Scotts Valley, California

6.08.110 – 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 adopting an unspayed or unneutered dog or cat from any animal shelter, pound, humane society, or SPCA shelter shall have the animal spayed or neutered on or before a 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 insuring compliance with this section, the adoption agreement will be modified accordingly.

Chapter 6.10 – REGULATION OF ANIMAL BREEDING

6.10.010 – Findings.

The city council of the city of Scotts Valley (“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 incorporated areas of the city 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.

6.10.030 – Mandatory spaying/neutering.

A. No person shall own, harbor or keep within the incorporated area of the city 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 6.10.050.

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 by an appropriate agency or organization approved by the poundmaster after consultation with knowledgeable professionals;

2. Dogs documented as having been appropriately trained and actually being used as a service dog such as a guide dog, hearing dog or social/therapy dog, or a dog designated as breeding stock by an appropriate agency or organization approved by the poundmaster 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 by an appropriate agency or organization approved by the poundmaster 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 by an appropriate agency or organization approved by the poundmaster 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.

6.10.050 – Unaltered animal certification— Administration.

A. The poundmaster shall administer a certification program to allow for unaltered animals over the age of six months when the poundmaster 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 the animal control ordinance, Title 6 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 than will allow the animal to stand up, turn around and lay down without laying in his/her feces and the area where the animal is kept is properly cleaned and disinfected,

c. If the animal is a dog, it must be fully contained on the owner’s property and be provided appropriate exercise,

d. The animal owner otherwise complies with any applicable state law concerning the care and housing of animals;

4. The owner furnishes the poundmaster 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 poundmaster 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 A1 of this section.

b. Offspring of the unaltered animal will not be sold or adopted until they are at least seven weeks of age.

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 incorporated area of the city.

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 poundmaster for failure to comply with the requirements of this section may appeal such denial or revocation to the city council by following the provisions of Section 17.50.060 (I) of this code.

F. The issuance of an unaltered animal certification does not allow breeding in violation of any zoning restrictions found elsewhere in Title 17 of this code.

6.10.060 – Use of certification revenue.

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

A. To recover and/or offset the costs for the enforcement, administration and support of this chapter;

B. 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.

6.10.070 – Violation—Penalty.

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 as follows:

A. A fine not to exceed one hundred dollars for a first violation;

B. A fine not to exceed two hundred dollars for a second violation of this chapter within one year;

C. A fine not to exceed five hundred dollars for each additional violation in excess of two violations of this chapter within one year.

6.10.090 – Sale or adoption of dogs or cats.

A. Any person who provides or offers any dog or cat to the public, whether or not for compensation, shall provide to the prospective owner, free of charge, information relating to the vaccination status of the dog or cat. In addition, the provider shall supply to the client, free of charge, information related to pet care and ownership, including information on city laws pertaining to animal control and spay/neuter programs available in the city.

6.12.070 – Exceptions from licensing and waiver of fees.

B. License fees for dogs owned by persons aged sixty-five or older shall be reduced by the amount equal to the license fee for a sexually unreproductive dog for one dog per household.