Wildomar, California

§ 6.06.020 Mandatory spaying and neutering.

A. Altered Dogs and Cats.

1. Requirement. No person may own, keep, or harbor an unaltered dog or cat over the age of four months in violation of this section. An owner or custodian of an unaltered dog must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered exempt license or obtain a hobby breeder license in accordance with this chapter. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility, or obtain a hobby breeder license in accordance with this chapter.

2. Exemptions. This section shall not apply to any of the following and any exempt animals are required to obtain an unaltered exempt license:

a. A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than 30 days, the owner or custodian must apply for an unaltered dog license.

b. A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation.

c. Animals owned by recognized dog or cat breeders, as defined by City or Animal Control Agency.

d. Female dogs over the age of 10 years and male dogs over the age of 12 years, however, an unaltered exempt license is still required.

e. Animals used by law enforcement agencies for law enforcement purposes.

f. A qualified service animal. The person owning or having custody of the animal must have a service animal license and tag issued by the Animal Control Agency.

g. A competition dog or cat that meets the following requirements:

i. The dog must have competed in at least one dog show or sporting competition approved by a national registry or the Animal Control Agency within the last 365 days; or the dog has earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working, or other title from a purebred dog registry referenced above or other registry or dog sport association approved by the Animal Control Agency; or, the owner or custodian of the dog is a member of a purebred dog breed club, approved by the Animal Control Agency, which enforces a code of ethics that includes restrictions on breeding dogs with genetic defects or life threatening health problems.

ii. The cat must have competed in at least one cat show approved by a national registry or the Animal Control Agency; or the cat has earned a conformation title from a purebred cat registry; or the owner or custodian of the cat is a member of a purebred cat breed club approved by the Animal Control Agency, which enforces a code of ethics that includes restrictions on breeding cats with genetic defects or life threatening health problems.

B. Hobby Breeder License. A dog or cat may be exempt from subsection A if the owner or custodian is a hobby breeder, as defined, and obtains a hobby breeder license for each dog and/or cat. Each license authorizes the birth of no more than one litter per animal in any 12-month period. Breeding more than one litter per year will result in penalties.

C. Control of Unaltered Cats. In accordance with subsection A it is unlawful for any person to own, harbor or keep any unaltered cat four months of age or older within the City of Wildomar. The City or Animal Control Agency may take steps to mitigate the impact of feral cat populations in compliance with this law which may include spay and neuter services and/or trap and release programs.

D. Denial or Revocation of Unaltered Exempt License or Hobby Breeder License and Reapplication.

1. The Animal Control Agency may deny or revoke an unaltered exempt license or hobby breeder license for one or more of the following reasons:

a. The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section;

b. The Animal Control Agency has received at least three complaints, verified by the agency, that the owner, custodian, applicant, or licensee of an unaltered dog or cat has allowed it to run at large, or has otherwise neglected it;

c. The owner, custodian, applicant, or licensee has been previously cited for violating a State law, City Code or other municipal provision relating to the care and control of animals;

d. The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous or vicious, or to be nuisance within the meaning of the Wildomar Municipal Code or under State law;

e. Any unaltered exempt license held by the applicant or hobby breeder license has previously been revoked;

f. The license application is discovered to contain a material misrepresentation or omission of fact.

2. Reapplication for Unaltered Exempt License or Hobby Breeder License:

a. When an unaltered exempt license or hobby breeder license is denied, the applicant may reapply for a license upon changed circumstances and a showing that the requirements of this chapter have been met. The Animal Control Agency shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon reapplication.

b. When an unaltered exempt license or hobby breeder license is revoked, the owner or custodian of the dog or cat may apply for a new license after a 30-day waiting period upon showing that the requirements of this chapter have been met. No part of an unaltered exempt license or hobby breeder license fee is refundable when a license is revoked, and the applicant shall pay the full fee upon reapplication.

E. Appeal of Denial or Revocation of unaltered Exempt License or hobby Breeder License.

1. Request for Hearing.

a. Notice of Intent to Deny or Revoke. The Animal Control Agency shall mail to the owner, custodian, licensee, or applicant a written notice of its intent to deny or revoke the license for an unaltered dog or cat which includes the reason(s) for the denial or revocation. The owner, custodian, licensee or applicant may request a hearing to appeal the denial or revocation by filing such request with the Animal Control Agency. The request must be made in writing within 15 days after the notice of intent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation.

b. Administrative Hearing Officer. The hearing shall be conducted by the Animal Control Agency.

c. Notice and Conduct of Hearing. The Animal Control Agency or his/her designee shall mail a written notice of the date, time, and place for the hearing not less than 10 days before the hearing date. The hearing date shall be no more than 45 days after the Animal Control Agency receipt of the request for a hearing. The hearing will be informal, and the rules of evidence will not be strictly observed. The Animal Control Agency shall prepare and mail a written decision to the owner or custodian after the hearing. The decision of the hearing officer shall be the final administrative decision.

