Santa Cruz County, California

6.04.130 Spaying or neutering of adopted animals.

Unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question, any person adopting an unspayed or unneutered dog, cat, or rabbit from any animal shelter, humane society, or SPCA shelter or animal welfare or rescue group in the unincorporated area of the County shall have the animal spayed or neutered on or before a date specified in the adoption agreement. On submission of a written statement from a licensed veterinarian to the officer at the shelter responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly.

6.04.150 Public spay and neuter clinic—Establishment—Services and fees.

(A)    The Director may establish a clinic where dogs, cats, and rabbits can be spayed or neutered upon payment of the applicable fees.

(B)    A person requesting that a dog, cat, or rabbit be spayed or neutered must provide written consent to the procedure and confirm in writing that they are the owner of the animal. A custodian who is not the owner of the dog, cat, or rabbit must provide written authorization from the owner of the animal. The owner’s written authorization must contain a waiver of liability of the County, the Santa Cruz County Animal Services Authority, and any employees of those agencies for injury or death to an animal arising from the requested procedure, or any related services.

(C)    The owner or custodian of the animal must pick up the animal on the return date stated by the Director or be subject to a reasonable board-and-care fee starting the day after the return date. An animal that is not picked up within 14 days after the return date is deemed abandoned and the Director may provide it for adoption or humanely euthanize it.

6.10.010 Findings.

The Board of Supervisors finds and declares that a program for mandatory spaying/neutering of cats and dogs combined with a certification system for unaltered cats and dogs owned, harbored, or kept within the unincorporated areas of Santa Cruz County is a reasonable and effective means of reducing the population of homeless or stray cats and dogs, reducing the need to humanely euthanize healthy cats and dogs, and providing for the health, safety, and welfare of the public.

6.10.030 Mandatory spaying/neutering.

(A)    No person shall own, harbor, or keep within the unincorporated area of Santa Cruz County, a dog, cat, or domestic rabbit over the age of six months, which has not been spayed or neutered unless such person holds an unaltered animal certification for the animal issued pursuant to SCCC 6.10.050.

(B)    Any person intentionally providing care or sustenance for a dog, cat, or rabbit shall be deemed the owner of such dog, cat, or rabbit and shall comply with this section.

(C)    The following animals are exempt from the provisions of this section:

(1)    Dogs documented as having been appropriately trained and actually being used by public law enforcement agencies for law enforcement activities, or dogs designated as breeding stock by an appropriate agency or organization approved by the Director after consultation with knowledgeable professionals;

(2)    Dogs documented as having been appropriately trained and actually being used by search and rescue agencies for search and rescue activities, or dogs designated as breeding stock by an appropriate agency or organization approved by the Director after consultation with knowledgeable professionals;

(3)    Dogs or cats certified by a licensed veterinarian as having a health reason for not being spayed/neutered;

(4)    Dogs which are appropriately trained and actually being used for herding of other animals, or as livestock guardian dogs, or dogs designated as breeding stock by an appropriate agency or organization approved by the Director after consultation with knowledgeable professionals; and

(5)    Rabbits used for commercial purposes, rabbits defined as livestock, or rabbits used for educational purposes such as FFA or 4-H.

6.10.050 Unaltered animal certification—Administration.

(A)    The Director shall administer a certification program to allow for unaltered dogs, cats, or rabbits over the age of six months when the Director determines that the following conditions have been met:

(1)    The dog, cat, or rabbit is examined annually by a licensed veterinarian and is following the preventative health care program recommended by the veterinarian;

(2)    The Director has not received a complaint, signed under penalty of perjury, stating that the applicant, custodian, or licensee has allowed an unaltered dog, cat, or rabbit to run loose or escape, or has neglected it or another animal;

(3)    The applicant or licensee has not been cited or had an animal impounded for violating a State law or local ordinance relating to the care and control of animals;

(4)    A court or agency of appropriate jurisdiction has not determined that the dog, cat, or rabbit is a nuisance, or that the animal is a potentially dangerous or vicious animal under a State law or local ordinance;

