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Milpitas, CA Animal Ordinances: Pet Store Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Sales confined to
Permitted pet shop, kennel, shelter, or private residence
Facility permit fee
$50 nonrefundable application fee
Permit term
12 months, renewable
Late renewal fee
$20 added to application fee
Kennel/shelter buffer
250 feet from any dwelling
Enforcing agency
City Administrator; Santa Clara County Animal Services

Summary

In the City of Milpitas, dogs, cats and other animals may only be sold, bartered or given away at a permitted pet shop, commercial kennel, animal shelter, horse establishment, or a private residence. Operating a pet shop without an animal facility permit from the City is unlawful under Municipal Code Chapter 210.

It shall be unlawful for any person to display for sale, sell, exchange, barter, or give away any animal except in the following locations: a pet shop, commercial kennel, animal shelter, or horse establishment, all of which must have valid permits under Section V-210-11, or a private residence. This prohibition shall not apply to City of Milpitas permitted animal adoption organizations. ... No person shall conduct, operate or keep any pet shop, commercial kennel, animal shelter or horse establishment in the City without first obtaining an animal facility permit.

Full Breakdown

Milpitas Municipal Code § V-210-9.14 confines animal sales, exchanges and giveaways to four permitted facility types, plus private residences, and expressly carves out City-permitted animal adoption organizations from the restriction. Section V-210-11.01 backs that up on the operator side: no person may conduct, operate or keep a pet shop, commercial kennel, animal shelter or horse establishment in the City without first obtaining an animal facility permit from the Administrator. The application (§ V-210-11.05) must list every type and number of animal kept on-site, and carries a nonrefundable $50 application fee (§ V-210-11.06).

Permits run twelve months from issuance and renew on the same terms as an original application (§ V-210-11.07); missing the renewal deadline adds a $20 late fee on top of the application fee (§ V-210-11.09). Permits are nontransferable (§ V-210-11.02), so a change of ownership requires a fresh application. As a condition of holding a permit, the facility must stay open to inspection by anyone the City authorizes under Chapter 210, without notice during normal business hours and with reasonable notice at other times (§ V-210-11.08).

Section V-210-11.04 also bars issuing or renewing a permit for a commercial kennel or animal shelter within 250 feet of any dwelling, apartment, hotel or other building used for human habitation, unless the Administrator finds the proximity will not disturb residents with excessive noise or odors. A separate rebuttable-presumption rule (§ V-210-11.03) treats maintaining more than two breeding males or producing more than two litters a year as commercial breeding, pulling a backyard operation into the same permit requirement as a commercial kennel. Santa Clara County Animal Services enforces animal-related provisions under the City's animal-control contract.

Violations & Fines

Selling or displaying animals for sale outside a permitted facility or a private residence, or operating an unpermitted pet shop, commercial kennel, animal shelter or horse establishment, violates Chapter 210. Missing permit renewal adds a $20 late fee to the $50 application fee, and violations are enforceable as infractions, escalating to a misdemeanor on a third violation within twelve months under § V-210-13.11.

Frequently Asked Questions

Can a pet store in Milpitas sell dogs and cats?
Only if it holds a valid pet shop permit under Milpitas Municipal Code § V-210-11.01. Section V-210-9.14 limits animal sales, exchanges and giveaways to permitted pet shops, commercial kennels, animal shelters, horse establishments, or a private residence; City-permitted adoption organizations are exempt from the location restriction entirely.
How much does a Milpitas pet shop or kennel permit cost?
The nonrefundable application fee is $50 under § V-210-11.06, and the permit expires twelve months after issuance under § V-210-11.07. Renewing late adds a further $20 fee under § V-210-11.09, charged on top of the standard application fee.
How close can a kennel be to a home in Milpitas?
Section V-210-11.04 bars issuing or renewing a permit for a commercial kennel or animal shelter within 250 feet of any dwelling, apartment, hotel or other occupied building, unless the Administrator finds the proximity will not create disturbing noise or odors for residents.
Can Milpitas inspect a permitted pet facility without notice?
Yes. Section V-210-11.08 makes inspection a condition of holding an animal facility permit, allowing inspection during normal business hours without notice, and at all other times with reasonable notice given to the operator.

Sources & Official References

Other rules in Milpitas

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