Fish and Game Code. Division 4. Birds and Mammals. Part 1. Provisions. Generally Applicable
to Both. Chapter 1. General Provisions. Article 1. Methods of Taking.
§ 3005.9. Possession or confinement of live cats; prohibitions; exceptions; violations;
seizure for disposal; exemptions; cats in possession prior to January 1, 1979 and their progeny;
permits; annual fee- REPEALED 2007 (CA LEGIS 285 (2007))
Former Text:
(a) It is unlawful to possess or confine any live cat (family Felidae), except house cats
(Felis domesticus), except as provided in this division and in Section 3202. Any cat possessed
or confined in violation of this section may be seized by the department for disposal as
directed by the commission.
The commission shall adopt regulations permitting the temporary confinement of cats, other than
house cats, for the purpose of required veterinary treatment or care, or for utilization in
television or motion picture productions.
The following institutions, as defined, are exempt from this section:
(1) Any zoo, as defined in Section 2150.
(2) Any university, college, governmental research agency, or other bona fide scientific
institution, as determined by the department, engaging in scientific or public health research.
(b) The following organizations or individuals, as defined by the commission, in compliance
with permits and standards, as specified by the commission, that safeguard the health and
well-being of cats are exempt from the provisions of subdivision (a):
(1) Circuses.
(2) Other professional exhibitors qualified by the department and licensed by the United States
Department of Agriculture.
(3) Dealers and breeders qualified by the department and licensed by the United States
Department of Agriculture.
(4) Wildlife rehabilitation centers, as qualified by the department.
(c) Subdivision (a) of this section shall not prohibit the possession or confinement of any cat
by a person who had lawful possession of the cat on January 1, 1979, pursuant to a permit issued
by the department under Section 2150 or Section 3200. The annual fee for the permit shall be set
by the department in an amount calculated to cover the costs of administration. Progeny
determined to have been conceived before January 1, 1979, are exempt from subdivision (a) of
Section 3005.9 but are subject to department regulations regarding their possession or
confinement.
(d) Cats possessed pursuant to subdivisions (b) and (c) of this section may be sold,
transferred, or disposed of to the institutions or individuals defined as exempt under this
section, when the sale, transfer or disposal is pursuant to a department permit. The permit
shall specify the terms and conditions of sale, transfer, or disposal. These cats shall not be
sold, transferred, or disposed of to private individuals.
The commission shall adopt regulations regarding the possession or confinement of progeny
determined to have been conceived after January 1, 1979. These cats may be sold, transferred, or
disposed of to the institutions defined as exempt under this section, when the sale, transfer,
or disposal is pursuant to a department permit. The permit shall specify the terms and
conditions of sale, transfer, or disposal. These cats shall not be sold, transferred, or
disposed of to private individuals.
This section does not apply to the lawful taking of mammals found to be injuring crops or
property, or to the taking of mammals under depredation permits, or to the lawful taking of
these mammals as authorized by the commission.
(Added by Stats.1978, c. 1153, p. 3538, § 1. Amended by Stats.1981, c. 491, p. 1839, § 1;
Stats.1985, c. 1019, § 7.)
§ 3005.91. Inspection of cat facilities with permits; fees – REPEALED 2007 (CA LEGIS 285
(2007))
Former Text:
The department or an eligible local entity, pursuant to regulations of the commission, shall
inspect the cat facilities of each person holding a permit issued pursuant to regulations of the
commission authorizing the possession of a cat, other than a house cat. These inspections shall
be to ensure that the animal is being held in conformity with law. The department or an eligible
local entity shall collect an inspection fee in an amount determined by the department pursuant
to Section 2150.2. The fee shall be paid over to the department.
(Added by Stats.1978, c. 1153, p. 3539, § 2. Amended by Stats.1985, c. 1019, § 8; Stats.1990,
c. 789 (S.B.2043), § 9.)
§ 3005.92. Regulations on possession and confinement of privately owned cats other than house
cats – REPEALED 2007 (CA LEGIS 285 (2007))
Former Text:
(a) The commission shall promulgate regulations regarding the possession and confinement of
privately owned cats (family felidae) other than house cats. Such regulations shall include the
following requirements:
(i) Specific cage or enclosure standards for each cat species. Such requirements shall be met
by any person applying for a permit or renewal of a permit prior to such issuance or renewal.
