Santa Cruz, California

8.12.050 BASIC CHARGES FOR IMPOUNDING ANIMALS.

(a)    The poundmaster shall charge, and collect from the owner, the charges for impounding animals as established by resolution of the Santa Cruz City Council.

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

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

8.12.105 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 residing in the city of Santa Cruz adopting an unspayed or unneutered dog or cat from any animal shelter, pound, humane society or ASA shelter shall have the animal spayed or neutered on or before the date specified in the adoption agreement. On submission of a written statement from a licensed veterinarian to the officer at the shelter or pound responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly.

Chapter 8.16 BREEDING, SALE AND ADOPTION OF ANIMALS

8.16.010 FINDINGS.

The city council 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 city of Santa Cruz is a reasonable and effective means of reducing the population of homeless or stray cats and dogs, reducing the need to euthanize healthy cats and dogs, and providing for the health, safety and welfare of the public.

8.16.030 MANDATORY SPAYING/NEUTERING.

(a)    No person shall own, harbor or keep within the city of Santa Cruz a dog or cat 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 Section 8.16.050.

(b)    Any person intentionally providing care or sustenance for a dog or cat shall be deemed the owner of such dog or cat 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 for law enforcement purposes by an appropriate agency or organization approved by the director of animal control after consultation with knowledgeable professionals;

(2)    Dogs documented as having been appropriately trained and actually being used as service dogs, such as a guide dog, hearing dog, or social/therapy dog, or dogs designated as breeding stock for these purposes by an appropriate agency or organization approved by the director of animal control after consultation with knowledgeable professionals;

(3)    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 for these purposes by an appropriate agency or organization approved by the director of animal control after consultation with knowledgeable professionals;

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

(5)    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 for these purposes by an appropriate agency or organization approved by the director of animal control after consultation with knowledgeable professionals;

(6)    Dogs or cats boarded in a licensed kennel or a business which boards such animals for professional training or resale;

(7)    Dogs or cats which are owned and in the custody and control of persons who do not reside in the city of Santa Cruz, but who are temporarily visiting the city of Santa Cruz or traveling through the city of Santa Cruz.

8.16.050 UNALTERED ANIMAL CERTIFICATION – ADMINISTRATION.

(a)    The director of animal control shall administer a certification program to allow for unaltered animals over the age of six months when the director of animal control determines that the following conditions have been met:

(1)    The animal is examined annually by a licensed veterinarian and is following the preventative health care program recommended by the veterinarian;

(2)    The owner has not had more than two violations of Title 8 of this code within the preceding twenty-four months;

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

(A)    The animal is provided sufficient quantity of good and wholesome food and water;

(B)    The animal is provided shelter that will allow the animal to stand up, turn around, and lie down without lying in his/her feces;

(C)    The area where the animal is kept is properly cleaned and disinfected;

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

(E)    The animal owner otherwise complies with any applicable state or local law concerning the care and housing of animals;

(4)    The owner furnishes the director of animal control with a signed statement agreeing to the following conditions:

(A)    The female unaltered animal will have no more than one litter per year, unless the owner furnishes the director of animal control, in advance of any breeding, a written statement from a licensed veterinarian recommending that the female feline be allowed to have up to two litters per year. This written recommendation may result from the annual examination required pursuant to subsection (a)(1);

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

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

(b)    Any owner advertising to the public the availability of any dog for adoption, sale, barter or other transfer must prominently display his or her unaltered animal certification number in the advertisement. The certification number shall also be provided to any person adopting or purchasing any dog or cat bred in the city of Santa Cruz.

(c)    Commercial establishments selling locally bred dogs or cats shall prominently display the unaltered animal certification number of the animal’s owner.

(d)    Any owner of an unspayed or unneutered dog or cat who has been cited for failing to obtain an unaltered animal certification may have his or her citation dismissed if there is proof that the animal has been spayed or neutered within thirty days of the issuance of the citation.

(e)    Any owner who is denied an unaltered animal certification or whose certification is revoked by the director of animal control for failure to comply with the requirements of this section may appeal such denial or revocation to the city council or the city council’s designee. The decision of the city council or of the city council’s designee shall be final. Appeals to the city council shall be made pursuant to Chapter 1.16 of this code. Appeals to a person designated by the city council to hear the appeal shall be governed by the same appellate rules and procedure set forth in Chapter 1.16 of this code.

8.16.060 USE OF CERTIFICATION REVENUE.

(a)    All certification revenue collected pursuant to this chapter, unless otherwise specified, shall be applied by the city council as follows:

(1)    To recover and/or offset the costs for the enforcement, administration and support of this chapter;

(2)    To advance the purpose of this chapter by providing for the spaying and neutering of animals, and/or providing for the testing and immunization of feral cats.

8.16.080 PENALTY FOR VIOLATION.

(a)    Except as otherwise provided, any person violating or causing or permitting the violation of this chapter shall be deemed guilty of an infraction, and shall be punished by a fine in accordance with Chapter 4.04 of this code.

(b)    Any person who has been cited for his or her first violation of Section 8.16.040 shall not be subject to a fine, but shall be advised of, and ordered to comply with, the requirements of said section.