Today's Law As Amended


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AB-1634 Dogs and cats: nonspayed or unneutered: civil penalties.(2007-2008)



As Amends the Law Today


SECTION 1.
 This act shall be known and may be cited as the California Responsible Pet Ownership Act.

SEC. 2.

 Section 30804.5 of the Food and Agricultural Code is amended to read:

30804.5.
 Whenever dog license tags are issued pursuant to this division, any such tag shall be issued as follows:
(a) For three-fourths or less of the fee required for a dog, if the dog has been implanted with a microchip that can be used to positively identify the dog, its owner, and the owner’s contact information.
Whenever (b)   dog license tags are issued pursuant to this division, any such tag shall be issued for  For  one-half or less of the fee required for a dog, if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered.
(c) For one-fourth or less of the fee required for a dog, if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered, and the dog has been implanted with a microchip that can be used to positively identify the dog, its owner, and the owner’s contact information.

SECTION 1.SEC. 3.

 Section 30804.7 of the Food and Agricultural Code is amended to read:

30804.7.
 (a) The owner of a nonspayed or unneutered dog that is impounded once by a city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five dollars ($35) on the first occurrence,  fifty dollars ($50) on the second occurrence, and  first occurrence. On the second occurrence, the owner shall be fined  one hundred dollars ($100) for the third or subsequent occurrence.  and the dog shall be microchipped, with the owner paying the cost of the procedure. On the third occurrence, the dog shall be spayed or neutered, with the owner paying the cost of the procedure.  These fines are for nonspayed or  unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter.
(b) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in subdivision (a). At the time that a citation is issued, the animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code 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 the civil penalty for a third citation for the same dog, including the spaying or neutering of the dog with the owner paying the cost of the procedure.  The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost  low-cost  spaying and neutering of dogs, and any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this division. The city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society 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. 
(c) This section applies to each county and cities within each county, regardless of population.
(d) No city or county, society for the prevention of cruelty to animals, or humane society is subject to any civil action by the owner of a dog that is spayed or neutered in accordance with this section.
(e) If an owner found in violation of subdivision (a) voluntarily elects to have the nonspayed or unneutered dog microchipped, a city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society shall waive no less than thirty dollars ($30) and may waive all of the corresponding fifty dollar ($50) fine.
(f) 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.
(g) 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.
(h) A dog shall not be required to be spayed or neutered if its owner provides a letter from a California licensed 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.

SEC. 4.

 Section 30804.8 is added to the Food and Agricultural Code, to read:

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.

SEC. 5.

 Section 31751.5 of the Food and Agricultural Code is amended to read:

31751.5.
 Whenever a city or county requires cat license tags, any such tag shall be issued as follows:
(a) For three-fourths or less of the fee required for a cat, if the cat has been implanted with a microchip that can be used to positively identify the cat, its owner, and the owner’s contact information.
Whenever (b)   a city or county requires cat license tags, any such tag shall be issued for  For  one-half or less of the fee required for a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered.
(c) For one-fourth or less of the fee required for a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered, and the cat has been implanted with a microchip that can be used to positively identify the cat, its owner, and the owner’s contact information.

SEC. 3.SEC. 6.

 Section 31751.7 of the Food and Agricultural Code is amended to read:

31751.7.
 (a) The owner of a nonspayed or unneutered cat that is impounded once by a city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five dollars ($35) on the first occurrence,  fifty dollars ($50) on the second occurrence, and one hundred dollars ($100) for the third or subsequent occurrence.  first occurrence, and the cat shall be microchipped, with the owner paying the cost of the procedure. On the second occurrence, the cat shall be spayed or neutered, with the owner paying the cost of the procedure.  These fines are for nonspayed or  unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter.
(b) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in subdivision (a). At the time that the citation is issued, the animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code shall provide the owner of the cat with information regarding the availability of spaying and neutering services, as well as written notification that the civil penalty for the second citation for the same cat shall be the spaying or neutering of the cat by order of the local animal control agency, with the owner paying the cost of the procedure.  The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost  low-cost  spaying and neutering of cats, and any additional costs incurred by the animal shelter in the administration of the requirements of this division. The city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society shall waive the civil penalty if, within 14 calendar days of the citation, the owner of the cat presents written proof from a licensed veterinarian that the cat was spayed or neutered. 
(c) Local ordinances concerning the adoption or placement procedures of any public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall be at least as restrictive as this division.
(d) This section applies to each county and cities within each county, regardless of population.
(e) No city or county, society for the prevention of cruelty to animals, or humane society is subject to any civil action by the owner of a cat that is spayed or neutered in accordance with this section.
(f) Any cat 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 cat is temporarily in California for training, showing, or any other lawful reason.
(g) A cat 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 cat in question, and, if this information is available, the duration of the condition of the cat, and the date by which the cat may be safely microchipped.
(h) A cat shall not be required to be spayed or neutered if its owner provides a letter from a California licensed 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 cat in question, and, if this information is available, the duration of the condition of the cat, and the date by which the cat may be safely spayed or neutered.

SEC. 7.

 Section 31751.8 is added to the Food and Agricultural Code, to read:

31751.8.
 (a) A person who owns or possesses within the state any cat that is not 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 cat that is properly licensed, as required by law, but whose cat 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 cat with information regarding the availability of spaying and neutering services, as well as written notification that the civil penalty for the second citation for the same cat shall be the spaying or neutering of the cat by order of the local animal control agency, with the owner paying the cost of the procedure.
(c) The owner of the cat 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 cat presents written proof from a licensed veterinarian that the cat was spayed or neutered.
(d) The civil penalties shall be as follows:
(1) On the first occurrence, fifty dollars ($50) and the cat shall be microchipped, with the owner paying the cost of the procedure.
(2) On the second occurrence for the same cat, the spaying or neutering of the cat 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 licensed veterinarian that permanently sterilizes a cat and makes it incapable of reproduction.
(f) Any cat 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 cat is temporarily in California for training, showing, or any other lawful reason.
(g) A cat 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 cat in question, and, if this information is available, the duration of the condition of the cat, and the date by which the cat may be safely microchipped or spayed or neutered.
(h) A cat shall not be required to be spayed or neutered if its owner provides a letter from a California licensed 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 cat in question, and, if the information is available, the duration of the condition of the cat, and the date by which the cat may be safely spayed or neutered.
(i) This section shall not preclude any city or county from adopting a local ordinance that is more restrictive or imposes higher civil penalties.
SEC. 8.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.