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HomeMy WebLinkAboutORD NO 5149149 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD ENACTING CHAPTER 6.09 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO BREEDER PERMITS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 6.09 of the Bakersfield Municipal Code is hereby enacted to read as follows: 6.09 Breeder permits. Sections: 6.09.010 Breeder permit required. 6.09.020 Breeder permit —Standards. 6.09.030 Penalty for Violation. 6.09.040 Severability. 6.09.010 Breeder permit required. A. No person shall cause or allow any dog owned, harbored, or kept within the jurisdiction of the City to breed with the intent to sell or transfer the offspring for money without first obtaining a breeder permit, in addition to an unaltered certification pursuant to Chapter 6.07. A breeder permit is written authorization, issued by City's Director of Animal Control or authorized designee, giving permission to breed a dog. The breeder permit shall be valid for one (1) year from the date of issuance and may be renewed annually prior to the expiration date. Each applicant for a breeder permit shall pay an annual fee as prescribed by the City Council and set forth in the fee schedule. Under no circumstances shall a breeder permit be issued to a person who has been convicted of animal cruelty or neglect. B. The Director of Animal Control shall establish procedures for and administer a breeder permit program to allow the responsible breeding of unaltered dogs. In addition to the procedures set forth by the Director of Animal Control, breeder permit holders shall be subject to the following terms and conditions: �gAKxc -- Page 1 of 4 Pages ORIGINAL 1. Any breeder permit holder who advertises to the public the availability of any dog for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the breeder permit number in any such advertisement. Further, the breeder permit holder must provide the permit number to any person who purchases, adopts, or receives any animal from the permit holder and include the permit number on any receipt of sale or transfer document. 2. Breeder permits will not be issued for animals under 12 months of age or over seven (7) years of age. 3. Any breeder permit holder selling or otherwise transferring a dog, whether for compensation or otherwise, shall maintain records for a period of three (3) years containing the name, address, and telephone number of the animal's new owner on a form approved by the Director of Animal Control. 4. Any breeder permit holder which sells or otherwise transfers a dog, whether for compensation or otherwise, shall provide to the new animal owner written information regarding the license and permit requirements of the City; and all puppies must be microchipped or have some other form of identification acceptable to the Director of Animal Control and shall be licensed by City. 6.09.020 Breeder permit —Standards. A. Breeder permit holders shall: 1. Allow inspection, upon 48 hours written notice, of any animal covered by the permit or premises on which the animal is kept. 2. Comply with all City municipal codes relating to the keeping, care or use of any animal; 3. Comply with State health or safety law or regulation regarding animal care or control; 4. Comply with any condition or requirement of the permit; 5. Properly house and care for their dog(s) as follows: (a) Provide sufficient quantity of good and wholesome food and water; (b) Provide shelter that will allow the animal to stand up, turn around, and lie down without lying in his/her feces; (c) Keep the area where the dog is kept clean; bAKF -- Page 2 of 4 Pages -- ORIGINO (d) Fully contain their dog(s) on the owner's property and provide appropriate exercise. 6.09.030 Penalty for Violation. A. Any dog owner in violation of the breeder permit provisions of this chapter is subject to the following penalties: 1. First time violators will receive a correction notice detailing the particular violations. Violators will have 30 days from the date when the owner was first notified of the violation to correct the violations. 2. Second and subsequent violations of this chapter will be punished in accordance with Chapter 1.40 of this code. 6.09.040 Severability. The provisions of this chapter are severable. If any section, paragraph, sentence, phrase, or word of this chapter is declared invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other portion of this chapter, which shall remain in full force and effect. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days after the date of its passage. .� -- Page 3 of 4 Pages -- aI 0A�E��, > m f- r ` 0RIGINA a HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on DEC 13 2023 , by the following vote: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: V ✓ ✓ ✓ ✓ ✓ V, ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR J LIE DRIMAKIS, CPMC, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: DEC 13 2023 11-�z By: — 4AL"1101.A KAREN GOH 44 Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: p � r"� ASHLEY UAMBRANO Deputy City Attorney AEZ/em;vlg SAC0UNCIL\0rds\23-24\6.09 BreederPermits.FnI.docx -- Page 4 of 4 Pages -- n�OAK� f— r 00RIGINAL W BAKERSFIELD r�Fsouvoofv�wrrU; c({n Date:12/1 /23 Department:CAO CITY OF BAKERSFIELD DOCUMENT ROUTING FORM t Staff contact: Esthefany Mariscal Ext.:3636 Document Type: Council approval needed? YesX No O Agreement 12/13/23 © Contract Change Order Council meeting date: Agenda item #: 7e O Deed/Easement C Notice of Completion No. of copies provided: 1 O Ordinance (Please note: The City Clerk's office will keep one original for the City's C Resolution/Resolution of Intention files. All other originals/copies will be returned to the department for distribution to the Contractor) Vendor/Contractor Name: Ordinances 6.04, 6.06, 6.07, 6.09 Term of agreement: Review & Signature Routing: (Required for all contracts) 1) Department Head Date: Initials: 2) Risk Management Date: Initials: 3) City Attorney Date: Initials: 4) City Clerk's Office Date: Initials: Special Instructions: NOTARIZE Additional Information: CERTIFIED COPY `�OF�IGIFJ�•� AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern )ss. JULIE DRIMAKIS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 20th day of December 2023 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5149, passed by the Bakersfield City Council at a meeting held on the 13th day of December 2023 and entitled: AN ORDINANCE OF THE CITY OF BAKERSFIELD ENACTING CHAPTER 6.09 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO BREEDER PERMITS. JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield 8 Df Y City Clerk SADOCUMEN-RFORMSWOP.ORD.wpd