Hollister, California

CHAPTER 6.20. – MANDATORY SPAY AND NEUTER PROGRAM

6.20.010 – Purpose and intent.

A. Pursuant to California Health and Safety Code Section 122331, it is the purpose and intent of this chapter to require the mandatory spaying and neutering of all restricted dogs, as defined in Section 6.20.020, whose owners have not obtained an unaltered dog certification to maintain an intact restricted dog.

B. It is the purpose and intent of this chapter to establish a permit system allowing responsible owners to maintain an intact restricted dog and to breed restricted dogs.

6.20.020 – Definitions.

Except as otherwise provided by this section, the definitions applicable to the city’s animal control regulations contained in Chapter 6.13 apply to this chapter as well.

As used in this chapter, the following words and phrases have the following meanings:

Animal control means the department of the city that is responsible for the regulations specified in Title 6 of the Hollister Municipal Code.

Chihuahua includes any dog that is a Smooth Coat Chihuahua, Long Coat Chihuahua or any dog that exhibits physical traits of any one or more of the above breeds or any dog exhibiting those distinguishing characteristics which conform to the standards established by the American Kennel Club (“AKC”), United Kennel Club (“UKC”), or American Dog Breeders Association (“ADBA”) for any of the above breeds. These standards are listed on the clubs’ websites.

City means the city of Hollister.

Department means animal control of the city of Hollister.

Dog registry means the American Kennel Club (“AKC”), United Kennel Club (“UKC”), or American Dog Breeders Association (“ADBA”).

Pit bull includes any dog that is a Bull Terrier, Miniature Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog that exhibits physical traits of any one or more of the above breeds or any dog exhibiting those distinguishing characteristics which conform to the standards established by the American Kennel Club (“AKC”), United Kennel Club (“UKC”), or American Dog Breeders Association (“ADBA”) for any of the above breeds. These standards are listed on the clubs’ websites.

Puppy means a dog under the age of six months.

Unaltered means an animal that has not been spayed or neutered.

6.20.030 – Mandatory spaying, neutering of restricted dogs.

A. The following breeds of dogs are “restricted dogs,” and are subject to the mandatory spay, neutering, and unaltered dog license requirements of this chapter:

1. Chihuahuas, as defined in Section 6.20.010; and

2. Pit Bulls, as defined in Section 6.20.010.

B. The following animals are exempt from the provisions of this section:

1. Restricted 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 law enforcement agency or organization approved by the animal control supervisor after consultation with knowledgeable professionals;

2. Restricted 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 search and rescue agency or organization approved by the animal control supervisor after consultation with knowledgeable professionals;

3. Restricted dogs certified by a licensed veterinarian as having a health reason for not being spayed/neutered;

4. Restricted dogs boarded in a licensed kennel or a business which boards such animals for professional training or resale.

C. No person shall own, keep, or harbor a restricted dog in violation of this section.

D. No person shall own, keep, or harbor a dog over the age of six months which has not been spayed or neutered unless such person holds for the animal an unaltered dog certification for the animal issued pursuant to this chapter.

E. Any person intentionally providing care or sustenance for a restricted dog shall be deemed the owner of such dog and shall comply with this chapter.

6.20.040 – Determination of breed.

A. Determination. The department will make a breed determination upon request, or upon contact with, or impoundment of a dog believed to be an unaltered restricted dog. The determination shall be made by an animal control officer with the knowledge and experience sufficient to identify the restricted dog.

B. Appeal. The dog owner or custodian may appeal a breed determination by filing a written request for appeal with the department within ten days after notice of the determination is mailed to the owner or custodian. No provision herein shall prohibit personal service. The determination of breed by animal control is deemed final if a timely appeal is not received by the department. The hearing on the appeal shall be held within 30 days after the department’s receipt of the request for appeal. The department shall mail written notification to the owner or custodian of the date, time, and place of the hearing, at least ten days prior to the hearing date. Failure of the owner or custodian or agent to appear at the hearing will result in forfeiture of the right to a hearing.

