BILL NUMBER: AB 1856 CHAPTERED
BILL TEXT
CHAPTER 747
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 1998
APPROVED BY GOVERNOR SEPTEMBER 22, 1998
PASSED THE ASSEMBLY AUGUST 27, 1998
PASSED THE SENATE AUGUST 26, 1998
AMENDED IN SENATE AUGUST 20, 1998
AMENDED IN SENATE JULY 7, 1998
AMENDED IN SENATE JUNE 30, 1998
AMENDED IN ASSEMBLY MAY 19, 1998
AMENDED IN ASSEMBLY APRIL 30, 1998
AMENDED IN ASSEMBLY APRIL 27, 1998
AMENDED IN ASSEMBLY MARCH 24, 1998
AMENDED IN ASSEMBLY MARCH 19, 1998
INTRODUCED BY Assembly Member Vincent
(Coauthor: Assembly Member Strom-Martin)
FEBRUARY 13, 1998
An act to amend, repeal, and add Section 30503 of, to amend,
renumber, and repeal Section 31751 of, to add Section 31751.3 to, to
add a chapter heading immediately preceding Section 31751 of, and to
add and repeal Sections 30504, 30804.7, and 31751.7 of, and Chapter
1.5 (commencing with Section 30520) to Division 14 of, and Chapter 2
(commencing with Section 31760) to Division 14.5 of, the Food and
Agricultural Code, relating to dogs and cats.
LEGISLATIVE COUNSEL'S DIGEST
AB 1856, Vincent. Dogs and cats: overpopulation: spaying and
neutering.
(1) Existing law prohibits each public pound, society for the
prevention of cruelty to animals shelter, and humane shelter from
selling or giving away any dog or cat that has not been spayed or
neutered, unless a $40 deposit for spaying or neutering the dog or a
$30 deposit for neutering the cat has been tendered, as prescribed.
This bill would, with regard to counties whose population exceeds
100,000 persons, and cities within those counties, revise the
provisions governing the payment of a deposit to require a person who
adopts or purchases a dog or cat that is too sick or injured to be
spayed or neutered to pay a deposit to the appropriate entity, which
would be refunded if the dog or cat is spayed or neutered when it is
healthy. The bill would require that the funds from unclaimed
deposits be expended only for spaying or neutering programs.
The bill would require the owner of a nonspayed or unneutered dog
or cat that is impounded by a public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group to be fined, as prescribed,
for the first, 2nd, 3rd, and subsequent occurrences, thereby imposing
a state-mandated local program by imposing new duties on local
agencies. The bill would immunize cities and counties, societies for
the prevention of cruelty to animals, and humane societies from an
action by the owner of a dog or cat for spaying or neutering the dog
or cat in accordance with the bill. The bill would make any person
who commits specified violations subject to a civil penalty of not
less than $50 on a first violation and a civil penalty of not less
than $100 on any 2nd or subsequent violation.
The bill, with respect to counties with a population of less than
100,000, on January 1, 2000, would prohibit a public animal control
agency or shelter, society for the prevention of cruelty to animals
shelter, humane society shelter, or rescue group from selling or
giving away any cat or dog that has not been spayed or neutered, in
accordance with prescribed requirements.
The bill would make related changes. The bill would become
operative on January 1, 2000, and would remain in effect only until
January 1, 2006, and on that date would be repealed unless a later
enacted statute deletes or extends that date.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares that
overpopulation of dogs and cats in California is a problem of great
public concern. The overpopulation causes public health problems,
adversely affects city and county animal control departments, and
results in needlessly euthanized dogs and cats.
(b) It is the intent of the Legislature, by enacting this act, to
reduce the number of unwanted dogs and cats in California. In order
to reduce the number of stray dogs and cats on the streets, and the
number euthanized in shelters each year, the birth rate must be
reduced. Although the point may seem obvious, humans generally give
birth to a single offspring, while dogs and cats give birth to
litters. Additionally, dogs and cats reach sexual maturity
relatively young and their gestation periods are comparatively short.
The single most effective prevention of overpopulation among dogs
and cats is spaying and neutering.
SEC. 2. Section 30503 of the Food and Agricultural Code is amended
to read:
30503. (a) Except as otherwise provided in subdivision (b), no
public animal control agency or shelter, society for the prevention
of cruelty to animals shelter, humane society shelter, or rescue
group shall sell or give away to a new owner any dog that has not
been spayed or neutered.
