Special Provisions Applicable To Counties With A Population Of Less Than 100,000 Persons - - CA Food And Agriculture Code

Section § 30520

This law applies to counties in California with populations under 100,000 as of January 1, 2000. If a county's population grows beyond this number, different rules apply from the following January 1st. Animal shelters and rescue groups in these counties cannot sell or give away dogs that haven't been spayed or neutered, except under certain conditions. Specifically, they can transfer unspayed or unneutered dogs only if the new owner signs an agreement to sterilize the dog within 30 business days and pays a sterilization deposit between $40 and $75. Shelters can also partner with veterinarians to manage these requirements instead of taking deposits.

(a) This chapter only applies to a county that has a population of less than 100,000 persons as of January 1, 2000, and to cities within that county. A county whose population exceeds 100,000 persons in a year subsequent to January 1, 2000, shall be subject to Chapter 1 (commencing with Section 30501) commencing on January 1 of the year immediately following the year in which the population of that county exceeds 100,000 persons.

(b) Except as otherwise provided in this chapter, no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away any dog that has not been spayed or neutered.

(c) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may not transfer to a new owner a dog that has not been spayed or neutered, except as provided in subdivision (d).

(d) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may transfer to a new owner a dog that has not been spayed or neutered only if the animal shelter does both of the following:

(1) Requires a written agreement, executed by the recipient, acknowledging the dog is not spayed or neutered and the recipient agrees in writing to be responsible for ensuring the dog will be spayed or neutered within 30 business days after the agreement is signed.

(2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40) and not more than seventy-five dollars ($75), the terms of which are part of the written agreement executed by the recipient under this section.

(e) Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section.

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(Added by Stats. 1998, Ch. 747, Sec. 3. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)

Section § 30521

This law allows animal shelters and similar organizations to require a deposit for spaying or neutering dogs that are adopted. The deposit can either be part of the adoption fee paid to a vet directly by the shelter or a separate refundable amount if the adopter provides proof of neutering within 30 days. The deposit must be at least $40 and no more than $75. If the adopter does not provide proof, the deposit is forfeited to the shelter.

Funds that are not returned to adopters must be used by shelters for specific purposes: spaying and neutering programs, public education on pet overpopulation, ensuring adopted pets are sterilized, and administrative costs related to these activities.

(a) A spaying or neutering deposit may be either of the following:

(1) A portion of the adoption fee or other fees rendered in acquiring the dog, which will enable the adopter to take the dog for spaying or neutering to a veterinarian with whom the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group has an agreement that provides that the veterinarian will bill the shelter directly for the sterilization.

(2) A deposit that is both of the following:

(A) Refundable to the recipient if proof of spaying or neutering of the dog is presented to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group not more than 30 business days after the date the dog is spayed or neutered.

(B) Forfeited to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or neutering is not presented to the animal shelter within 30 business days.

(b) A spaying or neutering deposit shall be in the amount determined by the shelter, but shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75).

(c) All spaying or neutering deposits forfeited or unclaimed under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group and shall be used by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group only for the following purposes:

(1) A program to spay or neuter dogs and cats.

(2) A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to local government.

(3) A followup program to ensure that dogs and cats transferred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered in accordance with the agreement executed under subdivision (d) of Section 30520.

(4) Any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of this chapter.

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(Added by Stats. 1998, Ch. 747, Sec. 3. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)

Section § 30522

If someone agrees to spay or neuter a pet and doesn't do it within 30 business days, they'll lose their deposit and may face a fine. Officers can issue citations for this, and the money collected goes toward animal welfare programs. However, if the pet owner eventually provides proof of the procedure, any fines not yet paid will be waived, though the deposit is still forfeited.

An animal control agency or shelter can allow more time for spaying or neutering if there's a good reason, which must be recorded in writing.

If a vet says it's unsafe to spay or neuter the pet due to health issues, the owner must pay a deposit between $40 and $75, which is refunded if the procedure is completed once the pet is healthy. This needs to be done within 14 business days of the vet's certification, and proof is required to get a refund. If the pet dies during this period, the owner can get their deposit back with a vet's letter confirming the death.

(a)

(1) If a recipient fails to comply with the spaying or neutering agreement within 30 business days after the agreement is signed, the recipient shall forfeit the sterilization deposit and is subject to a fine pursuant to Section 30523.

(2) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in Section 30523. The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane shelter, or rescue group. Any funds collected under this section shall be expended for the purpose of humane education, programs for low-cost spaying and neutering of dogs and cats, and any additional costs incurred by the animal shelter in the administration of the requirements of this chapter.

(3) If the owner, at any time subsequent to 30 business days after the spaying or neutering agreement was signed, provides proof of spaying or neutering, the deposit shall be forfeited, but any fine levied but not yet paid, shall be waived.

(b) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group may extend the date by which spaying or neutering is to be completed at its discretion for good cause shown. Any extension shall be in writing.

(c) If a veterinarian licensed to practice veterinary medicine in this state certifies that a dog is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of not less than forty dollars ($40), and not more than seventy-five dollars ($75). The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of dogs. The deposit shall be temporary, and shall be retained only until the dog is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this state. The dog shall be spayed or neutered within 14 business days of that certification. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the adopter or purchaser presents proof of spaying or neutering to the entity from which the dog was obtained within 30 business days, the adopter or purchaser shall receive a full refund of the deposit.

(d) If an adopted dog dies within the spaying or neutering period provided for in the written agreement pursuant to Section 30520, subdivision (c) shall not apply to the dog. In that case, the recipient may receive a reimbursement of the sterilization deposit by submitting to the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group within the sterilization period a signed letter from a veterinarian licensed to practice medicine in this state stating that the animal has died. The letter shall include a description of the dog.