(ii) That every cat be inspected by a licensed veterinarian every year, who shall thereafter
issue a health certificate. The certificate shall be attached to the cage or enclosure of the
examined cat.
(b) When it is shown that the holder of a permit issued pursuant to Section 2150, or a license
issued pursuant to subdivision (c) of Section 3202, authorizing the possession or confinement of
a cat, has been convicted of a violation of Section 3005.92, such permit or license may be
revoked.
(Added by Stats.1978, c. 1153, p. 3540, § 3.)
§ 3005.93. Information on possession, and regulations and standards applicable to permit
holders – REPEALED 2007 (CA LEGIS 285 (2007))
Former Text:
The department shall make available upon request information on the possession of a cat, other
than a house cat, and information on regulations and standards applicable to permit holders.
CREDIT(S)
(Added by Stats.1978, c. 1153, p. 3540, § 4.)
§ 3005.94. Advisory committee – REPEALED 2007 (CA LEGIS 285 (2007))
Former Text:
The director may appoint a committee to advise him on the care of cats, other than house cats.
CREDIT(S)
(Added by Stats.1978, c. 1153, p. 3540, § 5.)
Fish and Game Code. Division 4. Birds and Mammals. Part 3. Mammals. Chapter 3. Nongame
Mammals and Depredators. Article 1. Nongame Mammals.
§ 4150. Definition of nongame animals; possession and taking
All mammals occurring naturally in California which are not game mammals, fully protected
mammals, or fur-bearing mammals, are nongame mammals. Nongame mammals or parts thereof may not
be taken or possessed except as provided in this code or in accordance with regulations adopted
by the commission.
CREDIT(S)
(Added by Stats.1971, c. 1470, p. 2907, § 21. Amended by Stats.1977, c. 1208, p. 4083, §
10.)
§ 4151. House cats
Any house cat (Felis domesticus) found within the limits of any fish and game refuge is a
nongame mammal, unless it is in the residence of its owner or upon the grounds of the owner
adjacent to such residence.
(Stats.1957, c. 456, p. 1382, § 4151. Amended by Stats.1957, c. 1972, p. 3520, § 47;
Stats.1971, c. 1470, p. 2908, § 22.)
Food and Agricultural Code (Formerly Agricultural Code. Division 14.5. Regulation of Cats.
Chapter 1. Regulation of Cats Generally.
§ 31750. Repealed by Stats.1985, c. 1290, § 2
§ 31751. Kittens in litters; treatment
For the purposes of this division, each member of a litter of kittens, weaned or unweaned,
shall be treated as an individual animal.
(Added by Stats.1998, c. 747 (A.B.1856), § 6.5, operative Jan. 1, 2000. Amended by Stats.2004,
c. 253 (S.B.1301), § 6.)
§ 31751.3. Control agencies, shelters, or rescue groups; spaying or neutering requirements
(a)(1) Except as otherwise provided in subdivision (b), 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 to a new owner any cat that has not been spayed or
neutered.
(2) For the purposes of this section, a "rescue group" is a for-profit or not-for-profit
entity, or a collaboration of individuals with at least one of its purposes being the sale or
placement of cats that have been removed from a public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, or humane shelter or that have been previously
owned by any person other than the original breeder of that cat.
(b)(1) If a veterinarian licensed to practice veterinary medicine in this state certifies that
a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental
to the health of the cat 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).
(2) The entity shall establish the amount of the deposit at the level it determines is
necessary to encourage the spaying or neutering of cats.
(3) The deposit shall be temporary, and shall only be retained until the cat is healthy enough
to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary
medicine in this state.
(4) The cat shall be spayed or neutered within 14 business days of that certification.
(5) The adopter or purchaser shall obtain written proof of spaying or neutering from the
veterinarian performing the operation.
(6) If the adopter or purchaser presents proof of spaying or neutering to the entity from which
the cat was obtained within 30 business days of obtaining the proof, the adopter or purchaser
shall receive a full refund of the deposit.
(c) 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.
(d) Any funds from unclaimed deposits made pursuant to this section, as it read on January 1,
1999, and any funds from deposits unclaimed after January 1, 2000, may be expended only for
programs to spay or neuter cats and dogs, including agreements with a society for the prevention
of cruelty to animals or a humane society or licensed veterinarian, to operate a program to spay
or neuter cats and dogs.