2. Change in Location of Unaltered Dog or Cat. If the dog is moved after the Animal Control Agency has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner, custodian, licensee, or applicant must provide the Animal Control Agency with information as to the dog’s whereabouts, including the current owner or custodian’s name, address, and telephone number.

F. Transfer, Sale, and Breeding of Unaltered Dog or Cat.

1. Offer for Sale or Transfer of unaltered Dog. An owner or custodian who offers any unaltered dog over the age of four months of age for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, trade or adoption, or otherwise state and establish compliance with this section. An owner or custodian of an unaltered dog must notify the Animal Control Agency of the name and address of the transferee within 10 days after the transfer. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner.

2. Offer for Sale or Transfer of Unaltered Cat. An owner or custodian of an unaltered cat must notify the Animal Control Agency of the name and address of the transferee within 10 days after the transfer. The microchip numbers must appear on a document transferring the animal to the new owner.

G. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below:

1. An administrative citation, infraction, or other such authorized penalty may be issued to an owner or custodian of an unaltered dog or cat for a violation of this section.

2. Should the owner or custodian of an unaltered dog or cat be found in violation of a State or local law, as stated above in subsection A, the owner or custodian shall be required to spay or neuter the unaltered dog or cat in accordance with this section and waive the fine for the spay or neuter violation, or may quality and purchase an unaltered exempt license, or purchase a hobby breeder license.

H. Impoundment of Unaltered Dog or Cat.

1. When an unaltered dog or cat is impounded pursuant to state and/or local law, in addition to satisfying applicable requirements for the release of the animal, including, but not limited to, payment of impound fees pursuant to Chapter 6.04, the owner or custodian shall also do one of the following:

a. Provide written proof of the dog or cat’s prior sterilization, if conditions cannot or do not make this assessment obvious to Animal Control Agency personnel;

b. Have the dog or cat spayed or neutered by an Animal Control Agency veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required;

c. At the discretion of the Animal Control Agency, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be spayed or neutered and that he or she will submit a statement within 10 days of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been spayed or neutered or is incapable of breeding; or

d. If the owner or custodian demonstrates compliance with this section.

2. Costs of Impoundment.

a. The owner or custodian of the unaltered dog or cat shall be responsible for the costs of impoundment, which shall include daily board costs, vaccination/medication, and any other diagnostic or therapeutic applications as provided Chapter 6.04.

b. The costs of impoundment shall be a lien on the dog or cat, and the unaltered animal shall not be returned to its owner or custodian until the costs are paid or other arrangements are made including, but not limited to, a payment plan. If the owner or custodian of an impounded unaltered animal does not pay the lien against it in full within 10 days, the animal shall be deemed abandoned and become the property of the Animal Control Agency.

I. Fees and Fines.

1. All fees and fines associated with this section shall be set according to resolution adopted by the City Council.

2. All costs and fines collected under this part and the fees collected under this section shall be paid to the Animal Control Agency on behalf of the City to defray the cost of the implementation and enforcement of this program.

§ 6.16.030 Control of unspayed and unaltered cats.

It is unlawful for any person who owns, harbors or keeps any unspayed or unaltered cat four months of age or older within the City to allow or permit such unspayed or unaltered cat to be or remain outdoors in the City.

§ 6.16.110 Impounded dogs and cats and service fees.

A. An impounded dog or cat may be redeemed upon payment of the following fees:

1. For the first impoundment within a 12-month period, $40.00 plus a $12.00 boarding fee for each day of impoundment. If the animal is unaltered and the owner provides proof of spaying or neutering within 60 days of payment of the above fees, the $40.00 impound fee shall be refunded; or if the animal is impounded in a facility where spay/neuter surgeries are performed, and the owner pays for and has the surgery performed before the animal leaves the facility, the impound fee of $40.00 shall be waived.

2. For the second impoundment within a 12-month period, $60.00 plus a $12.00 boarding fee for each day of impoundment. If the animal is unaltered and the owner provides proof of spaying or neutering within 60 days of payment of the above fees, the $60.00 impound fee shall be refunded; or if the animal is impounded in a facility where spay/neuter surgeries are performed, and the owner pays for and has the surgery performed before the animal leaves the facility, the fee of $60.00 shall be waived.

