30804.8.
(a)A person who owns or possesses within the state any dog that is not licensed or is improperly licensed, as required by law, and that has not been spayed or neutered may be cited and, if cited, shall pay a civil penalty as provided in this section. A person who owns or possesses within the state any intact dog that is properly licensed, as required by law, but whose dog is at large may be cited, and, if cited, shall pay a civil penalty as provided in this section. This civil penalty shall be in addition to any fine, fee, or penalty imposed under any other provision of law or local ordinance.(b) At the time that the citation is issued, the local animal control agency shall provide the owner of the dog with information regarding the availability of spaying and neutering services as well as written notification of the civil penalty for a second citation for the same dog, including microchipping of the dog with the owner paying the cost of the procedure, and a civil penalty for the third citation for the same dog, including the spaying or neutering of the dog by order of the local animal control agency, with the owner paying the cost of the procedure.
(c) The owner of the dog shall pay the civil penalty to the local animal control agency within 30 calendar days of the citation. The local animal control agency shall waive the civil penalty if, within 14 calendar days of the citation, the owner of the dog presents written proof from a licensed veterinarian that the dog was spayed or neutered.
(d) The civil penalties shall be as follows:
(1) On the first occurrence, fifty dollars ($50).
(2) On the second occurrence for the same dog, one hundred dollars ($100) and the dog shall be microchipped, with the owner paying the cost of the procedure.
(3) On the third occurrence for the same dog, the spaying or neutering of the dog by order of the local animal control agency, with the owner paying the cost of the procedure.
(e) As used in this section, the following terms apply:
(1) “Local animal control agency” means any city or county animal control agency or other entity responsible for enforcing animal-related laws or local animal control ordinances.
(2) “Spay” and “neuter” mean any procedure performed by a duly licensed veterinarian that permanently sterilizes a dog and makes it incapable of reproduction.
(f) If an owner found in violation of subdivision (a) voluntarily elects to have the nonspayed or unneutered dog microchipped, a local animal control agency shall waive no less than thirty dollars ($30) and may waive all of the corresponding fifty dollar ($50) fine.
(g) Any dog owner who is not a resident of California shall be exempted from this section if the owner provides proof, as determined by the local jurisdiction or its authorized local animal control agency, that the dog is temporarily in California for training, showing, or any other lawful reason.
(h) A dog shall not be required to be microchipped if its owner provides a letter from a California licensed veterinarian stating that due to age, poor health, or illness, it is unsafe to microchip the animal. The letter shall include the veterinarian’s license number, the name of the owner, a description of the dog in question, and, if this information is available, the duration of the condition of the dog, and the date by which the dog may be safely microchipped.
(i) A dog shall not be required to be spayed or neutered if its owner provides a letter from a licensed California veterinarian stating that due to age, poor health, or illness, it is unsafe to spay or neuter the animal. The letter shall include the veterinarian’s license number, the name of the owner, a description of the dog in question, and, if this information is available, the duration of the condition of the dog, and the date by which the dog may be safely spayed or neutered.
(j) This section shall not preclude any city or county from adopting a local ordinance that is more restrictive or imposes higher civil penalties.