SECTIONS 31751-31754 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 31751-31754

31751. For the purposes of this division, each member of a litter
of kittens, weaned or unweaned, shall be treated as an individual
animal.

31751.3. (a) (1) 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.
(2) 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) (1) 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).
(2) The entity shall establish the amount of the deposit at the
level it determines is necessary to encourage the spaying or
neutering of cats.
(3) 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.
(4) The cat shall be spayed or neutered within 14 business days of
that certification.
(5) The adopter or purchaser shall obtain written proof of spaying
or neutering from the veterinarian performing the operation.
(6) 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.

31751.5. Whenever a city or county requires cat license tags, any
such 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.

31751.6. Any licensed cattery may be exempted pursuant to
regulation or ordinance from any requirement to obtain a license tag
for each cat within the cattery.

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.

31752. (a) The required holding period for a stray cat impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
(1) If the public or private shelter has made the cat available
for owner redemption on one weekday evening until at least 7:00 p.m.
or one weekend day, the holding period shall be four business days,
not including the day of impoundment.
(2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their cats by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
Except as provided in Sections 17006 and 31752.5, stray cats shall
be held for owner redemption during the first three days of the
holding period, not including the day of impoundment, and shall be
available for owner redemption or adoption for the remainder of the
holding period.
(b) Except as provided in Section 17006, any stray cat that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal. In addition to any required spay or neuter
deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
adopted or released. The public or private shelter may enter into
cooperative agreements with any animal rescue or adoption
organization.
(c) During the holding period required by this section and prior
to the adoption or euthanasia of a cat impounded pursuant to this
division, a public or private shelter shall scan the cat for a
microchip that identifies the owner of that cat and shall make
reasonable efforts to contact the owner and notify him or her that
his or her cat is impounded and is available for redemption.

31752.2. (a) Upon relinquishment of a cat to a public or private
shelter, the owner of that cat shall present sufficient
identification to establish his or her ownership of the cat and shall
sign a statement that he or she is the lawful owner of the cat.
(b) Any person who provides false information pursuant to this
subdivision about his or her ownership of the cat shall be liable to
the true owner of the cat in the amount of one thousand dollars
($1,000).

31752.5. (a) The Legislature finds and declares the following:
(1) Domestic cats' temperaments range from completely docile
indoor pets to completely unsocialized outdoor cats that avoid all
contact with humans.
(2) "Feral cats" are cats with temperaments that are completely
unsocialized, although frightened or injured tame pet cats may appear
to be feral.
(3) Some people care for or own feral cats.
(4) Feral cats pose particular safety hazards for shelter
employees.
(5) It is cruel to keep feral cats caged for long periods of time;
however, it is not always easy to distinguish a feral cat from a
frightened tame cat.
(b) For the purposes of this section, a "feral cat" is defined as
a cat without owner identification of any kind whose usual and
consistent temperament is extreme fear and resistance to contact with
people. A feral cat is totally unsocialized to people.
(c) Notwithstanding Section 31752, if an apparently feral cat has
not been reclaimed by its owner or caretaker within the first three
days of the required holding period, shelter personnel qualified to
verify the temperament of the animal shall verify whether it is feral
or tame by using a standardized protocol. If the cat is determined
to be docile or a frightened or difficult tame cat, the cat shall be
held for the entire required holding period specified in Section
31752. If the cat is determined to be truly feral, the cat may be
euthanized or relinquished to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal adoption organization
that agrees to the spaying or neutering of the cat if it has not
already been spayed or neutered. In addition to any required spay or
neuter deposit, the pound or shelter, at its discretion, may assess a
fee, not to exceed the standard adoption fee, for the animal
released.

31753. Any rabbit, guinea pig, hamster, potbellied pig, bird,
lizard, snake, turtle, or tortoise that is legally allowed as
personal property and that is impounded in a public or private
shelter shall be held for the same period of time, under the same
requirements of care, and with the same opportunities for redemption
and adoption by new owners or nonprofit, as defined in Section 501(c)
(3) of the Internal Revenue Code, animal rescue or adoption
organizations as provided for cats and dogs. Section 17006 shall also
apply to these animals. In addition to any required spay or neuter
deposit, the public or private shelter, at its discretion, may assess
a fee, not to exceed the standard adoption fee, for animals adopted
by new owners or released to nonprofit animal rescue or adoption
organizations pursuant to this section.

31754. (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
public or private shelters shall be held for the same holding
periods, with the same requirements of care, applicable to stray dogs
and cats in Sections 31108 and 31752, and shall be available for
owner redemption or adoption for the entire holding period.
(b) Notwithstanding subdivision (a), kittens or puppies
relinquished by the purported owner, or brought in by any other
person with authority to relinquish them, to public or private
shelters, may be available immediately for adoption.
(c) This section shall become operative on July 1, 2002.