In 2019, the Legislative and Litigation Committee held multiple meetings on the topic of breeder permits and similar animal-related ordinances. At the time, the Committee considered 4 different proposed ordinances and forwarded two of them to Council for first reading on consent. However, the item was then pulled from consent and referred back to Committee without discussion. Earlier this year, Vice Mayor Gonzales renewed the request that the item return to Committee.
At the November 8, 2023 Legislative and Litigation Committee meeting, the City Manager’s Office, City Attorney’s Office, and representatives from Animal Control, the City Animal Care Center (CBACC) and the SPCA provided a presentation on current trends, challenges, and ordinance options. Specifically, the 4 ordinances previously presented to the Committee in 2019 were summarized for Committee consideration. The Committee (CMs Freeman, Gonzales, Kaur) unanimously recommended moving all 4 ordinances forward for first reading.
The ordinances are summarized below and can all be adopted together or in any combination:
1. Ordinance amending Chapter 6.04 of the Bakersfield Municipal Code related to Public Pounds & Dog Licensing
This ordinance revises the current Chapter 6.04 (“Public Pound-Dog Licenses”) to make certain language updates (e.g., changing “pound” to “animal shelter” etc.), reduce the age of required dog licensing and vaccination from four to three months old, and require that animals impounded more than once be spayed or neutered prior to redemption by their owner.
2. Ordinance enacting Chapter 6.06 to the Bakersfield Municipal Code related to Dog Kennels
This ordinance provides regulations for “kennels,” which is already a use allowed by the zoning code, defined to include any premises on which more than three dogs at least twelve weeks old are kept, not including a public shelter, animal care facility or vet hospital. Persons operating a kennel must obtain a license, abide by sanitation and size standards, and submit to inspection by Animal Control.
3. Ordinance enacting Chapter 6.07 to the Bakersfield Municipal Code related to Mandatory Spay and Neuter of Dogs
This ordinance requires all dogs over the age of six months to be spayed or neutered unless the dog qualifies for an exemption (visiting non-residents, trained law enforcement dogs, health reasons certified by a veterinarian) or the owner obtains an “unaltered animal certification.” A certification allows unaltered female dogs to have one litter per year, and requires owners of unaltered dogs to abide by certain standards on the care and keeping of the animals. If a person intends to keep an unaltered animal and breed the animal for commercial sale, a breeder permit pursuant to Chapter 6.09 (below) is also required.
4. Ordinance enacting Chapter 6.09 to the Bakersfield Municipal Code related to Breeder Permits
This ordinance requires any person who wishes to breed a dog to first obtain a breeder permit, valid for one year unless renewed. An unaltered animal certification is also required pursuant to Chapter 6.07 (above). The breeder permit may only be issued for dogs that are between 1-7 years of age, and the permit must be prominently displayed in any advertisement for sale or adoption. Puppies must be licensed and identified via microchip or other means prior to sale. Permit holders must abide by certain standards on the care and keeping of the animals.
Consistent with the direction of the Legislative and Litigation Committee, staff recommends conducting first reading of the above ordinances.
As ordinances #2 (Ch. 6.06), #3 (Ch. 6.07), and #4 (Ch. 6.09) create new licensing/permitting schemes, charging a fee for cost recovery of those items will require staff analysis to establish the amount(s) of the fees as well as a public hearing prior to implementing them. Those fees will be incorporated into the Master Fee Schedule review in February/March 2024 and take effect on July 1, 2024, unless the Council desires to move forward sooner with a special public hearing.