Berkeley, California

10.04.025 Fees and other charges—Council may impose—Restrictions on use of revenue.

B. The revenue from unclaimed spaying or neutering deposits required under Section 10.04.205(B) is to be used only for spaying and neutering programs

10.04.030 Dog license—Term—Conditions—Exceptions.

A. Except as provided in this section, every owner/guardian of any dog over the age of four months in the City of Berkeley shall pay a license fee for each such dog so owned, cared for, or controlled by such person.

B. All owners/guardians of dogs subject to the licensing requirements of this section shall obtain one of the following three types of dog licenses:

1. Altered dog license: An altered dog license shall be obtained for an altered dog as defined by this chapter.

2. Permanently non-fertile dog license: A permanently non-fertile dog license shall be obtained for a permanently non-fertile dog as defined by this chapter.

3. Unaltered dog license: An unaltered dog license shall be obtained for an unaltered dog as defined by this chapter.

C. An altered dog license and a permanently non-fertile dog license may be purchased for either a one-year or three-year period. An unaltered dog license may only be purchased for a one-year period. The term of all dog licenses shall commence on the date the license fee is received by the City and shall expire on the last day of the month during which the current rabies vaccine for the dog expires.

D. Written proof of neutering or spaying or that the dog permanently cannot reproduce must be provided at the time of the initial licensing for either an altered dog license or a permanently non-fertile dog license, but need not be produced for renewal of such licenses.

10.04.032 Dog license fee waivers and surcharges—Animal license late renewal penalty.

C.  The fee for an altered dog license or a permanently non-fertile dog license shall be waived for “senior citizens.” “Senior citizen” shall mean a person 65 years of age or older. Proof of senior status shall be provided by driver’s license, state identification card, birth certificate, or other similar official document. A senior status license fee waiver shall not apply for unaltered dog and unaltered cat licenses.

D. The fee for an altered dog license or a permanently non-fertile dog license shall be waived for “low-income” citizens. “Low-income” shall be defined by Council resolution. Proof of low-income status is required in any manner defined by the City Manager. A low-income license fee waiver shall not apply for unaltered dog and unaltered cat licenses.

E. There shall be a higher fee or surcharge to be set by resolution for unaltered dog licenses when the unaltered dog to be licensed has “violations.” “Violations” as used in connection with unaltered dog licenses shall include the following three circumstances: (1) within one year of the license application date, the owner/guardian has been convicted of a running at large violation under Berkeley Municipal Code Section 10.04.090, (2) within one year of the license application date, the animal shelter has impounded a dog belonging to the owner/guardian for a running at large violation, or (3) the dog has been deemed a vicious or dangerous dog under Berkeley Municipal Code Section 10.04.170.

10.04.034 Unaltered cat license—Term—Conditions—Exceptions.

A. Except as provided in this section, every owner/guardian of an unaltered cat as defined in this chapter over the age of six months in the City of Berkeley shall pay a license fee for each such unaltered cat.

B. Owners/guardians of unaltered cats subject to licensing under this section shall purchase a one-year license. The term of said unaltered cat license shall commence on the date the license fee is paid and shall expire one year later.

C. The license provisions of this section shall not apply to:

1. An unaltered cat that a licensed veterinarian certifies in writing either cannot reproduce during its remaining life because of age or a permanent health condition, or should not be spayed or neutered at the current time due to a health condition.

2. Unaltered cats that are kept, harbored, or maintained by owners/guardians who are nonresidents and are staying within the City for 60 days or less, if kept, harbored, or maintained only during such temporary sojourn of their owners.

3. Unaltered cats brought into the City for the purpose of participating in any cat show or exhibition.

D. Except as provided in Section 10.04.210, a violation of the requirement that an unaltered cat be licensed is not in itself a sufficient basis to impound a cat. 

10.04.084 Transfer of unaltered dogs and cats—When spaying or neutering required.

No animal shelter, including the City’s Animal Shelter, humane society, humane organization, or animal rescue group shall transfer to a new owner/guardian any dog or cat that is over six months of age that has not been spayed or neutered, unless a licensed veterinarian certifies that the animal (1) should not be spayed or neutered for health reasons, or (2) is permanently non-fertile. 

10.04.088 Feral cats—Public nuisance—Spaying/neutering required if sheltering.

A. Feral cats are hereby declared to be a public nuisance. Feeding or sheltering feral cats is a violation of this section, unless the person doing so establishes to the City that they (a) are working with an animal agency or group registered with the animal shelter, or licensed veterinarian, to spay or neuter the cats in the colony, (b) are making available to the Animal Services staff the documentation of sterilization procedures every two weeks, commencing with the date feeding or sheltering began, and (c) after three months have completed the sterilization of 90% of the feral cats, and after five months have completed the sterilization of 100% of the feral cats. If the person (a) is not working with an animal agency or group registered with the animal shelter, or licensed veterinarian to spay/neuter the feral cats, (b) has not made available to the Animal Shelter proper documentation every two weeks, (c) has not spayed/neutered 90% of the feral cats within three months, or (d) has not spayed/neutered 100% of the feral cats within five months, the person may be cited for a violation of this section. For purposes of this section, “Feral Cat” shall mean an undomesticated or wild cat, or a cat that has reverted to a wild or undomesticated state.

10.04.205 Impounded dogs and cats adoption—Spay/neuter requirements.

A. All impounded dogs and cats which are not reclaimed by their owners/guardians and that have been held for the required holding period may be adopted by private citizens. Except as provided in this section, all dogs and cats that are adopted from the animal shelter must be spayed or neutered at the expense of the person(s) adopting them prior to the transfer of ownership/guardianship.

B. The City’s Animal Shelter may transfer an unaltered dog or cat, if a licensed veterinarian certifies that the animal is either (1) permanently non-fertile, or (2) should not be spayed or neutered for health reasons. In the latter circumstance only, the following spay/neuter deposit requirement applies prior to the transfer of ownership/guardianship being finalized:

1. The new owner/guardian must pay a temporary spay/neuter deposit fee at the animal shelter.

2. Once a veterinarian certifies that the animal is healthy enough to be spayed or neutered, the animal must undergo the procedure within 14 days. The new owner/guardian shall thereupon obtain written documentation from the veterinarian that the animal has been spayed or neutered. The new owner/guardian is entitled to a full refund of the spay/neuter deposit, if the new owner/guardian presents written documentation to the animal shelter within 30 days of the date of the procedure confirming that the animal was spayed or neutered. The deposit shall be retained by the City if the new owner/guardian fails to present timely proof that the animal has been spayed or neutered.

3. The animal shelter may waive the spay/neuter deposit for transfers to other public animal control agencies or shelters, societies for the prevention of cruelty to animals, humane society shelters, rescue groups, or veterinarians. 

10.04.206 Impounded unaltered dogs and cats returned to owner/guardian—When spaying or neutering required—Hearing—Fees.

A. A dog or cat that is not spayed or neutered and is subject to the licensing requirements of this chapter 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 section.

B. The owner/guardian shall be given a choice of veterinarians to perform the procedure. If the owner/guardian does not select a veterinarian, the City may choose one.

C. The City may not have an impounded animal spayed or neutered without the consent of the owner/guardian until at least five days after impoundment, unless the fifth day 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 five days after the animal is impounded, and requests a hearing, the hearing shall be granted. A hearing officer to be designated by the City Manager 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.