C. Hearing. The hearing may be informal and the rules of evidence not strictly observed. The hearing shall be conducted by a hearing officer designated by the department. The determination of the hearing officer shall be final.

D. Notice of Determination Following Hearing. The department shall serve written notification of the determination to the owner or custodian of the dog within ten days after the hearing.

E. Confirmation of Compliance with Section 6.20.020. The owner or custodian of an unaltered restricted dog shall comply with Section 6.20.020 within 15 days after receipt of notice of determination that the unaltered dog is subject to Section 6.20.020, by submitting written documentation confirming compliance with that section. If the dog has been moved to another location before such written confirmation is required, the owner or custodian shall provide the department with information as to the dog’s whereabouts, including current owner or custodian’s name, address, and telephone number.

6.20. 050 – Unaltered dog certification—Administration.

A. The animal control supervisor shall administer a certification program to allow for unaltered restricted dogs over the age of six months when he or she determines that the following conditions have been met:

1. The dog is examined annually by a licensed veterinarian and is following the preventative health care program recommended by the veterinarian;

2. The owner has not been convicted of or is not on probation or parole for, one or more violations of the following offenses within the preceding 36 months:

1. Health and Safety Code Section 121705 (concealing bite information),
2. Hollister Municipal Code Section 6.04.450 (interference with poundmaster),
3. Hollister Municipal Code Section 6.08.020 (confinement of females in heat and dangerous dogs),
4. Any violation of Hollister Municipal Code Chapter 6.13 (dangerous animals),
5. Penal Code Section 286.5 (sexual assault on an animal),
6. Penal Code Section 596 (poisoning of animal),
7. Penal Code Section 597 (animal cruelty),
8. Penal Code Section 597a (cruelty re transportation),
9. Penal Code Section 597b (fighting animals),
10. Penal Code Section 597f (failure to care),
11. Penal Code Section 597j (training animal to fight),
12. Penal Code Section 597l (pet shop owner violations),
13. Penal Code Section 597t (confinement),
14. Penal Code Section 597u (prohibited killing methods),
15. Penal Code Section 597z (sale of dogs under eight weeks),
16. Penal Code Section 597.5 (fighting dogs),
17. Penal Code Section 597.7 (confinement in motor vehicle),
18. Penal Code Section 598a (killing animal to sell pelt),
19. Penal Code Section 599aa (seizure of fighting animals),
20. Penal Code Section 487e, Section 487f or Section 487g (theft of animal),
21. Any violation of another jurisdiction’s ordinance or regulation the content of which is consistent with the above Hollister Municipal Code sections;

3. The owner has not been convicted of two or more violations of the following offenses within the preceding 24 months:

1. Hollister Municipal Code Section 6.08.010 (running at large),
2. Hollister Municipal Code Section 6.08.170 (impoundment),
3. Hollister Municipal Code Section 6.08.040 (vaccination required),
4. Hollister Municipal Code Section 6.08.030 (maximum number of dogs),
5. Hollister Municipal Code Section 6.08.050 (curbing dogs),
6. Hollister Municipal Code Section 6.08.120 (dog licensing),
7. Any violation of another jurisdiction’s ordinance or regulation the content of which is consistent with the above Hollister Municipal Code sections;

4. Within the preceding 24 months, the owner has not received an order from animal control of the city of Hollister or another jurisdiction involving the dog for which the unaltered dog certification is sought, pursuant to:

a. Hollister Municipal Code Section 6.08.100 (quarantine of biting dog) or another jurisdiction’s ordinance or regulation the content of which is consistent with this Hollister Municipal Code section,

b. Any order issued pursuant to Chapter 6.13 (Dangerous animals) or another jurisdictions’ ordinance or regulation the content of which is consistent with this Hollister Municipal Code section;

5. The dog for which the unaltered dog certification is sought has not been determined to be a “dangerous dog” pursuant to Chapter 6.13 of the Hollister Municipal Code or pursuant to another jurisdiction’s dangerous dog ordinance or regulation;

