§ 44.1.

GRANTING OR DENYING A PERMIT

a.

Requirements of permit. An owner or keeper of a pit bull may obtain a nontransferable permit that lasts for one year. If more than one owner, guardian, or keeper is involved in the breeding process, each party must apply for and be granted a breeding permit. The permit may be obtained from the San Francisco Department of Animal Care and Control (“Department”) if all of the following conditions are met:

1.

The applicant has submitted the appropriate forms and fees required by the Department in order to seek consideration for a breeding permit.

2.

The applicant has a space in which to breed pit bulls and raise the puppies that the Department is satisfied will contain the animals as well as provide them with safe, sanitary, and humane conditions, appropriate for breeding pit bulls, which satisfies all applicable provisions of Article 1 of the San Francisco Health Code and all applicable State animal welfare laws.

3.

The Department has evaluated and reached a positive conclusion regarding the suitability of the particular pit bulls to be bred, including consideration of their lineage, age and health condition. The Department shall utilize the following guidelines in making a determination:

A.

Owners, guardians or keepers shall provide verification that any pit bull to be bred is registered as an American Pit Bull Terrier, an American Staffordshire Terrier, or a Staffordshire Bull Terrier, with the appropriate registry for its breed (American Kennel Club, United Kennel Club, American Dog Breeders Association (“ADBA”)) or any other valid registry as determined by the Department.

B.

Any pit bull to be bred must meet the pit bull breed standard, as defined by the appropriate registration agency (AK, UKC, or ADBA), for physical conformation as well as temperament.

C.

The registered pit bull has participated in at least one approved dog show during the previous 365 day period or the owner, guardian or keeper has given written notice to one of the dog registries listed above stating his/her intention that the dog will participate in an approved dog show. A dog show is defined as an event that is sanctioned in writing by one or more of the dog registries listed above.

D.

Any pit bull to be bred shall have the appropriate health screenings for its breed. For pit bulls this is, at a minimum, the following health tests: Orthopedic Foundation for Animals (“OFA”) or University of Pennsylvania Hip Improvement Program (“PennHIP”) certification on hips, OFA on heart by a certified cardiologist and must have passed the American Temperament Testing Society temperament test.

4.

Breeders shall not allow female pit bulls to have more than 1 litter per year.

5.

Upon approval of his/her application, the applicant must pay the $100 permit fee.

b.

Permit denial. The Department shall automatically deny the permit if one or more of the following occurs, and that decision shall be final:

1.

The applicant fails to pay the permit fee within two weeks of notification that the application has been approved. Applicant may reapply for a permit after ten months.

2.

The applicant has a history of allowing dogs to run loose or escape, or has otherwise been found to be neglectful; has had his/her dog identified as a nuisance; or has previously been determined to have violated Section 41.12 of the San Francisco Health Code.

3.

The applicant has violated any provisions of Health Code Sections 42 through 44.5.

4.

The applicant has applied for a permit within the last ten months.

c.

Inspections of the premises. The Department may on one or more occasions, up to a year after issuing the permit, perform an inspection of the dog’s living quarters to ensure that the standards required to receive a permit are met. The Department will give the owner, guardian or keeper a twenty-four hour notice and will conduct such inspection at a reasonable time when the owner, guardian or keeper, or his/her representative, is present. The owner, guardian or keeper shall allow the Department access to conduct the inspection.

If the property does not meet the required standards, or the owner, guardian or keeper cannot be contacted for an inspection within two weeks of the Department’s initial attempt, or the owner, guardian or keeper fails or refuses to allow an inspection, the Department shall not issue a permit.

History

(Added by Ord. 268-05, File No. 051607, App. 11/22/2005)

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