For the purposes of this section a rescue group is a for profit or
not for profit entity, or a collaboration of individuals with at
least one of its purposes being the sale or placement of dogs that
have been removed from a public animal control agency or shelter,
society for the prevention of cruelty to animals shelter, or humane
shelter or that have been previously owned by any person other than
the original breeder of that dog.
(b) If a veterinarian licensed to practice veterinary medicine in
this state certifies that a dog is too sick or injured to be spayed
or neutered, or that it would otherwise be detrimental to the health
of the dog to be spayed or neutered, the adopter or purchaser shall
pay the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group a deposit of not less than forty dollars ($40), and not
more than seventy-five dollars ($75). The entity shall establish the
amount of the deposit at the level it determines is necessary to
encourage the spaying or neutering of dogs. The deposit shall be
temporary, and shall only be retained until the dog is healthy enough
to be spayed or neutered, as certified by a veterinarian licensed to
practice veterinary medicine in this state. The dog shall be spayed
or neutered within 14 business days of that certification. The
adopter or purchaser shall obtain written proof of spaying or
neutering from the veterinarian performing the operation. If the
adopter or purchaser presents proof of spaying or neutering to the
entity from which the dog was obtained within 30 business days of
obtaining the proof, the adopter or purchaser shall receive a full
refund of the deposit.
(c) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
(d) Any funds from unclaimed deposits made pursuant to this
section, as it read on January 1, 1999, and any funds from deposits
that are unclaimed after January 1, 2000, may be expended only for
programs to spay or neuter dogs and cats, including agreements with a
society for the prevention of cruelty to animals or a humane society
or licensed veterinarian to operate a program to spay or neuter dogs
and cats.
(e) This section only applies to a county that has a population
exceeding 100,000 persons as of January 1, 2000, and to cities within
that county.
(f) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 2.3. Section 30503 is added to the Food and Agricultural
Code, to read:
30503. (a) No public pound, society for the prevention of cruelty
to animals shelter, or humane shelter shall sell or give away any
dog that has not been spayed or neutered, unless a deposit for
spaying or neutering the dog has been tendered to the pound or
shelter. The deposit shall be in the amount determined by the pound
or shelter to be comparable to the lowest fee charged by
veterinarians in the locale, but shall not exceed forty dollars
($40). A veterinarian shall perform the operation. If a female dog
and her puppies are sold or given away to one individual, only a
single deposit shall be required. The pound or shelter may make
appropriate arrangements for the spaying or neutering of the dog, or
may return the deposit to the person purchasing or receiving the dog
upon presentation of a written statement or receipt from the
veterinarian or clinic that the dog has been spayed or neutered. The
deposit may also include an amount necessary to recover any
additional costs under this section.
(b) Any dog over six months of age at the time it is sold or given
away by the pound or shelter shall be spayed or neutered within 60
days, or the deposit shall be deemed unclaimed. Any dog six months
of age or younger at the time it is sold or given away by the pound
or shelter shall be spayed or neutered within six months, or the
deposit shall be deemed unclaimed.
(c) Any deposit not claimed under subdivision (a) shall be used
only for the following purposes:
(1) A public education program to prevent overpopulation of dogs
and cats.
(2) A program to spay or neuter dogs and cats.
(3) A followup program to assure that animals sold or given away
by the pound or shelter are spayed or neutered.
(4) Any additional costs incurred under this section.
(d) Public pounds, society for the prevention of cruelty to
animals shelters, and humane shelters may enter into cooperative
agreements with each other and with veterinarians in carrying out
this section.
(e) This section shall become operative on January 1, 2006.
SEC. 2.5. Section 30504 is added to the Food and Agricultural
Code, to read:
30504. (a) For purposes of this division, each member of a litter
of puppies, weaned or unweaned, shall be treated as an individual
animal.
(b) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 3. Chapter 1.5 (commencing with Section 30520) is added to
Division 14 of the Food and Agricultural Code, to read:
CHAPTER 1.5. SPECIAL PROVISIONS APPLICABLE TO COUNTIES WITH A
POPULATION OF LESS THAN 100,000 PERSONS
30520. (a) This chapter only applies to a county that has a
population of less than 100,000 persons as of January 1, 2000, and
to cities within that county. A county whose population exceeds
100,000 persons in a year subsequent to January 1, 2000, shall be
subject to Chapter 1 (commencing with Section 30501) commencing on
January 1 of the year immediately following the year in which the
population of that county exceeds 100,000 persons.