(5)    The animal is properly housed and cared for as follows:

(a)    The animal is provided a sufficient quantity of wholesome food and fresh water;

(b)    The animal is provided shelter that will allow the animal to stand up, turn around, and lie down without lying in their feces and the area where the animal is kept is properly cleaned and disinfected;

(c)    If the animal is a dog, it must be fully contained on the owner’s property and be provided appropriate exercise; and

(d)    The animal owner otherwise complies with any applicable State law concerning the care and housing of animals;

(6)    The owner furnishes the Director with a signed statement agreeing to the following conditions:

(a)    The unaltered female dog, cat, or rabbit will have no more than one litter per year, or five litters in their lifetime;

(b)    Offspring of the unaltered animal will not be sold or adopted until they are at least eight weeks of age; and

(c)    Records will be kept documenting how many offspring were produced and who adopted or purchased them;

(7)    The dog for whom the unaltered animal certification is sought is currently licensed as required by Chapter 6.08 SCCC;

(8)    Another unaltered dog license held by the applicant has not been revoked; and

(9)    The license application does not contain a material misrepresentation of fact. This subsection does not apply to rabbits defined as livestock.

(B)    Any person advertising to the public the availability of any dog, cat, or rabbit subject to certification pursuant to this chapter for adoption, sale, barter, or other transfer must prominently display their unaltered animal certification number in the advertisement. The certification number shall also be provided to any person adopting or purchasing any dog, cat, or rabbit subject to certification pursuant to this chapter that is bred in the unincorporated area of the County.

(C)    Any owner of an unspayed or unneutered dog, cat, or rabbit who has been cited for failing to obtain an unaltered animal certification shall have their citation dismissed if they are subsequently issued an unaltered animal certification, or if there is proof that the animal has been spayed or neutered within 30 days of the issuance of the citation.

(D)    Any owner who is denied an unaltered animal certification or whose certification is revoked by the Director for failure to comply with the requirements of this section may appeal such denial or revocation as set forth in Chapter 6.26 SCCC.

6.20.030 Charges for impoundment.

(A)    Basic Charges.

(1)    The Director shall charge, and collect from the owner, the charges for impounding animals as established by resolution of the Board of Supervisors.

(2)    For dogs, cats, and rabbits impounded for the first time, the Director may waive the impounding fee for any unaltered dog, cat, or rabbit when, prior to the release of the animal, the reclaiming owner volunteers their animal for spaying or neutering and deposits the fees for the spaying or neutering with the Director.

(3)    Upon the second or subsequent impoundment of a dog, cat, or rabbit, the Director may not waive the impounding fee for any such unaltered animal. Prior to the release of this subsequently impounded dog, cat, or rabbit, the Director shall require that the animal be spayed or neutered and shall require the owner to pay the impounding fee as established by resolution of the Board of Supervisors, and to deposit the fees for the spaying or neutering with the Director.

(a)    The Director shall serve upon the owner of the animal, either personally or either by first class mail with return receipt requested or priority mail, written notice that said animal shall be spayed or neutered upon the expiration of the appeal period, unless the owner requests an administrative hearing.

(b)    The notice shall contain: (i) the name, business address and telephone number of the person providing the notice; (ii) the authority for the order to spay or neuter the animal; (iii) a description of the animal, including any known identification upon the animal; (iv) a statement that the cost of caring and treating any animal is a lien on the animal, and that the animal shall not be returned to its owner until the charges are paid; and (v) notice of the owner’s right to request an administrative hearing to appeal the Director’s order under the provisions of Chapter 6.26 SCCC. Having served such notice, the Director shall continue to detain the animal at the owner’s expense until a hearing is held or the animal is spayed or neutered.

(c)    The owner shall pay all impound charges required by law before the animal is released from the shelter. If the owner refuses to make such payment, the Director shall manage the animal as provided in SCCC 6.20.040.