(a) 
The term "rescue permit" shall mean a written authorization issued annually by the Animal Control Services Unit giving a lawful rescue group the authority to hold an agreed upon number of dogs and/or cats at a specific location for the purpose of placing them in permanent homes, without having to obtain a use permit.
(b) 
The rescue group must provide proof to the Animal Control Services Unit of a current and valid nonprofit group status, as defined in the Internal Revenue Code and issued by the Internal Revenue Service Department of Treasury, as required by Food and Agriculture Code Section 31108(b).
(c) 
The rescue group must submit to annual inspections of the site where animals are to be housed.
(d) 
The rescue group must provide documentation of caretakers that are responsible for the care, feeding and treatment of the animals in addition to and in the absence of the individual applying for the permit.
(e) 
An evacuation plan must be on file at the site location.
(f) 
If the residence is not owned by the applicant, written permission from the land owner must be kept on file with the Animal Control Services Unit.
(g) 
No dog or cat may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least eight weeks of age and not dependent on maternal care and has received its first immunization against common diseases and proof of spay or neuter (as required by Food and Agriculture Code Section 30503) has been provided to the new owner. If a veterinarian has determined that spay/neuter is inappropriate for the animal's advanced age or health, a dog/cat may be placed with a new family with proof of verification, as stipulated in the Food and Agriculture Code Section 30503.
(h) 
Rescue permits can be revoked by the Animal Control Officer if there are complaints of excessive noise, feces or smell. All feces must be removed prior to accumulation upon the property. Feces must be removed prior to the occurrence of offensive odors or fly and/or rodent infestation. Feces must be removed by placing them in a plastic bag for deposit in appropriate garbage container. It is unlawful to deposit feces in manner which may create a health hazard.
(i) 
Any kennels built or operated at the permitted location or on the grounds of the rescue group shall be subject to the requirements of the Los Banos Zoning or Building Code.
(j) 
No dead animals shall be buried on the premises.
(k) 
Rescue permits shall not be issued to any person who has been convicted of animal cruelty or neglect.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a) 
No person shall cause or allow any dog or cat owned, harbored, or kept within the City of Los Banos to breed without first obtaining a breeder certificate from the City.
(b) 
The term "breeder certificate" shall mean a written authorization issued annually by the Animal Control Services Unit giving its lawful holder permission to breed one litter per year per designated animal.
(c) 
Any holder of a breeder certificate who advertises to the public the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the breeder certificate number in any such advertisement. Further, the breeder certificate holder must provide the certificate number to any person who purchases, adopts or receives any animal from the certificate holder and include the certificate number on any receipt of sale or transfer document.
(d) 
No offspring may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least eight weeks of age and not dependent on maternal care and has received its first immunization against common diseases.
(e) 
The following animals are exempt from breeder certificate requirements:
(1) 
Dogs documented as having been appropriately trained and actively 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(d), (e) and (f) and successor sections;
(3) 
Dogs and cats under the care of governmental animal control agencies; animal rescue organizations which have demonstrated to Animal Control Services Unit that they have implemented an ongoing spay/neuter plan, as well as an adoption plan; or humane societies or societies for the prevention of cruelty to animals, if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110, and successor sections;
(4) 
Dogs documented as enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5 (commencing with Section 7200), Division 3 of the California Business and Professions Code; and
(5) 
When a veterinarian has determined that spay/neuter is inappropriate for the animal's age or health.
(f) 
When contacted by an Animal Control Officer, the owner of a pregnant or whelping dog or cat must either show proof of an impending spay/neuter appointment or agree to participate in a low-cost spay/neuter program, or purchase a breeder certificate.
(g) 
Breeder certificates shall not be issued to any person who has been convicted of animal cruelty or neglect.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a) 
The minimum penalty for violating Section 6-1.7002 shall be established by resolution of the City Council and shall not be waived upon the transfer or abandonment of the animal. This penalty shall be imposed in addition to any other applicable civil or criminal penalties.
(b) 
Any breeder certificate may be revoked if the owner is in violation of:
(1) 
Any of the provisions of this chapter relating to the keeping, care, or use of any animal;
(2) 
Any State health or safety law or regulation regarding animal care or control; or
(3) 
Any condition or requirement to pay any fee imposed under this chapter.
(§ 2, Ord. 1153, eff. May 19, 2017)
(a) 
Every person who owns, conducts, or operates a pet shop, pet store, pet dealer, commercial kennel, private kennel, boarding kennel, grooming parlor, animal menagerie, or animal shelter shall comply with all provisions of the Lockyer-Polanco-Farr Pet Protection Act (California Health and Safety Code Section 122125 et seq.), the Pet Store Animal Care Act (California Health and Safety Code Section 122350 et seq.), any similar laws that may be subsequently enacted, and all applicable provisions of this chapter.
(b) 
It is unlawful for any person, firm, corporation, or association to erect, establish, or maintain any commercial animal establishment, commercial kennel, or pet shop without first obtaining a business license from the City. After inspection and approval of the conditions of the commercial animal establishment by the Animal Control Officer, the required business license may be issued by the City. Such license shall be issued pursuant to City licensing regulations, provided any inspection by the Animal Control Officer and other City officials does not reveal any violation of the provisions of this chapter, the City building codes and Zoning ordinances and any other ordinances, rules or regulations. Every person within the City who owns, conducts, manages, a commercial animal establishment for which a City business license or special use permit is required shall comply with each of the following conditions:
(1) 
Housing facilities shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals;
(2) 
All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition;
(3) 
Animals shall be supplied with sufficient good, and wholesome food and water as often as the feeding habits of the respective animals require;
(4) 
Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals;
(5) 
All reasonable precautions shall be taken to protect the public from the animals and the animals from the public;
(6) 
Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to the physical needs of the animals;
(7) 
All animal rooms, cages, and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein;
(8) 
All animal runs shall be of concrete and provided with adequate drainage into an approved sewer or individual sewer disposal installation;
(9) 
All animals shall be taken to a licensed veterinarian for an examination and treatment if so ordered by the Animal Control Officer;
(10) 
Every violation of applicable regulation shall be corrected within reasonable time to be specified by the Animal Control Officer;
(11) 
Commercial animal establishments shall comply with all other applicable Los Banos Municipal Codes and ordinances;
(12) 
All commercial animal establishments may be inspected from time to time by an Animal Control Officer to investigate any complaints of violations of the provisions of this section. Failure of the applicant for a license or special use permit to comply with any one of the foregoing conditions shall be deemed just cause for the denial of any business license, whether original or renewal and/or the issuance of a citation for violations pursuant to provisions of this section.
(§ 2, Ord. 1153, eff. May 19, 2017)
All persons who sell, adopt, or transfer ownership of animals must maintain records for a period of 12 months from sale, transfer, or adoption for all animals sold or adopted to be released to the Animal Control Services Unit upon request.
(§ 2, Ord. 1153, eff. May 19, 2017)