(b) Except as otherwise provided in this chapter, no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall sell
or give away any dog that has not been spayed or neutered.
(c) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may not transfer to a new owner a dog that has not been
spayed or neutered, except as provided in subdivision (d).
(d) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may transfer to a new owner a dog that has not been
spayed or neutered only if the animal shelter does both of the
following:
(1) Requires a written agreement, executed by the recipient,
acknowledging the dog is not spayed or neutered and the recipient
agrees in writing to be responsible for ensuring the dog will be
spayed or neutered within 30 business days after the agreement is
signed.
(2) Receives from the recipient a sterilization deposit of not
less than forty dollars ($40) and not more than seventy-five dollars
($75), the terms of which are part of the written agreement executed
by the recipient under this section.
(e) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
30521. (a) A spaying or neutering deposit may be either of the
following:
(1) A portion of the adoption fee or other fees rendered in
acquiring the dog, which will enable the adopter to take the dog for
spaying or neutering to a veterinarian with whom the public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group has an
agreement that provides that the veterinarian will bill the shelter
directly for the sterilization.
(2) A deposit that is both of the following:
(A) Refundable to the recipient if proof of spaying or neutering
of the dog is presented to the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group not more than 30 business
days after the date the dog is spayed or neutered.
(B) Forfeited to the public animal control agency or shelter,
society for the prevention of cruelty to animals shelter, humane
society shelter, or rescue group if proof of spaying or neutering is
not presented to the animal shelter within 30 business days.
(b) A spaying or neutering deposit shall be in the amount
determined by the shelter, but shall not be less than forty dollars
($40) and shall not exceed seventy-five dollars ($75).
(c) All spaying or neutering deposits forfeited or unclaimed under
this section shall be retained by the public animal control agency
or shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group and shall be used by the
public animal control agency or shelter, society for the prevention
of cruelty to animals shelter, humane society shelter, or rescue
group only for the following purposes:
(1) A program to spay or neuter dogs and cats.
(2) A public education program to reduce and prevent
overpopulation of dogs and cats, and the related costs to local
government.
(3) A followup program to ensure that dogs and cats transferred by
the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group are spayed or neutered in accordance with the agreement
executed under subdivision (d) of Section 30520.
(4) 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 chapter.
30522. (a) (1) If a recipient fails to comply with the spaying or
neutering agreement within 30 business days after the agreement is
signed, the recipient shall forfeit the sterilization deposit and is
subject to a fine pursuant to Section 30523.
(2) 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 Section 30523. 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, humane shelter, or rescue group. Any funds
collected under this section shall be expended for the purpose of
humane education, programs for low-cost spaying and neutering of dogs
and cats, and any additional costs incurred by the animal shelter in
the administration of the requirements of this chapter.
(3) If the owner, at any time subsequent to 30 business days after
the spaying or neutering agreement was signed, provides proof of
spaying or neutering, the deposit shall be forfeited, but any fine
levied but not yet paid, shall be waived.
(b) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may extend the date by which spaying or neutering is to
be completed at its discretion for good cause shown. Any extension
shall be in writing.
(c) If a veterinarian licensed to practice veterinary medicine in
this state certifies that a dog is too sick or injured to be spayed
or neutered, or that it would otherwise be detrimental to the health
of the dog to be spayed or neutered, the adopter or purchaser shall
pay the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group a deposit of not less than forty dollars ($40), and not
more than seventy-five dollars ($75). The entity shall establish the
amount of the deposit at the level it determines is necessary to
encourage the spaying or neutering of dogs. The deposit shall be
temporary, and shall be retained only until the dog is healthy enough
to be spayed or neutered as certified by a veterinarian licensed to
practice veterinary medicine in this state. The dog shall be spayed
or neutered within 14 business days of that certification. The
adopter or purchaser shall obtain written proof of spaying or
neutering from the veterinarian performing the operation. If the
adopter or purchaser presents proof of spaying or neutering to the
entity from which the dog was obtained within 30 business days, the
adopter or purchaser shall receive a full refund of the deposit.
