BREEDING AND SELLING

Houston Code of Ordinances ch. 6, art. IV, div. 4

in effect

Houston Code of Ordinances § 6-111 Permit required.

Sec. 6-111. - Permit required. It is unlawful for any person to operate as any of the following types of breeders without a valid breeder's permit: (1) Commercial breeder; (2) Hobby/conformation breeder; or (3) Non-commercial breeder. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-112 Application for breeder's permit.

Sec. 6-112. - Application for breeder's permit. (a) A person who wishes to operate as a commercial breeder shall apply to the director for a commercial breeder's permit. An application for a commercial breeder's permit shall include: (1) The name, address, and telephone number of the applicant; (2) The name, address, and telephone number of the location where the breeding will be conducted; (3) A description of the types of animals to be bred; and (4) Any other information deemed necessary by the director. (b) A person who wishes to operate as a hobby/conformation breeder shall apply to the director for a hobby/conformation breeder's permit. An application for a hobby/conformation breeder's permit shall include the information contained in subsection (a) of this section. Additionally, the applicant shall submit the following documentation must be submitted with the permit application: (1) Ownership papers or a current pet registration issued pursuant to this chapter; (2) 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; and (3) One of the following items: a. Breed standard, if breeding is for the purposes of conforming or strengthening the lineage of a particular breed; or b. A completed entry form for a competitive, sporting, or working event. (c) A person who wishes to operate as a non-commercial breeder shall apply to the director for a non-commercial breeder's permit. An application for a non-commercial breeder's permit shall include the information contained in subsection (a) of this section. (d) The director shall issue the commercial, hobby/conformation or non-commercial breeder's permit if the applicant meets the qualifications to obtain the permit. The director shall deny a commercial, hobby/conformation, or non-commercial breeder's permit if the applicant fails to: (1) Complete the application for a commercial, hobby/conformation or non-commercial breeders permit; (2) Properly restrain the dogs and cats in his care and custody; (3) Adequately care for and protect the dogs and cats in his care and custody; (4) Meet all requirements specified on the commercial, hobby/conformation or non-commercial breeder's permit; or (5) Pay all required fees pertaining to the commercial, hobby/conformation or non-commercial breeder's permit. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-113 Grounds for revocation.

Sec. 6-113. - Grounds for revocation. The director shall revoke a commercial, hobby/conformation, or non-commercial breeder's permit if the permit holder fails to comply with the provisions set forth in subsection (d) of section 6-112 of this Code. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-114 Fees.

Sec. 6-114. - Fees. The annual fee for a commercial, hobby/conformation and non-commercial breeder's permit is stated in the city fee schedule. A permit shall expire one year from the date of issuance and must be renewed prior to its expiration. Failure to timely renew a permit will result in the assessment of the late fee stated in the city fee schedule against the permit holder. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-115 Notice of denial or revocation.

Sec. 6-115. - Notice of denial or revocation. If the director denies an application or a request for renewal, or revokes an existing permit, he shall provide notice of the denial or revocation to the applicant or permit holder in writing not later than the tenth business day after his determination to deny an application or renewal or to revoke a permit. The notice of denial or revocation shall be sent to the permit holder or applicant by certified mail, return receipt requested, addressed to the permit holder or applicant. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-116 Appeal.

Sec. 6-116. - Appeal. A person may appeal the denial or revocation of a permit by delivering a written request for an appeal to the director not more than ten calendar days after the first date of mailing written notice of denial or revocation. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-117 Hearing.

Sec. 6-117. - Hearing. (a) The director shall cause written notice to be given to the applicant or permit holder that a hearing on his appeal will be conducted. The notice shall include the following: (1) The place where the hearing will be conducted; and (2) The date and time of the hearing, which shall be not later than the tenth business day after the date the notice was sent to the applicant or permit holder; provided that the hearing officer may continue the hearing upon the written request of the applicant or permit holder. (b) All hearings shall be held by a hearing officer, who may, prior to the hearing, receive a copy of the notice given to the applicant or permit holder. (c) An assistant city attorney may be present at the hearing to advise the hearing officer as to procedural matters; however, the attorney shall not participate in any determination of the facts. (d) All hearings shall be conducted under rules consistent with the informal nature of the proceedings; provided, however, the following rules shall apply to all hearings: (1) All parties shall have the right to representation by a licensed attorney, though an attorney is not required; (2) Each party may present witnesses in his own behalf; (3) Each party has the right to cross examine all witnesses; and (4) Only evidence presented before the hearing officer at the hearing shall be considered in rendering the decision. (e) The hearing officer may affirm or reverse a permit denial or a permit revocation. The decision of the hearing officer shall be final and shall be delivered in writing to the applicant or permit holder in the same manner as a notice under section 6-115 of this Code. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-118 Pet and live animal sales

Sec. 6-118. - Pet and live animal sales (a) It is unlawful for any person to sell, trade, barter, lease, rent, give away, or display for a commercial purpose a live animal on a roadside, public right-of-way, commercial parking lot, or at an outdoor special sale, swap meet, indoor or outdoor flea market, parking lot sale, or similar event. (b) This section does not apply to: (1) An agent of a business that has a valid permit for a commercial pet service facility under section 6-121 of this Code; (2) An event primarily for the sale of agricultural livestock such as hoofed animals or animals or fowl commonly raised for food, dairy, or fiber products; or (3) A tax-exempt non-profit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals. (c) Notwithstanding anything to the contrary in this section, it is unlawful for anyone to sell or offer for sale in commercial or retail pet store, feed store, or other related retail establishment, any canine or feline of any age that is not sourced from a municipal or county animal shelter, or a humane organization as defined in section 6-1 of this Code. (1) Commercial or retail establishments selling canines or felines shall keep a record of the animal shelter or humane organization that any canine or feline sold was sourced from. Such records must be kept for a minimum of one year from the date of the sale, and be available for inspection by BARC animal enforcement upon request. (2) It shall be an affirmative defense to this section, during the period from January 19, 2022 until January 19, 2023, that such an establishment was fully permitted under this division and in operation prior to January 19, 2022. Thereafter, commencing on January 20, 2023, this affirmative defense shall no longer apply. Anytime such an establishment allows for its permit to lapse or it is no longer compliant with section 6-111 of this Code, it must then comply with section 6-118(c) of this Code. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-119 Penalty.

Sec. 6-119. - Penalty. A violation of this division shall constitute a Class C misdemeanor. (Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)

Houston Code of Ordinances § 6-120 Reserved.

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH6ANFO_ARTIVDOCA_DIV4BRSEFetched: 10/26/2026