Emeryville, California

6-1.112 Breeding Animals.

It shall be a violation of this Code for any person to establish or maintain any place where more than two (2) animals are kept for more than two (2) months within the City unless a permit is first obtained from the City.

6-1.304 Redemption.

(a) The owner of any licensed impounded animal shall have the right to reclaim such animal at any time prior to the lawful disposition thereof upon payment to the Director of the costs and charges for impounding and keeping of such animal. The owner shall show proof of a valid, current, antirabies vaccination of any dog so impounded.

(b) An impounded animal that is not spayed or neutered shall be spayed or neutered at the owner’s expense before being returned to the owner, subject to the conditions and exceptions provided in this section.

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

(2) The City may order the spay or neuter of an impounded animal without the owner’s consent. Provided, however, the City may not have an impounded animal spayed or neutered without the consent of the owner until at least seven (7) days after impoundment, unless the seventh day falls on a day that the animal shelter is closed, in which case the procedure shall be stayed until the next working day.

(3) An owner who objects to the spay or neuter procedure may, within seven (7) days after impoundment, request a hearing. In which case the spay or neuter procedure will be stayed and the animal shall continue to be impounded at the animal shelter until final disposition of the hearing. A hearing officer designated by the City Manager shall determine whether the animal may be returned to its owner without first being spayed or neutered. In making this determination, the hearing officer shall determine whether the risk that the animal will produce unwanted offspring outweighs the reasons given by the owner against conducting the procedure. The decision of the hearing officer shall be final with no further right of administrative appeal. The owner is responsible for all boarding fees during the entire impound period. Failure by the owner to request a hearing in the timeframe described herein shall be deemed a waiver of the right to a hearing.

(4) This subsection shall not apply if a licensed veterinarian certifies that the animal: (a) should not be spayed or neutered for health reasons; or (b) is permanently infertile.

6-1.305 Sale and Disposal.

Unlicensed impounded animals which are not reclaimed by their owner and that have been held for the required holding period may be sold by the Director to the person offering to pay a cash amount set by the Director; provided, however, the purchaser shall not be given the possession of any dog until the purchaser shall have paid the licensing authority for the license fee prescribed for such dog; and further provided, that subject to the provisions of Food and Agriculture Code Section 30503 in the case of dogs, and Food and Agriculture Section 31752 in the case of cats, as now provided or as may hereafter be amended, the purchaser shall not be given possession until such dog or any cat so purchased shall have been spayed or neutered and such person has paid the cost therefor. If any dog or another animal impounded by the Director shall not have been redeemed within such period and cannot be sold within a reasonable time thereafter, such dog or other animal may be destroyed by the Director in a humane manner. In lieu of destruction, the Director may release, without charge, any animal to any humane organization which provides an animal adoption service.

The Director may waive the spay or 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.