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(Added by Stats. 1998, Ch. 747, Sec. 3. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)

Section § 30523

If you break certain rules about spaying or neutering animals, you could be fined at least $50 the first time and at least $100 if you do it again. The fines help support animal shelters or groups in taking legal action against you. These rules include faking spay/neuter documents, providing false or misleading information about pet ownership or sterilization fees, and writing bad checks for spay/neuter deposits. The money from these penalties goes to the groups that enforce these rules to support their programs.

(a)

(1) A person who commits any violation of subdivision (b) is subject to a civil penalty of not less than fifty dollars ($50) on a first violation of subdivision (b), and a civil penalty of not less than one hundred dollars ($100) on any second or subsequent violation of subdivision (b).

(2) An action for a penalty proposed under this section may be commenced by the administrator of the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from which the recipient obtained the animal that is the subject of the violation in a court of competent jurisdiction.

(b) A person is subject to the civil penalties pursuant to subdivision (a) if that person does any of the following:

(1) Falsifies any proof of spaying or neutering submitted for the purpose of compliance with this chapter.

(2) Provides to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group or a licensed veterinarian inaccurate information regarding ownership of any dog required to be submitted for spaying or neutering under this chapter.

(3) Submits to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group false information regarding sterilization fees or fee schedules.

(4) Issues a check for insufficient funds for any spaying or neutering deposit required under this chapter.

(c) All penalties collected under this section shall be retained by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group imposing the penalties, to be used solely for purposes provided for under subdivision (c) of Section 30521.

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(Added by Stats. 1998, Ch. 747, Sec. 3. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)

Section § 30524

This law requires that local rules for adopting or placing animals from public shelters or rescue groups must be at least as strict as the state-level regulations outlined in this chapter. This ensures a baseline level of restriction and standards across all localities.

Local ordinances concerning the adoption or placement procedures of any public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall be at least as restrictive as this chapter.

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(Added by Stats. 1998, Ch. 747, Sec. 3. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)

Section § 30524.5

If a veteran wants to adopt a dog from a public animal shelter and shows their ID marked with “VETERAN,” the shelter can't charge any adoption fee. However, shelters can limit these free adoptions to one dog every six months.

(a) A public animal shelter shall not charge an adoption fee for a dog if the person adopting the dog presents to the public animal shelter a current and valid driver’s license or identification card with the word “VETERAN” printed on its face pursuant to Section 12811 of the Vehicle Code.

(b) A public animal shelter may limit the number of dogs adopted from that public animal shelter pursuant to this section to one dog each six-month period.

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(Added by Stats. 2019, Ch. 205, Sec. 3. (SB 245) Effective January 1, 2020.)

Section § 30525

If you get a dog license tag in this area, you can pay half the usual fee if you show proof from a vet that your dog has been spayed or neutered.

Whenever a dog license tag is issued pursuant to this division, the tag shall be issued for one-half or less of the fee required for a dog, if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered.

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(Added by Stats. 1998, Ch. 747, Sec. 3. Effective January 1, 1999. Operative January 1, 2000, by Sec. 9 of Ch. 747.)

Section § 30526

This law requires animal shelters and rescue groups to inform people in writing if a dog they are adopting, buying, or receiving has a known history of biting someone and breaking the skin. The shelter or group must also get a signed acknowledgment from the new owner stating they are aware of the dog's bite history. The purpose is to ensure public safety and proper placement of the dogs. Even if a dog has a documented bite history, it can still be adopted or transferred. If a shelter or rescue group violates these rules, they can be fined up to $500, and the money will go to either the local animal control agency or the city/county treasury, depending on who violated the rule.

(a) For purposes of this section:

(1) “Animal shelter” means a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group.

(2) “Rescue group” means a for-profit or not-for-profit entity or a collaboration of individuals that removes dogs from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter, or rehomes a dog that has been previously owned by any person other than the original breeder of that dog.

(b) If an animal shelter or rescue group knows, to the best of the knowledge of the shelter or rescue group, that a dog, at the age of four months or older, bit a person and broke that person’s skin, thus requiring a state-mandated bite quarantine, the animal shelter or rescue group shall, before selling, giving away, or otherwise releasing the dog, do both of the following:

(1) Disclose in writing to the person to whom the dog is sold, given away, or transferred, the dog’s known bite history and the circumstances related to the bite.

(2) Obtain a signed acknowledgment from the person to whom the dog is sold, given away, or transferred that the person has been provided information about the dog as required by this section. The animal shelter or rescue group shall provide the person with a copy of the signed acknowledgment and retain the original copy in its files.

(c) These documentation and disclosure requirements are for the purpose of public safety and the appropriate placement of dogs. A documented bite history does not necessarily preclude a dog from being available for adoption, release, or transfer, notwithstanding any other law or local ordinance related to biting dogs.

(d) Notwithstanding Sections 31401 and 31402, any violation of this section shall be punished by a civil fine not to exceed five hundred dollars ($500), imposed by the city or county in which the animal shelter or rescue group is located. If the person who violates this section is a society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group, the proceeds of the civil fine shall be paid to the local public animal control agency or shelter. If a public animal control agency or shelter violates this section, the proceeds of the civil fine shall be deposited into the treasury of the city or county in which the public animal control agency or shelter is located.

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(Added by Stats. 2019, Ch. 430, Sec. 2. (AB 588) Effective January 1, 2020.)