Houston, Texas

A breeding and selling ordinance, which became effective July 1, requires anyone selling cats or dogs that aren’t spayed or neutered to purchase a $100 annual permit. First-time offenders will get a warning with 30 days to comply. A citation can carry a fine of between $50 and $2,000.

DIVISION 4. BREEDING AND SELLING*

*Editor’s note:  Ord. No. 2007-148, § 11, adopted January 31, 2007, amended Ch. 6, Div. 3 in its entirety to read as herein set out. Formerly, said division was entitled Impoundment generally.

Sec. 6-111. Permit required.

It shall be unlawful for any person to operate as a commercial breeder without a valid breeder’s permit.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-112. Application for permit.

(a) A person who wishes to operate as a commercial breeder may apply to the director for a breeder’s permit. An application for a 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) The director shall issue the breeder’s permit if the applicant meets the qualifications to obtain such permit. A breeder’s permit shall be denied if the applicant fails to:

(1) Complete the application for a 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 breeder permit; or
(5) Pay all required fees pertaining to the breeder’s permit.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-113. Grounds for revocation.

A breeder’s permit shall be revoked if the permit holder fails to comply with the provisions set forth in subsection (b) of section 6-112 of this Code.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-114. Fees.

The annual fee for a breeder’s permit shall be $100.00. 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 a late fee of $25.00 against the permit holder.

(Ord. No. 07-148, § 11, 1-31-07)

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 10th business day after the 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. 07-148, § 11, 1-31-07)

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 10 days after the first date of mailing written notice of denial or revocation.

(Ord. No. 07-148, § 11, 1-31-07)

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. Such 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 day after the date the notice was sent to the applicant or permittee; provided that the hearing officer may continue the hearing upon the written request of the licensee.

(b) All hearings shall be held by a hearing officer appointed by the director of the health and human services department, who shall not designate any person to perform the duties of hearing officer under this section who has prior knowledge of the circumstances regarding the denial or revocation of the permit. The hearing officer, 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 an attorney licensed to practice in Texas 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.
(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. 07-148, § 11, 1-31-07)

Sec. 6-118. Roadside and flea market sales.

(a) It shall be 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, flea market, parking lot sale, or similar event.

(b) This section does not apply to:

(1) An agent of a business that has a certificate of occupancy from the building inspection division authorizing the occupancy of the premises for purposes of operating a business selling pets;
(2)   Reserved.
(3)   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
(4)   A tax-exempt non-profit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-119. Penalty.

A violation of this division shall constitute a Class C misdemeanor.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-120. Reserved.