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On October 22, the Ojai City Council voted 4-1 to adopt a first-in-the-nation law that prohibits the breeding of dogs and cats with “congenital anatomical features” that are likely to cause the animal or its offspring to suffer pain, deformity, or difficult expressing natural behaviors, difficulty breathing, difficultly with physical exertion or exercise, or difficulty breeding. It provides no exceptions.

The City Council also voted unanimously to amend Ojai’s mandatory spay/neuter law by eliminating exceptions for (1) dogs that compete in, or are in training for, American Kennel Club (AKC) events and , (2) dogs that are owned by AKC Breeders of Merit.  It now allows exceptions for male dogs over 40 pounds to wait until it is two years of age, and for female dogs over 40 pounds until it has experienced one heat cycle.  Exceptions remain for service dogs (including those in training), law enforcement and search-and-rescue dogs, and those certified in writing by a veterinarian that the dog cannot be sterilized until after a certain date or because sterilization would be detrimental to the health of the animal.

Both ordinances take effect 30 days after passage.

About Ojai

Ojai is a small city, with a population of approximately 7,500.  It already requires the mandatory spay/neuter of dogs by the time they reach six months of age.

In addition to these new anti-breeding laws, the town is known for other first-in-the-nation animal rights-driven laws it has adopted.  In September 2024, the town adopted an ordinance that grants bodily autonomy—or habeas corpus rights—to elephants.  This means legally, elephants cannot be imprisoned against their will inside city limits.  No elephants are known to be located in Ojai.

Summary

Modeled on European breeding regulations, the “unethical breeding” ordinance prohibits any person in Ojai from breeding a dog or cat with congenital anatomical features that are likely to cause the animal or its offspring to suffer pain, deformity, or difficulty expressing natural behaviors, difficulty breathing, difficulty with physical exertion or exercise, or difficultly breeding; and supports this prohibition with a preamble of findings that feature unsubstantiated claims about the number and distribution of animal suffering.

The ordinance provides a lengthy list of characteristics it considers likely to cause suffering:

  1. Snout length comprising less than one-third of the animal’s head, from the top of the skull to the tip of the muzzle.
  2. Abnormal or labored breathing sounds during rest, including snoring and snorting when awake.
  3. Body shapes, including, but not limited to, head size and shape, relative to pelvis that increase the risk of dystocia, perinatal complications, or death.
  4. Body shape or proportions that do not allow animals to mate naturally without human intervention.
  5. Exposed sclera when the animal is looking straight ahead caused by shallow eye orbit in the skull.
  6. Vertebral malformations, including, but not limited to, “corkscrew tails” and the lack of tails.
  7. Sensory loss, including, without limitation, blindness and deafness.
  8. Visible skin folds on top of the muzzle.
  9. Excessive skin folds on body, head, or legs.
  10. Unnatural posture.
  11. Stenotic, narrowed, or closed nostrils.
  12. Elongated or thickened soft palate.
  13. Hypoplastic trachea.
  14. Everted laryngeal saccules.
  15. Lagophthalmos.
  16. Exophthalmos.
  17. Lameness or movement disorders.
  18. Neurological disorders.
  19. Chondrodystrophy.

The ordinance empowers peace officers, code enforcement officers, and others designated by the city manager to enforce the prohibitions.

AKC’s Position and Commentary

AKC strongly opposes the breeding of dogs by those who do so without regard for the dogs’ welfare, and takes a strong line on animal cruelty, including implementing a policy that suspends the AKC privileges of anyone charged with animal cruelty involving dogs, and complete revocation of such privileges of anyone convicted of cruelty.

Respectfully, AKC views Ojai’s latest anti-breeding ordinances as (1) unsubstantiated, uninformed, and difficult-to-enforce extremist targeting of breeds, breed characteristics, and responsible purebred dog breeders that is primarily intended to gain media attention and notoriety; (2) a failure of contributing anything of positive consequence for dogs or the ongoing efforts by purebred dog fanciers and veterinary researchers to use science-based approaches to further improve animal health; and (3) ineffective in addressing the issues of shelter populations that are commonly understood to be caused by socioeconomic factors, veterinary care costs, and the return of shelter pets acquired during the Covid-19 pandemic, not by responsible purebred dog breeders who compete in AKC events.

While the new “unethical breeding” law does not explicitly list targeted breeds, the Administrative Report that accompanies the ordinance did.  After incorrectly equating a scientific description of head shape (brachycephaly) with physiological deviations found in dogs with Brachycephalic Obstructive Airway Syndrome (BOAS), the report listed the following as common brachycephalic breeds, thereby implying a direct relationship to BOAS: Boston Terriers, Boxers, Bullmastiffs, Cavalier King Charles Spaniels, Chinese Shar-Pei, Chow Chow, “English” Bulldogs, French Bulldogs, Lhasa Apso, Pekingese, Pugs, and Shih Tzu.

