Alameda County, California

Article II – Spay and Neuter of Dogs and Cats

5.08.100 – Dogs and cats over six months of age.

Any dog or cat over the age of six months adopted from a county operated animal shelter shall be spayed or neutered before transfer of possession of the animal to the new owner who shall pay the cost of the surgery. The veterinarian who performs the surgery on a dog at the time of adoption shall inoculate the dog with a canine antirabies vaccine, the cost of which shall also be paid by the new owner.

5.08.110 – Dogs and cats under six months of age.

No dog or cat six months of age or younger shall be adopted unless a deposit for spaying or neutering the animal has been tendered to the shelter by the new owner. Unless the animal has been spayed or neutered and the director of field services has received written notification thereof within sixty-five (65) days following the animal’s reaching six months of age, the deposit shall be deemed forfeited and the director may file an action in a court of competent jurisdiction in order to repossess the animal.

5.08.120 – Postponement of spaying and neutering for health reasons.

If a county designated veterinarian certifies that the spaying or neutering operation would be hazardous to the animal’s health, the animal shall not be adopted unless a spaying or neutering deposit has been tendered to the shelter by the new owner. Unless the animal has been spayed or neutered and the director has received written notification thereof within sixty-five (65) days following the date of the animal’s adoption, the deposit shall be deemed forfeited and the director may file an action in a court of competent jurisdiction in order to repossess the animal. The veterinarian may extend the forfeiture periods for good cause.

5.08.130 – Animal transfer to certain organizations.

Any unspayed or unneutered dog or cat shall not be transferred from a county shelter to a humane society, society for the prevention of cruelty to animals, rescue group or other organization, unless that organization has a well-established adoption program for the spaying or neutering of such animals and its program is, in the opinion of the director, substantially similar to the county’s program.

5.08.140 – Regulations.

For the implementation of this article, the director shall adopt necessary or appropriate regulations concerning:

1. New owner’s payment of the cost of surgery to the shelter or the veterinarian before transfer of possession of the animal occurs;
2. Appropriate arrangements for the accomplishment of the surgery;
3. Deposits, forfeiture, and return thereof;
4. Pickup by and delivery of the animal to the new owner;
5. […]

5.08.150 – Settling deposits—Spay and neuter fund—Cost of program.

B. Forfeited spay/neuter deposits shall revert to the county’s spay/neuter fund to be used for the purposes stated in Section 30503(c) of the Food and Agricultural Code.