(d) If an adopted dog dies within the spaying or neutering period
provided for in the written agreement pursuant to Section 30520,
subdivision (c) shall not apply to the dog. In that case, the
recipient may receive a reimbursement of the sterilization deposit by
submitting to the public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group within the sterilization period a signed
letter from a veterinarian licensed to practice medicine in this
state stating that the animal has died. The letter shall include a
description of the dog.
30523. (a) (1) A person who commits any violation of subdivision
(b) is subject to a civil penalty of not less than fifty dollars
($50) on a first violation of subdivision (b), and a civil penalty of
not less than one hundred dollars ($100) on any second or subsequent
violation of subdivision (b).
(2) An action for a penalty proposed under this section may be
commenced by the administrator of the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group from which the recipient
obtained the animal that is the subject of the violation in a court
of competent jurisdiction.
(b) A person is subject to the civil penalties pursuant to
subdivision (a) if that person does any of the following:
(1) Falsifies any proof of spaying or neutering submitted for the
purpose of compliance with this chapter.
(2) Provides to a public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group or a licensed veterinarian inaccurate
information regarding ownership of any dog required to be submitted
for spaying or neutering under this chapter.
(3) Submits to a public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group false information regarding sterilization
fees or fee schedules.
(4) Issues a check for insufficient funds for any spaying or
neutering deposit required under this chapter.
(c) All penalties collected under this section shall be retained
by the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group imposing the penalties, to be used solely for purposes
provided for under subdivision (c) of Section 30521.
30524. 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
chapter.
30525. Whenever a dog license tag is issued pursuant to this
division, the tag shall be issued 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.
30526. This chapter shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 4. Section 30804.7 is added to the Food and Agricultural
Code, 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 one hundred dollars
($100) for the third or subsequent occurrence. These fines are for
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). 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 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.
(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) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 5. A chapter heading is added immediately preceding Section
31751 of the Food and Agricultural Code, to read:
CHAPTER 1. REGULATION OF CATS GENERALLY
SEC. 6. Section 31751 of the Food and Agricultural Code is amended
and renumbered to read:
31751.3. (a) Except as otherwise provided in subdivision (b), no
public animal control agency or shelter, society for the prevention
of cruelty to animals shelter, humane society shelter, or rescue
group shall sell or give away to a new owner any cat that has not
been spayed or neutered.
For the purposes of this section, a rescue group is a for profit
or not for profit entity, or a collaboration of individuals with at
least one of its purposes being the sale or placement of cats that
have been removed from a public animal control agency or shelter,
society for the prevention of cruelty to animals shelter, or humane
shelter or that have been previously owned by any person other than
the original breeder of that cat.
(b) If a veterinarian licensed to practice veterinary medicine in
this state certifies that a cat is too sick or injured to be spayed
or neutered, or that it would otherwise be detrimental to the health
of the cat to be spayed or neutered, the adopter or purchaser shall
pay the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group a deposit of not less than forty dollars ($40), and not
more than seventy-five dollars ($75). The entity shall establish the
amount of the deposit at the level it determines is necessary to
encourage the spaying or neutering of cats. The deposit shall be
temporary, and shall only be retained until the cat is healthy enough
to be spayed or neutered, as certified by a veterinarian licensed to
practice veterinary medicine in this state. The cat shall be spayed
or neutered within 14 business days of that certification. The
adopter or purchaser shall obtain written proof of spaying or
neutering from the veterinarian performing the operation. If the
adopter or purchaser presents proof of spaying or neutering to the
entity from which the cat was obtained within 30 business days of
obtaining the proof, the adopter or purchaser shall receive a full
refund of the deposit.
(c) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
(d) Any funds from unclaimed deposits made pursuant to this
section, as it read on January 1, 1999, and any funds from deposits
unclaimed after January 1, 2000, may be expended only for programs to
spay or neuter cats and dogs, including agreements with a society
for the prevention of cruelty to animals or a humane society or
licensed veterinarian, to operate a program to spay or neuter cats
and dogs.
(e) This section only applies to a county that has a population
exceeding 100,000 persons as of January 1, 2000, and to cities
within that county.
