(a) 
No person shall conduct the commercial business of buying, selling, grooming, breeding, showing, exhibiting, or boarding of animals without a valid permit from the animal services department.
(b) 
Every person engaged in the business of buying, selling, grooming, breeding, showing, exhibiting, or boarding of animals, and all persons who conduct animal club shows, must comply with all existing regulations governing said business or show and shall maintain said animals in compliance with this chapter so as not to endanger the public or animal health or safety or create a nuisance.
(c) 
Applications for permits shall be made to the animal services officer on forms furnished by the animal services department. The application shall not be approved until certification has been received from appropriate city officials that the zoning, construction, and facility comply with existing ordinances for such businesses. If the permit application is approved by the animal services officer, he shall issue the permit upon payment of the appropriate fee. The animal services officer shall make any inspections necessary to assure compliance with this article. Animals shall be kept under sanitary conditions so as not to endanger the public or animal health or create a public nuisance.
(d) 
All permits issued under this section shall be valid for 12 months from the date of issuance and shall be renewed annually thereafter by written application and payment of the then-applicable fee. No permit issued under this section shall be renewed without the approval of the animal services officer. Permits to show or exhibit animals (rodeos, circuses, and the like) shall be valid only for the 30-day period immediately following issuance. Permits are not transferable.
(2003 Code, sec. 2.1601)
(a) 
A person desiring to obtain a permit for one or more commercial businesses to conduct the buying, selling, grooming, breeding, showing, exhibiting, or boarding of animals shall pay a permit fee as provided in appendix A of this code.
(b) 
Persons applying for more than one permit shall pay the applicable fee for each permit.
(2003 Code, sec. 2.1602; Ordinance 12-03, sec. 9, adopted 2/21/12)
(a) 
In cases involving a scientific or educational program, or a show, exhibition, or event sponsored by a nonprofit organization or the city, the animal services officer, in his discretion, may waive the requirements of this article concerning permits, fees, or conditions.
(b) 
This article does not apply to veterinarians and veterinary clinics.
(2003 Code, sec. 2.1603)
(a) 
All businesses must display the required permits in public view at the business premises.
(b) 
The animal services officer may revoke any permit for failure to comply with this chapter. If the animal services officer revokes a permit, he shall give written notice to the permit holder by personal service or certified mail, return receipt requested. The permit holder may appeal the decision to revoke the permit by filing written notice with the city manager or his designee within 10 days after receipt of notice. The city manager, at least five days before the date of the hearing of the appeal, shall give written notice of the time and place of the hearing to the permit holder by personal service or certified mail, return receipt requested. The city manager or his designee shall decide the appeal based on a preponderance of the evidence presented at the hearing. The decision of the city manager or his designee shall be final.
(2003 Code, sec. 2.1604)
(a) 
A person commits an offense if he breeds or allows the breeding of a dog or cat without a valid breeding permit for the dog or cat. A separate permit is required for each dog or cat that the person keeps unsterilized for breeding purposes.
(b) 
A breeding permit may only be issued for a dog or cat:
(1) 
That is currently in compliance with the vaccination requirements of section 2.02.001 of this chapter;
(2) 
That is microchipped;
(3) 
That, not more than 90 days before the date of the breeding permit application, has been approved to breed by a licensed veterinarian; and
(4) 
Whose owner:
(A) 
Can provide a membership card or receipt for current dues being paid to an organized national, regional, or local club established for the purpose of improving a breed, showing in a competitive venue, use in a sporting activity or work purposes, or other personal reasons; or
(B) 
Holds a license as required by Texas Occupation Code, §802.101 for each facility owned or operated in the state.
(c) 
To obtain a breeding permit, a person must submit an application to the animal services officer (on a form provided by the animal services officer for that purpose) and pay an annual breeding permit fee as outlined in appendix A of this code.. The breeding permit application must include:
(1) 
The name, address, and telephone number of the applicant;
(2) 
The location where the dog or cat is harbored;
(3) 
A description of the dog or cat, including but not limited to, a photograph of the animal;
(4) 
Proof that the animal is qualified for a breeding permit under subsection (b) of this section; and
(5) 
Any other information determined necessary by the animal services officer for the enforcement and administration of this section.
(d) 
A breeding permit expires one year after the date of issuance and may be renewed by applying in accordance with subsection (c) of this section. If the animal services officer does not receive an application for a permit renewal within 45 days after the expiration of the permit, a late fee will be added to the permit fee.
(e) 
A breeding permit is not transferable.
(f) 
A permittee commits an offense if he allows a permitted female dog or cat to have more than one litter during the permit term.
(g) 
It is a defense to prosecution under subsection (f) that the permittee:
(1) 
Received written authorization from the animal services officer under subsection (h) of this section to allow the female dog or cat to have two litters during the permit term; and
(2) 
Did not allow the female dog or cat to have more than the number of litters authorized by the animal services officer for the permit term.
(h) 
Upon request of a permittee, the animal services officer may, in writing, authorize the permittee to allow a permitted female dog or cat to have two litters during the permit term if the permittee establishes, according to regulations adopted by the animal services officer, that:
(1) 
Having two litters during the permit term is required to:
(A) 
Protect the health of the female dog or cat; or
(B) 
Avert a substantial economic loss to the permittee; or
(2) 
Previously in the permit term, the female dog's or cat's litter was euthanized or did not survive for other reasons.
(i) 
A permittee commits an offense if the permittee:
(1) 
Allows the offspring of a female dog or cat for which he holds a breeding permit to be sold, adopted, or otherwise transferred, regardless of compensation, before the offspring have reached at least eight weeks of age and have been vaccinated against common diseases;
(2) 
Fails to keep a permitted dog or cat restrained pursuant to section 2.04.004 of this chapter;
(3) 
Fails to prominently display the breeding permit number on any advertisement by the permittee for the sale, adoption, or other transfer of any dog or cat, regardless of compensation; or
(4) 
Sells, adopts, or otherwise transfers any dog or cat, regardless of compensation and fails to:
(A) 
Include a statement signed by the permittee attesting to knowledge of the animal's health and immunization history;
(B) 
Prominently display the breeding permit number on any sales receipt or transfer document;
(C) 
Provide the breeding permit number to any person who purchases, adopts, or receives any dog or cat from the permittee;
(D) 
Provide written information regarding the vaccination, microchipping, and sterilization requirements of this chapter applicable to the dog or cat; or
(E) 
Provide to the animal services officer (on a form provided by the animal services officer for that purpose) the name, address, and telephone number of the dog's or cat's new owner within five days after the date of the sale, adoption, or other transfer of the animal.
(j) 
The animal services officer shall deny or revoke a breeding permit if the animal services officer determines that the applicant or permittee:
(1) 
Failed to comply with any provision of this chapter; or
(2) 
Intentionally made a false statement as to a material matter on the breeding permit application.
(k) 
If the animal services officer denies or revokes a breeding permit, the animal services officer shall notify the applicant or permittee in writing of the action and a statement of the right to an appeal. The applicant or permittee may appeal the decision of the animal services officer with the city manager or his designee within ten days after receipt of notice. The filing of an appeal stays an action of the animal services officer in revoking the permit until the city manager makes a final decision.
(Ordinance 22-28 adopted 8/16/22)