7.40.110 - Breeders—Fees—Restrictions.
Any person who, for pay or other compensation, causes the breeding of a male or female dog or cat or makes a dog or cat available for breeding purposes, or any person who sells or offers for sale any dog or cat shall obtain a permit to do so and shall pay an annual permit/inspection fee of fifty dollars for the privilege of engaging in such activity. However, any person who possesses a valid City permit to operate a dog kennel, cat kennel or pet shop and has paid the annual permit fee therefor shall receive a credit in the amount of the fee paid but in no event shall the amount of credit exceed the amount of tax hereunder. A person who, for pay or other compensation, causes the breeding of a dog or cat, or makes a dog or cat available for breeding purposes without having obtained a permit under this Section or another City permit that pertains to the activity is guilty of a misdemeanor. The penalty for a first offense shall be a minimum fine of five hundred dollars, and imprisonment for not less than two days. The imprisonment portion of the penalty shall be waived if the defendant comes into compliance within thirty days, either by: 1) obtaining a permit, or 2) ceasing to engage in the activities for which a permit is required by this Section and submitting an affidavit acknowledging that engaging in breeding or sale activities without a permit is a violation of this Section. The penalty for a second offense shall be a fine of one thousand dollars, and imprisonment for a period of not less than two days. The penalty for a third or subsequent offense, or for violating this Section after having submitted an affidavit referred to in this Section, shall be a fine of one thousand dollars, and imprisonment for a period of not less than ten days.
(A) Each person subject to the provisions of this Section shall:
(1) Not allow the whelping of more than two litters per each female dog or cat in an eighteen-month period;
(2) Not cause the whelping of more than two litters in the permit holder's or any other person's domestic household in an eighteen-month period. Notwithstanding this provision, however, the Animal Protection Services Center is hereby authorized, upon application of a permit, to allow on a one-time basis the whelping of up to a total of three dog or cat litters in a domestic household in an eighteen-month period where the permit holder establishes within regulations promulgated by the Animal Regulation Officer that such breeding is required to protect the health of the animal. In the event a permit holder is forced to destroy a litter of dogs or cats, the Animal Regulation Officer may authorize the whelping of one additional litter of dogs or cats within the same year by the permit holder;
(3) Not have more than six adult dogs or cats over the age of one year and no more than ten dogs or cats over the age of three months;
(4) Cause all dogs and cats prior to their sale to be immunized against common disease; in the case of dogs, against distemper, DHLD, and in the case of cats, against panleukopenia. The sale of a dog or cat shall include a signed statement from the seller attesting to the seller's knowledge of the animal's health. Such statement shall include the animal's immunization history;
(5) Not sell any dog or cat under the age of seven weeks;
(6) Furnish the Animal Protection Services Center with the animal breeder's permit number and the name, address, and telephone number of the buyer or new owner of any dog or cat sold or transferred within five days after the date of such sale or transfer; and
(7) Be subject to and comply with the requirements of Subsections (B) and (C) of LVMC 7.40.175.
(B) The Animal Protection Services Center shall furnish the permit holder with printed information regarding the pet care, protection and control services of the City which shall be provided by the seller to the purchaser of any dog or cat.
(C) Persons subject to this Section shall not publish or advertise the sale of any dog or cat unless said publication or advertisement is accompanied by the seller's breeder's permit number.
(D) Each permit issued hereunder shall expire one year from the date of issuance. However, it may be renewed at any time up to and including the last day of the calendar month in which it is due to expire.
(E) The payment of this permit fee shall not exempt the permit holder from compliance with any other applicable provision of the Municipal Code.
(Ord. No. 6834, § 1, 4-5-23; Ord. No. 6816, § 79, 8-17-22; Ord. 3618 § 180, 1991)