(f) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 6.3. Section 31751.3 is added to the Food and Agricultural
Code, to read:
31751.3. (a) No public pound, society for the prevention of
cruelty to animals shelter, or humane shelter shall sell or give away
any cat that has not been spayed or neutered, unless a deposit for
spaying or neutering the cat has been tendered to the pound or
shelter. The deposit shall be in the amount determined by the pound
or shelter to be comparable to the lowest fee charged by
veterinarians in the locale, but shall not exceed thirty dollars
($30). A veterinarian shall perform the operation. If a female cat
and her kittens are sold or given away to one individual, only a
single deposit shall be required. The pound or shelter may make
appropriate arrangements for the spaying or neutering of the cat, or
may return the deposit to the person purchasing or receiving the cat
upon presentation of a written statement or receipt from the
veterinarian or clinic that the cat has been spayed or neutered. The
deposit may also include the amount necessary to recover any
additional costs under this section.
(b) All cats over six months of age at the time they are sold or
given away by the pound or shelter shall be spayed or neutered within
60 days, or the deposit shall be deemed unclaimed. All cats six
months of age or younger at the time they are sold or given away by
the pound or shelter shall be spayed or neutered within six months,
or the deposit shall be deemed unclaimed.
(c) Any deposits not claimed under subdivision (a) shall be used
only for the following purposes:
(1) A public education program to prevent overpopulation of cats
and dogs.
(2) A program to spay or neuter cats and dogs.
(3) A followup program to assure that animals sold or given away
by the pound or shelter are spayed or neutered.
(4) Any additional costs incurred under this section.
(d) Public pounds, society for the prevention of cruelty to
animals shelters, and humane shelters may enter into cooperative
agreements with each other and with veterinarians in carrying out
this section.
(e) This section shall become operative on January 1, 2006.
SEC. 6.5. Section 31751 is added to the Food and Agricultural
Code, to read:
31751. (a) For the purposes of this division, each member of a
litter of kittens, weaned or unweaned, shall be treated as an
individual animal.
(b) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 7. Section 31751.7 is added to the Food and Agricultural
Code, 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. These fines are for
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). 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 spaying and neutering of cats, and any additional costs incurred
by the animal shelter in the administration of the requirements of
this division.
(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) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 8. Chapter 2 (commencing with Section 31760) is added to
Division 14.5 of the Food and Agricultural Code, to read:
CHAPTER 2. SPECIAL PROVISIONS APPLICABLE TO COUNTIES WITH A
POPULATION OF LESS THAN 100,000 PERSONS
31760. (a) This chapter only applies to a county that has a
population of less than 100,000 persons as of January 1, 2000, and to
cities within that county. A county whose population exceeds
100,000 persons in a year subsequent to January 1, 2000, shall be
subject to Chapter 1 (commencing with Section 31751) commencing on
January 1 of the year immediately following the year in which the
population of that county exceeds 100,000 persons.
(b) Except as otherwise provided in this chapter, no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall sell
or give away any cat that has not been spayed or neutered.
(c) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may not transfer to a new owner a cat that has not been
spayed or neutered, except as provided in subdivision (d).
(d) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may transfer to a new owner a cat that has not been
spayed or neutered only if the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group does both of the following:
(1) Requires a written agreement, executed by the recipient,
acknowledging the cat is not spayed or neutered and the recipient
agrees in writing to be responsible for ensuring the cat will be
spayed or neutered within 30 business days after the agreement is
signed.
(2) Receives from the recipient a sterilization deposit of not
less than forty dollars ($40) and not more than seventy-five dollars
($75), the terms of which are part of the written agreement executed
by the recipient under this section.
(e) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
31761. (a) A spaying or neutering deposit may be either of the
following:
(1) A portion of the adoption fee or other fees rendered in
acquiring the cat, which will enable the adopter to take the cat for
spaying or neutering to a veterinarian with whom the public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group has an
agreement that provides that the veterinarian will bill the shelter
directly for the sterilization.
(2) A deposit that is both of the following:
(A) Refundable to the recipient if proof of spaying or neutering
of the cat is presented to the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group not more than 30 business
days after the date the cat is spayed or neutered.
(B) Forfeited to the public animal control agency or shelter,
society for the prevention of cruelty to animals shelter, humane
society shelter, or rescue group if proof of spaying or neutering is
not presented to the animal shelter within 30 business days.
