Lompoc, California

§ 6.08.300 Sterilization of Dogs Required—Exemptions.

No person shall own or keep any dog within the City limits that the person knows, or should know, has not been spayed or neutered. This section does not apply to animals meeting any criterion listed below.

A. Dogs under the age of four months;

B. Service or working dogs;

C. Dogs owned, kept, in the custody of, or controlled by nonresidents of the City who are traveling through or visiting the City for a period of 30 days or less;

D. Dogs brought to the City exclusively for the purpose of entering the same in any dog show or exhibition, and which are actually entered in and kept at or near such show or exhibition;

E. Dogs that are show dogs or breeding dogs, evidence of which must be submitted within ten days after request therefore by the Animal Control Officer. Evidence includes, but is not limited to, proof of registration with the American Kennel Club, American Dog Breeders Association, United Kennel Club, or similar national registry, or documentation that the dog has been or is being trained for the purpose of show, field trials, or agility trials;

F. Dogs under treatment in the custody and control of animal hospitals or veterinary facilities;

G. Dogs on sale in duly licensed pet shops;

H. Dogs owned, kept, or controlled by any person having a permit to keep and maintain a kennel; provided, that such dogs are kept enclosed within such pet shop or kennel and identified as set forth in Section 6.08.030(H) during exercise and training;

I. Law enforcement dogs;

J. Any dog for which a State-licensed veterinarian has certified, in writing, sterilization has a high likelihood of serious physical injury or death to the dog due to the dog’s age or medical condition;

K. Any dog whose owner or keeper produces a valid exemption letter for such dog from the City Manager or the City’s Hearing Officer, as set forth in Section 6.08.310 of this Code.

§ 6.08.310 Sterilization Exemption Hearing.

A. Whenever a dog is subject to mandatory sterilization pursuant to this article the owner or keeper of such animal may request a public hearing to be held before the City’s Hearing Officer by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code. The decision triggering the time period to file an appeal shall be the notice to such owner or keeper that sterilization of such dog is required. The owner or keeper of the dog may appear in person at the hearing or present a sworn written statement showing good cause why the dog should be exempted from mandatory sterilization. Good cause shall be shown by the owner’s or keeper’s presentation of facts in mitigation of mandatory sterilization.

B. The Hearing Officer shall consider all facts, testimony, and sworn written statements as to the reason for the requested exemption. The Hearing Officer shall not be limited by technical rules of evidence. Not later than 10 calendar days after the conclusion of that hearing, the Hearing Officer shall issue his or her written determination regarding exemption or nonexemption from mandatory sterilization, the reasons therefor, and such other conclusion as he or she deems appropriate under the circumstances, to protect the rights of the owner or keeper of the dog and to carry out the laws relating thereto.

C. If the owner or keeper of the dog wishes to appeal the Hearing Officer’s determination, then he or she may request a hearing before the City Manager by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code. The hearing shall be held in accordance with Subsections A and B of this Section. The decision of the City Manager shall be final, notwithstanding any other contrary provision of this article.

D. If good cause for exemption from sterilization is not established by the dog’s owner or keeper, then the dog shall be sterilized as set forth below.

1. A veterinarian, chosen by the Animal Control Officer, shall spay or neuter the dog. The owner or keeper of the dog shall pay the cost of such sterilization and reclaim the dog from the veterinarian after the sterilization procedure is completed; or

2. A State-licensed veterinarian, chosen by the owner or keeper of the dog, shall spay or neuter the dog. The animal shelter may release the dog either to the owner or keeper or directly to the veterinarian prior to the sterilization; provided, however, that if the shelter releases the dog to the owner or keeper, then he or she must first sign an affidavit affirming he or she will arrange for the dog to be spayed or neutered within five days after the dog’s release. Upon completion of the sterilization procedure, the owner or keeper shall provide written documentation to the Animal Control Officer verifying such procedure occurred. If the Animal Control Officer does not receive such documentation within 30 days after the dog’s release, or if the owner or keeper of the dog fails to have the dog spayed or neutered within five days after the dog’s release, then the Animal Control Officer shall have the authority to impound the dog, and the owner or keeper may be charged with a violation of Section 6.08.300.

§ 6.12.160 Spay or Neuter of Unaltered Animals Released for Adoption.

A. No dog or cat shall be released by Animal Control Services for adoption unless such dog or cat is spayed or neutered.

B. If a veterinarian licensed to practice veterinary medicine in California certifies that the dog or cat is too sick or injured to be spayed or neutered, or that it would be otherwise detrimental to the health of the dog or cat, then the adopter shall pay Animal Control Services a deposit consistent with the amount set forth in California Food and Agricultural Code section 31761.

C. The deposit shall be temporary and shall be retained until the dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in California.

1. The dog or cat shall be spayed or neutered within 14 business days of that certification.

2. The adopter shall obtain written proof of spaying or neutering from the veterinarian performing the surgery.

3. If the adopter presents proof of spaying or neutering to Animal Control Services within 30 days of obtaining the surgery, then the adopter shall receive a full refund of the deposit.

4. If the dog or cat is spayed or neutered by Animal Control Services, then the deposit will be converted to the fee for the service and retained by Animal Control Services.

5. Unclaimed deposits will be forfeited and expended for programs to spay or neuter dogs or cats.

D. A violation of this section may be filed as either an infraction or a misdemeanor at the discretion of the City Attorney.