6. The dog is properly housed and cared for as follows:

a. The dog is provided sufficient quantity of good and wholesome food and water,

b. The dog is provided shelter that will allow the animal to stand up, turn around, and lay down without laying in its feces,

c. The area where the dog is kept is properly cleaned and disinfected,

d. The dog must be fully contained on the owner’s property and be provided appropriate exercise,

e. The owner otherwise complies with any applicable state law concerning the care and housing of dogs;

7. The owner furnishes the animal control supervisor with a signed statement agreeing to the following conditions:

a. The female unaltered restricted dog will have no more than one litter per year, unless the owner furnishes the animal control supervisor in advance of any breeding a written statement from a licensed veterinarian recommending that the dog be allowed to have up to two litters per year,

b. Offspring of the unaltered restricted dog will not be sold or adopted or transferred until they are at least eight weeks of age,

c. Records will be kept for three years documenting how many offspring were produced and who adopted or purchased them;

8. The dog for which the unaltered dog certification is sought is currently licensed as required by Chapter 6.08 of the Hollister Municipal Code;

9. Payment of one-time unaltered dog registration fee.

B. Any person advertising to the public the availability of any dog subject to certification pursuant to this chapter, for adoption, sale, barter, or other transfer must prominently display the unaltered dog certification number in the advertisement. The certification number shall also be provided to any person adopting, purchasing, or accepting any dog subject to certification pursuant to this chapter.

C. Any owner of a restricted dog who is denied an unaltered dog certification or whose certification is revoked by the animal control supervisor for failure to comply with the requirements of this section may appeal such denial or revocation to a hearing officer appointed by the city, using the same procedures outlined in Section 6.20.030.

6.20.060 – Penalties.

The penalties for violations of any provision of this chapter are as follows:

A. First Violation. A first violation may result in the department impounding the restricted dog in accordance with Section 6.20.050. A first violation shall be an infraction punishable by a fine not to exceed $100.00. If the owner or custodian fails to correct the underlying cause of the violation within 30 days after being notified of the violation, it shall be deemed a second violation.

Any owner of an unaltered restricted dog who has been cited for failing to obtain an unaltered dog certification shall have his or her 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.

B. Second Violation. A violation within one year of a first violation shall be deemed a second violation. A second violation is an infraction punishable by a fine not to exceed $200.00.

C. Third or More Violations. Each subsequent violation after the second within one year shall be punishable as a misdemeanor.

6.20.070 – Impoundment of unaltered restricted dog

A. If an unaltered restricted dog is impounded, the owner or custodian may reclaim the unaltered restricted dog when one of the following occurs:

1. The dog is spayed or neutered by a department veterinarian at the expense of the owner or custodian. A deposit shall be received prior to the procedure. Such expense may include additional fees due to extraordinary care required;

2. At the discretion of the department, the restricted dog may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog will be spayed or neutered and that he or she will submit a statement within ten days, signed by the veterinarian, confirming that the dog has been spayed or neutered. If the owner or custodian fails to comply with the terms or conditions of the statement, the department shall have the right to impound the dog and the owner or custodian shall be charged with a second violation under Section 6.20.050;

3. The owner of the restricted dog obtains an unaltered dog certification;

4. During the pendency of any proceedings hereunder for the determination of breed.

B. Second Incident of Unaltered Restricted Dog Running At Large. The second time that an unaltered restricted dog is found to be running at large, or impounded for running at large, as that term is defined in Hollister Municipal Code Section 6.08.010, the unaltered restricted dog shall be impounded, and the owner shall be required to spay or neuter the restricted dog as provided in Section 6.20.060(A).

C. Costs of Impoundment.

[…]

2. The costs of impoundment shall be a lien on the dog, and the unaltered restricted dog shall not be returned to its owner or custodian until the costs are paid. If the owner or custodian of an impounded unaltered restricted dog does not pay the lien against the dog in full within 14 days, or any department-approved extension of this deadline, the dog shall be deemed abandoned to the department.