Albany, California

§ 10-4.6 Impounded Unaltered Dogs or Cats Returned to Owner/Guardian—When Spaying or Neutering Required—Hearing—Fees.

a. A dog or cat that is not spayed or neutered that is impounded at the animal shelter shall be spayed or neutered at the owner/guardian’s expense before being returned to the owner/guardian, subject to the conditions and exceptions in this subsection.

b. The owner/guardian shall be given a choice of an approved veterinarian to perform the procedure. If the owner/guardian does not select an approved veterinarian, the City, or its agent, may choose one.

c. The City, or its agent, may not have an impounded animal spayed or neutered without the consent of the owner/guardian until the end of the legal holding period after impoundment, unless it falls on a day that the animal shelter is closed, in which case the procedure shall be stayed until the next working day.

d. If the owner/guardian objects to the spay/neuter within the legal holding period after the animal is impounded, and requests a hearing, the hearing shall be granted. A hearing officer to be designated by the City Administrator may determine whether the animal may be returned to its owner/guardian without first being spayed or neutered. In making this decision, the hearing officer shall determine whether the risk that the animal will produce unwanted offspring outweighs the reasons given by the owner/guardian against conducting the procedure. If the hearing officer requires that the spay/neuter procedure be done, that decision shall be final. The owner/guardian is responsible for all boarding fees during the entire impound period.

e. This section shall not apply if a licensed veterinarian certifies that the animal (1) should not be spayed or neutered for health reasons, or (2) is permanently non-fertile.