3. For the third or subsequent impoundment within a 12-month period, $100.00 plus a $12.00 boarding fee for each day of impoundment. If the animal is unaltered and the owner provides proof of spaying or neutering within 60 days of payment of the above fees, the $100.00 impound fee shall be refunded; or if the animal is impounded in a facility where spay/neuter surgeries are performed, and the owner pays for and has the surgery performed before the animal leaves the facility, the impound fee of $100.00 shall be waived.

4. Notwithstanding any other provisions of this chapter, where a sterile dog or sterile cat belonging to a person 60 years of age or older is impounded and the owner produces a certificate, signed by a veterinarian that such animal is permanently unable to reproduce, the base impoundment fee for such animal shall be 50% of the applicable impoundment fee specified in this chapter plus $12.00 for each day of impoundment.

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G. Any officer having in his or her custody any unredeemed, impounded dog or cat may release such dog or cat to any adult individual upon payment by that individual of the impound fees and charges specified in subsection A of this section and the spay/neuter deposit fee specified in Section 6.16.120(A) of this chapter, or to a nonprofit corporation formed under the provisions of the California Corporations Code commencing with Section 10400 for the prevention of cruelty to animals or to a nonprofit organization formed under the laws of the State of California for the prevention of cruelty to animals, for such sale or placement as such nonprofit corporation or nonprofit organization may choose. Releases of dogs or cats to such nonprofit corporations or nonprofit organizations pursuant to this subsection shall not be subject to the payment of the impound fees and charges specified in subsection A of this section, but shall be subject to the spay/neuter deposit specified in Section 6.16.120(A) of this chapter.

§ 6.16.120 Spay/neuter deposits for dogs and cats.

A. No person shall be permitted to adopt or purchase any dog or cat which has not been spayed or neutered, from any public animal shelter, society or organization, unless and until a deposit in the amount of $30.00 per cat and $40.00 per dog has been paid by the adopting person or purchaser to the shelter, society or organization from which the subject dog or cat is being adopted or purchased, with the exception that when a female or her offspring are adopted or purchased by one person, only a single such deposit shall be required.

B. Upon the presentation to the health officer of a written statement or receipt from a veterinarian that such adopted or purchased dog or cat has been spayed or neutered, all but five dollars of such deposit as is specified in subsection A of this section shall be refunded to the person who paid the deposit.

C. Notwithstanding the provisions of subsection B of this section, any dog or cat over four months of age at the time it is adopted or purchased, shall be spayed or neutered within 30 days of the date of adoption or purchase or the deposit provided in subsection A of this section shall be deemed unclaimed and nonrefundable unless an extension, for good cause, is granted by the health officer. The adopter or purchaser must present proof of spaying or neutering within 60 days of obtaining the proof or the deposit shall be deemed unclaimed and nonrefundable. Whenever possible, animals will be altered prior to adoption.

D. Notwithstanding the provisions of subsection B of this section, any dog or cat under the age of four months at the time it is adopted or purchased, shall be spayed or neutered before reaching five months of age or the deposit provided in subsection A of this section shall be deemed unclaimed and nonrefundable unless an extension, for good cause, is granted by the health officer. The adopter or purchaser must present proof of spaying or neutering within 60 days of obtaining the proof or the deposit shall be deemed unclaimed and nonrefundable.

§ 6.16.130 Public spay and neuter clinics.

A. Authority for Clinics. The health officer is authorized and

directed to establish clinics at which members of the public who are residents of the City of Wildomar may have dogs and cats spayed or neutered in a humane manner. Fees for services provided by such clinics shall be determined in a minimum amount, to offset costs of operation of such clinics and shall be consistent with the intent of this chapter for providing low-cost, nonprofit public spay and neuter services. Fees shall be established by the City Council.

B. Persons submitting dogs or cats for the above service shall sign a consent form certifying thereon under penalty of perjury that they are the owner of the animals or are otherwise authorized to present the animal for the above operation and such persons may be required to furnish proof of such ownership or authority. Such consent shall contain a waiver of any and all liability of the City, the Animal Control Department and any other City employees for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.

C. The department shall establish a return date by which persons submitting animals for the above operation shall pick up said animals or be subject to reasonable Council care fees to commence the day after such return date. Failure to pick up an animal within 15 days of the return date shall be deemed abandonment of the animal and the animal control officer may dispose of it by sale or destruction.

D. Fees for Spay and Neuter Services. The fees for spay and neuter services at clinics established by the health officer shall be as follows:

1. Any dog: $50.00;

2. Any cat: $25.00.

The above spay and neuter fees will be included in the flat-rate adoption fee at the time of adoption if the dog or cat is adopted from a City animal shelter.