New California mandatory spay/neuter law - Page 1

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 30804.6 is added to the Food and Agricultural Code, to read:
   30804.6.  (a) (1) No person may own, keep, or harbor an unaltered and unspayed dog in violation of this section.
   (2) An owner or custodian of an unaltered dog shall have the dog spayed or neutered, provide a certificate of sterility, or obtain an
unaltered dog license in accordance with this section.
   (3) This subdivision shall not apply to a dog with a high likelihood, due to age or infirmity, of suffering serious bodily harm
or death if spayed or neutered. The owner or custodian shall obtain written confirmation of this fact from a veterinarian licensed in
this state. If the dog is able to be safely spayed or neutered at a later date, that date shall be stated in the written confirmation. If
the date for spaying or neutering is more than 30 days, the owner or custodian shall apply for an unaltered dog license.
   (b) (1) It is unlawful for any person who owns, keeps, or harbors any unspayed or unaltered cat six months of age or older to allow or
permit that unspayed or unaltered cat to remain outdoors. 
   (2) An owner or custodian of an unaltered cat shall have the animal spayed or neutered, or provide a certificate of sterility.
   (3) This subdivision shall not apply to a cat with a high likelihood, due to age or infirmity, of suffering serious bodily harm
or death if spayed or neutered. The owner or custodian shall obtain written confirmation of this fact from a veterinarian licensed in
this state. If the cat is able to be safely spayed or neutered at a later date, that date shall be stated in the written confirmation.
   (c) An unaltered dog license may be denied or revoked for one or more of the following reasons:
   (1)  The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section.
   (2) The licensing agency has received at least two complaints, verified by the agency, that the owner, custodian, applicant, or
licensee has allowed a dog to be stray or run at large or has otherwise been found to be neglectful of his or her or other animals.

   (3) The owner, custodian, applicant, or licensee has been previously cited for violating a state law, or a city, county, or
other local governmental provision relating to the care and control of animals.
   (4) The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous,
or vicious, or to be a nuisance within the meaning of the state or local law.
   (5) Any unaltered dog license held by the applicant has been revoked.
   (6) The license application is discovered to contain a material misrepresentation or omission of fact.
   (d) When an unaltered dog license is denied, the applicant may re-apply for a license upon changed circumstances and a showing that
the requirements of this section have been met. The licensing agency shall refund one-half of the license fee when the application is
denied. The applicant shall pay the full fee upon reapplication.
   (e) When an unaltered dog license is revoked, the owner or custodian of the dog may apply for a new license after a 30-day
waiting period upon showing that the requirements of this section have been met. No part of an unaltered dog license fee is refundable
when a license is revoked and the applicant shall pay the full fee upon reapplication.
   (f) The licensing agency shall utilize its existing procedures for any appeal of a denial or revocation of an unaltered dog license.
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   (g) An owner or custodian who offers any unaltered dog for sale, trade, or adoption shall be required to include a valid unaltered dog
license number with the offer of sale, trade, or adoption, or shall otherwise state and establish compliance with this section. The
unaltered dog's license number, and any microchip number for the dog, shall appear on the document transferring ownership of the dog to
the new owner. License and microchip numbers must appear on a document transferring the animal to the new owner.
   (h) An owner or custodian of an unaltered cat shall notify the licensing agency of the name and address of the transferee within 10
days after the transfer. Any microchip number for the cat shall appear on a document transferring ownership of the cat to the new
owner.
   (i) (1) An administrative citation, infraction, or other authorized penalty may be imposed upon an owner or custodian of an
unaltered dog or cat for a violation of this section only if the owner or custodian is concurrently cited for another violation under
state or local law pertaining to the obligations of a person owning or possessing a dog or cat, including the following:
   (A) Failure to possess a current canine rabies vaccination of the subject dog.
   (B) Permitting an owner's dog or cat to roam at large.
   (C) Failure to license a dog.
   (D) Leash law violations.
   (E) Kennel or cattery permit violations.
   (F) Tethering violations.
   (G) Maintaining a dog or cat in unhealthy or unsanitary conditions.
   (H) Failure to provide adequate care for the subject dog or cat in violation of cruelty to animal provisions.
   (I) Rabies quarantine violations for the subject dog.
   (J) Operating a business involving the subject dog or cat without a license or state tax ID number.
   (K) Fighting dog activity in violation of Section 597.5 of the Penal Code.
   (L) Unlawfully leaving animals unattended in motor vehicles.
   (M) Failure to take proper care of potentially dangerous, dangerous, or vicious animals.
   (N) Failure to take proper care of noisy animals.
   (2) Any owner or custodian of an unaltered dog or cat who is found to be subject to a penalty under paragraph (1) shall be required to
spay or neuter the unaltered animal in accordance with this section.
   (j) If an unaltered dog or cat is impounded pursuant to state or local law, in addition to satisfying applicable requirements for the
release of the animal, including, but not limited to, payment of impound fees pursuant to this section, the owner or custodian shall
also do one of the following:
   (1) Provide written proof of the dog's or cat's prior sterilization, if conditions cannot or do not make this assessment
obvious to the licensing agency personnel.
   (2) Have the dog or cat spayed or neutered by a veterinarian associated with the licensing agency at the expense of the owner or
custodian. That expense may include additional fees due to any extraordinary care required.
   (3) Arrange to have the dog or cat spayed or neutered by another veterinarian licensed in this state. The owner or custodian shall pay
to the licensing agency the cost to deliver the animal to the chosen veterinarian. The cost to deliver the animal shall be based on the
licensing agency's hourly rate established by the Controller. The veterinarian shall complete and return to the licensing agency within
10 days a statement confirming that the dog or cat has been spayed or neutered or is, in fact, incapable of breeding and shall release
the dog or cat to the owner or custodian only after the spay or neuter procedure is complete.
   (4) At the discretion of the licensing agency, the dog or cat may be released to the owner or custodian if he or she signs a statement
under penalty of perjury, representing that the dog or cat will be spayed or neutered and that he or she will submit a statement within