(b) Deposits shall be in the amount determined by the shelter, but
shall not be less than forty dollars ($40) and shall not exceed
seventy-five dollars ($75).
(c) All spaying or neutering deposits forfeited or unclaimed under
this section shall be retained by the public animal control agency
or shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group and shall be used by the
public animal control agency or shelter, society for the prevention
of cruelty to animals shelter, humane society shelter, or rescue
group only for the following purposes:
(1) A program to spay or neuter dogs and cats.
(2) A public education program to reduce and prevent
overpopulation of dogs and cats, and the related costs to local
government.
(3) A followup program to ensure that dogs and cats transferred by
the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group are spayed or neutered in accordance with the agreement
executed under subdivision (d) of Section 31760.
(4) 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 chapter.
31762. (a) (1) If a recipient fails to comply with the spaying or
neutering agreement within 30 business days after the agreement is
signed, the recipient shall forfeit the sterilization deposit and is
subject to a fine pursuant to Section 31763.
(2) 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 Section 31763. 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, humane society shelter, or rescue group. Any funds
collected under this section shall be expended for the purpose of
humane education, programs for low cost spaying and neutering of cats
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 chapter. This subdivision
is applicable within any county.
(3) If the owner, at any time subsequent to 30 business days after
the spaying or neutering agreement was signed, provides proof of
spaying or neutering, the deposit shall be forfeited, but any fine
levied but not yet paid, shall be waived.
(b) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may extend the date by which spaying or neutering is to
be completed at its discretion for good cause shown. Any extension
shall be in writing.
(c) If a veterinarian licensed to practice veterinary medicine in
this state certifies that a cat is too sick or injured to be spayed
or neutered, or that it would otherwise be detrimental to the health
of the cat to be spayed or neutered, the adopter or purchaser shall
pay the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group a deposit of not less than forty dollars ($40), and not
more than seventy-five dollars ($75). The entity shall establish the
amount of the deposit at the level it determines is necessary to
encourage the spaying or neutering of cats. The deposit shall be
temporary, and shall be retained only until the cat is healthy enough
to be spayed or neutered as certified by a veterinarian licensed to
practice veterinary medicine in this state. The cat shall be spayed
or neutered within 14 business days of that certification. The
adopter or purchaser shall obtain written proof of spaying or
neutering from the veterinarian performing the operation. If the
adopter or purchaser presents proof of spaying or neutering to the
entity from which the cat was obtained within 30 business days, the
adopter or purchaser shall receive a full refund of the deposit.
(d) If an adopted cat dies within the spaying or neutering period
provided for in the written agreement pursuant to Section 31760,
subdivision (c) shall not apply to the cat. In that case, the
recipient may receive a reimbursement of the sterilization deposit by
submitting to the public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group within the sterilization period a signed
letter from a veterinarian licensed to practice medicine in this
state stating that the animal has died. The letter shall include a
description of the cat.
31763. (a) (1) A person who commits any violation of subdivision
(b) is subject to a civil penalty of not less than fifty dollars
($50) on a first violation of subdivision (b), and a civil penalty of
not less than one hundred dollars ($100) on any second or subsequent
violation of subdivision (b).
(2) An action for a penalty proposed under this section may be
commenced by the administrator of the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group from which the recipient
obtained the animal that is the subject of the violation in a court
of competent jurisdiction.
(b) A person is subject to the civil penalties pursuant to
subdivision (a) if that person does any of the following:
(1) Falsifies any proof of spaying or neutering submitted for the
purpose of compliance with this chapter.
(2) Provides to a public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group or a licensed veterinarian inaccurate
information regarding ownership of any cat required to be submitted
for spaying or neutering under this chapter.
(3) Submits to a public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group false information regarding sterilization
fees or fee schedules.
(4) Issues a check for insufficient funds for any spaying or
neutering deposit required under this chapter.
(c) All penalties collected under this section shall be retained
by the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group imposing the penalties, to be used solely for purposes
provided for under subdivision (c) of Section 31761.
31764. Local ordinances concerning the adoption or placement
procedures of any animal shelter shall be at least as restrictive as
this chapter.
31765. Whenever a county, or a city that is within a county to
which this chapter applies, requires cat license tags, the tag shall
be issued 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.
31766. This chapter shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
SEC. 9. This act shall become operative on January 1, 2000.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.