(e) This section only applies to a county that has a population exceeding 100,000 persons as of
January 1, 2000, and to cities within that county.
CREDIT(S)
(Formerly § 31751, added by Stats.1970, c. 1303, p. 1303, § 1. Amended by Stats.1985, c.
1290, § 3. Renumbered § 31751.3 and amended by Stats.1998, c. 747 (A.B.1856), § 6, operative
Jan. 1, 2000. Amended by Stats.2004, c. 253 (S.B.1301), § 7.)
§ 31751.5. Spayed or neutered cats; reduction in fee
Whenever a city or county requires cat license tags, any such tag shall be issued for one-half
or less of the fee required for a cat, if a certificate is presented from a licensed
veterinarian that the cat has been spayed or neutered.
CREDIT(S)
(Added by Stats.1973, c. 361, p. 802, § 3.)
§ 31751.6. Licensed cattery; exemption from tag requirement
Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement
to obtain a license tag for each cat within the cattery.
CREDIT(S)
(Added by Stats.1973, c. 361, p. 803, § 4.)
§ 31751.7. Nonspayed or unneutered cats; fines
(a) The owner of a nonspayed or unneutered cat that is impounded once by a city or county
animal control agency or shelter, society for the prevention of cruelty to animals, or humane
society, shall be fined thirty-five dollars ($35) on the first occurrence, fifty dollars ($50)
on the second occurrence, and one hundred dollars ($100) for the third or subsequent occurrence.
These fines are for unneutered impounded animals only, and are not in lieu of any fines or
impound fees imposed by any individual city, county, public animal control agency or shelter,
society for the prevention of cruelty to animals shelter, or humane society shelter.
(b) 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 subdivision (a). 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, or humane society shelter. Any funds collected under this section
shall be expended for the purpose of humane education, programs for low cost spaying and
neutering of cats, and any additional costs incurred by the animal shelter in the administration
of the requirements of this division.
(c) 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 division.
(d) This section applies to each county and cities within each county, regardless of
population.
(e) No city or county, society for the prevention of cruelty to animals, or humane society is
subject to any civil action by the owner of a cat that is spayed or neutered in accordance with
this section.
CREDIT(S)
(Added by Stats.1998, c. 747 (A.B.1856), § 7, operative Jan. 1, 2000. Amended by Stats.2004,
c. 253 (S.B.1301), § 9.)
§ 31752. Holding period for impounded cats
(a) The required holding period for a stray cat impounded pursuant to this division shall be
six business days, not including the day of impoundment, except as follows:
(1) If the public or private shelter has made the cat available for owner redemption on one
weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be four
business days, not including the day of impoundment.
(2) If the public or private shelter has fewer than three full-time employees or is not open
during all regular weekday business hours, and if it has established a procedure to enable
owners to reclaim their cats by appointment at a mutually agreeable time when the public or
private shelter would otherwise be closed, the holding period shall be four business days, not
including the day of impoundment.
Except as provided in Sections 17006 and 31752.5, stray cats shall be held for owner redemption
during the first three days of the holding period, not including the day of impoundment, and
shall be available for owner redemption or adoption for the remainder of the holding period.
(b) Except as provided in Section 17006, any stray cat that is impounded pursuant to this
division shall, prior to the euthanasia of that animal, be released to a nonprofit, as defined
in Section 501( c)(3) of the Internal Revenue Code, animal rescue or adoption organization if
requested by the organization prior to the scheduled euthanasia of that animal. In addition to
any required spay or neuter deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals adopted or released. The
public or private shelter may enter into cooperative agreements with any animal rescue or
adoption organization.
(c) During the holding period required by this section and prior to the adoption or euthanasia
of a cat impounded pursuant to this division, a public or private shelter shall scan the cat for
a microchip that identifies the owner of that cat and shall make reasonable efforts to contact
the owner and notify him or her that his or her cat is impounded and is available for
redemption.
CREDIT(S)
(Added by Stats.1980, c. 1060, p. 3397, § 2. Amended by Stats.1998, c. 752 (S.B.1785), § 13,
operative July 1, 1999; Stats.2000, c. 567 (A.B.2754), § 3.)
