SECTIONS 31760-31765 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 31760-31765

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.