The report also included a list of breeds with short limbs that it claimed, without scientific evidence, are prone to cartilage defects, joint disease, and a predisposition to spinal problems: Basset Hounds, Beagles, Dachshunds, Dandie Dinmont Terriers, Pembroke Welsh Corgis, and Scottish Terriers. 

The Administrative Report, like the official findings included in the ordinance, failed to provide any statistical or scientific substantiation of the claims it made about canine health and suffering.  It also failed to provide any information on the work being done both in America and abroad to improve animal health, including veterinary training and implementation of the BOAS Grading Scheme.  These, along with the elimination of exceptions to the mandatory spay/neuter ordinance that were designed to benefit AKC Breeders of Merit and dogs that compete in AKC events, indicate that both ordinances and the supporting documentation were written with an anti-dog, anti-breeding, and anti-AKC bias often championed by animal rights groups.

Moreover, the “unethical breeding” ordinance’s extensive list of conditions that it classifies as “likely to cause suffering” features medical terms usually only understood by veterinarians, other experienced veterinary medical professionals, and purebred dog breeders.  However, the ordinance does not empower those with this type or level of specialized knowledge to enforce it.  Instead, everyday peace and code enforcement officers are given that power.  AKC believes this is a disparity that will lead to uninformed, onerous, inconsistent, and potentially prejudicial enforcement, if the ordinance is enforced at all.   

What You Can Do

All breeders, owners, and residents in Ojai, along with all AKC-affiliated clubs, and all national breed parent clubs, are strongly encouraged to express opposition to the ordinance to the members of the Ojai City Council. (Scroll down for discussion points.)

Some points to be sure to mention to your councilmember:

  • This ordinance ends the ability of responsible city residents to produce certain breeds of dogs and establishes a dangerous precedent for radical legislative proposals around California and the rest of the country.
  • This ordinance assumes that all brachycephalic animals, including dogs, suffer from serious health issues. In fact, brachycephaly does not equal unhealthy.  Across all dog and other animal types, multiple factors can contribute to differences in breathing, including physical condition, environment, and genetics.  Nevertheless, all breeding of brachycephalic and chondrodystrophic breeds of dogs–regardless of health, breeder background, fancier status, or club affiliation—will be prohibited under the ordinance, which will have a chilling effect on all responsible dog breeding.
  • This ordinance implies that all who breed dogs do so without regard for the dogs’ welfare. Facts demonstrate that responsible purebred dog breeders are passionate about both preserving breed characteristics and producing healthier successive generations.
  • Protecting and promoting responsible breeders and the puppies they produce is a better solution than blanket bans based on inaccurate or incomplete information that creates a perverse incentive for city residents to buy puppies of unknown source without predictable traits or health backgrounds.
  • Ojai’s residents would be better served through enforcing and supporting the strengthening of California’s consumer protection laws for pet purchasers.

Visit Breeding Regulations and Restrictions in the AKC Legislative Action Center for more talking points and information.

Staying Vigilant About What Local Governments Are Doing Is Key

Unfortunately, AKC only learned of Ojai’s latest anti-breeding ordinances after they had been adopted, not before.  While we use sophisticated government relations tracking systems that keep us up-to-date on federal and state-level issues, no tracking system in existence today, including ours, accurately or timely tracks what the more than 33,000 local jurisdictions in the United States are up to.  And while media reports may be helpful, search engines and news aggregators provide only partial information.    These are the reasons why AKC strongly encourages all purebred dog fanciers and breeders to be vigilant about what dog-related issues are being discussed in your communities.  Here are some simple strategies to use:

  1. Monitor local news outlets to learn of any animal incidents in your community. Incidents are often the catalyst for changes in the law. Following their social media pages aggregates their reports for you into one convenient location.
  2. Follow your lawmakers on social media. They often report about their accomplishments in office because they want to be seen as doing of something of benefit for their constituents.
  3. Regularly check city and county websites, or subscribe to their social media accounts if they have them. Meeting agendas and calendars are often posted on these sites. If your city or county has an animal advisory committee, information about it is usually posted on their websites.

When something dog-related does come up, it is vitally important that you share that information with AKC Government Relations (GR).  A simple email to doglaw@akc.org with your city or county’s name and a link to online reports, or a simple summary written by you, is all it takes to alert us.

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AKC GR will provide updates on Ojai as developments warrant.  For questions or more information on California legislation, contact AKC GR at doglaw@akc.org.