appeal hearing shall be given to the appellant not fewer than five days prior to the hearing. The notice of the appeal shall provide the date and time of hearing, the right of the licensee to be accompanied by counsel at the appeal hearing, the right of the appellant to call and examine witnesses and to cross-examine opposing witnesses.

(b) After the expiration of the appeal period to the city council, the decision of the city manager shall be final and conclusive unless an appeal was timely filed in accordance with the provisions of the Victorville Municipal Code.

(c) In considering the appeal, the city council shall conduct the appeal hearing and may uphold, reverse, or amend any decision of the city manager. The decision of the city council shall be mailed to applicant within ten days of the hearing either personally and/or by certified mail, and/or by regular U.S. mail, to the address last shown on the application for a license, unless the licensee has provided the city manager with written notice of a change in address, in which case the notice shall be sent to such address. The decision shall be supported by written findings and shall include notification of Section 1094.6 of the California Code of Civil Procedure.

(Ord. 2181 § 1 (part), 2006)