Dana Point, California

§ 10.09.200 Redemption of Unaltered Animals.

The City Council finds that there exists a serious pet overpopulation problem that has resulted in a threat to public safety and health within the City, inhumane treatment of animals, euthanasia of animals at the area animal shelters and escalating costs for animal care and control. Further, Council finds that uncontrolled breeding is the cause and, without action aimed at the source, this problem and its serious consequences will remain unabated. Council finds that part of the solution is for any unaltered animal that is found at large, running loose, or unrestrained off the owner’s property on multiple occasions be required to be spayed or neutered at the owner’s expense before being returned to the owner, unless the owner provides documentation that the animal is subject to one of the enumerated exceptions to this provision.

(a) When an unaltered animal is impounded on two or more occasions in a three year period, the owner may not redeem the unaltered animal until one of the following occurs:

(1) The animal is spayed or neutered at the expense of the owner by a veterinarian selected by the Authority. Such expense may include additional fees due to extraordinary care required;

(2) The animal is spayed or neutered by another Authority approved veterinarian. The owner may arrange for another Authority approved veterinarian to spay or neuter the animal, and shall pay to the Authority the cost to deliver the animal to the chosen veterinarian. The veterinarian shall complete and return to the Authority within 10 days, a statement confirming that the animal has been spayed or neutered and shall release the animal to the owner only after the spay or neuter procedure is complete;

(3) At the discretion of the General Manager or authorized agent, the animal may be released to the owner if the owner signs a statement under penalty of perjury, representing that the animal will be spayed or neutered and that the owner will submit a statement within 10 days, signed by the veterinarian, confirming that the animal has been spayed or neutered;

(4) The owner provides a letter to the Authority from a licensed veterinarian certifying that the animal’s health would be best served by spaying or neutering after a specified date; or that due to age, poor health, or illness it is unsafe to spay or neuter the animal. This letter shall include the veterinarian’s license number, and the date by which the animal may be safely spayed or neutered, if ever; or

(5) The owner provides documentation to the Authority that:

(A) The animal is a breed approved by and is registered with a registry or association recognized by the Authority, whose program and practices are consistent with the humane treatment of animals, and the animal is actively used to show or compete and has competed in at least one show or sporting competition hosted by or under the approval of the recognized registry or association within the last two years, or is being trained or groomed to show or compete and is too young to have yet competed,

(B) The animal has earned, or if under three years old, is actively being trained and in the process of earning, an agility, carting, herding, protection, rally, hunting, working, or other title from a registry or association approved by the Authority,

(C) The animal is being trained or has been appropriately trained and is actively used in a manner that meets the definition of guide, signal or service animal as set forth in Subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, or the animal is enrolled in a guide, signal or service animal breeding program administered by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the California Business and Professions Code, or

(D) The animal is appropriately trained or is in the process of being trained and is actively used by law enforcement agencies or the military for law enforcement, military or rescue activities.

(b) Costs of Impoundment.

(1) The owner of the unaltered animal shall be responsible for the costs of impoundment, which shall include daily board costs.

(2) The costs of impoundment shall be a lien on the animal, and the unaltered animal shall not be returned to its owner until the costs are paid. If the owner of an impounded unaltered animal does not pay the lien against the animal in full within the designated impoundment period, the animal shall be deemed abandoned to the Authority in accordance with Sections 10.09.070 and 10.09.080.