§ 31752.2. Identification of ownership
(a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall
present sufficient identification to establish his or her ownership of the cat and shall sign a
statement that he or she is the lawful owner of the cat.
(b) Any person who provides false information pursuant to this subdivision about his or her
ownership of the cat shall be liable to the true owner of the cat in the amount of one thousand
dollars ($1,000).
CREDIT(S)
(Added by Stats.2000, c. 567 (A.B.2754), § 4.)
§ 31752.5. Legislative findings and declarations
(a) The Legislature finds and declares the following:
(1) Domestic cats' temperaments range from completely docile indoor pets to completely
unsocialized outdoor cats that avoid all contact with humans.
(2) "Feral cats" are cats with temperaments that are completely unsocialized, although
frightened or injured tame pet cats may appear to be feral.
(3) Some people care for or own feral cats.
(4) Feral cats pose particular safety hazards for shelter employees.
(5) It is cruel to keep feral cats caged for long periods of time; however, it is not always
easy to distinguish a feral cat from a frightened tame cat.
(b) For the purposes of this section, a "feral cat" is defined as a cat without owner
identification of any kind whose usual and consistent temperament is extreme fear and resistance
to contact with people. A feral cat is totally unsocialized to people.
(c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its
owner or caretaker within the first three days of the required holding period, shelter personnel
qualified to verify the temperament of the animal shall verify whether it is feral or tame by
using a standardized protocol. If the cat is determined to be docile or a frightened or
difficult tame cat, the cat shall be held for the entire required holding period specified in
Section 31752. If the cat is determined to be truly feral, the cat may be euthanized or
relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,
animal adoption organization that agrees to the spaying or neutering of the cat if it has not
already been spayed or neutered. In addition to any required spay or neuter deposit, the pound
or shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for
the animal released.
CREDIT(S)
(Added by Stats.1998, c. 752 (S.B.1785), § 14.)
§ 31753. Holding of other impounded animals
Any rabbit, guinea pig, hamster, potbellied pig, bird, lizard, snake, turtle, or tortoise that
is legally allowed as personal property and that is impounded in a public or private shelter
shall be held for the same period of time, under the same requirements of care, and with the
same opportunities for redemption and adoption by new owners or nonprofit, as defined in Section
501(c)(3) of the Internal Revenue Code, animal rescue or adoption organizations as provided for
cats and dogs. Section 17006 shall also apply to these animals. In addition to any required spay
or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to
exceed the standard adoption fee, for animals adopted by new owners or released to nonprofit
animal rescue or adoption organizations pursuant to this section.
CREDIT(S)
(Added by Stats.1998, c. 752 (S.B.1785), § 15. Amended by Stats.1999, c. 83 (S.B.966), § 61;
Stats.2000, c. 567 (A.B.2754), § 5.)
§ 31754. Holding period; owner redemption
(a) Except as provided in Section 17006, any animal relinquished by the purported owner that is
of a species impounded by public or private shelters shall be held for the same holding periods,
with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and
31752, and shall be available for owner redemption or adoption for the entire holding period.
(b) Notwithstanding subdivision (a), kittens or puppies relinquished by the purported owner, or
brought in by any other person with authority to relinquish them, to public or private shelters,
may be available immediately for adoption.
(c) This section shall become operative on July 1, 2002.
CREDIT(S)
(Added by Stats.1998, c. 752 (S.B.1785), § 16.5, operative July 1, 2001. Amended by
Stats.2000, c. 57 (A.B.1786), § 2, operative July 1, 2001; Stats.2000, c. 567 (A.B.2754), §
7.5, operative July 1, 2002.)
§ 31755. Repealed by Stats.1999, c. 81 (A.B.1482), § 1, operative July 1, 2000
Chapter 2. Special Provisions Applicable to Counties with a Population of Less Than 100,000
Persons.
§ 31760. Application of chapter; spaying or neutering required
(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 31751) 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 cat 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 cat 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 cat that has not
been spayed or neutered only if the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or rescue group does both of
the following:
(1) Requires a written agreement, executed by the recipient, acknowledging the cat is not
spayed or neutered and the recipient agrees in writing to be responsible for ensuring the cat
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.
CREDIT(S)
(Added by Stats.1998, c. 747 (A.B.1856), § 8, operative Jan. 1, 2000.)
§ 31761. Spaying or neutering deposits
(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 cat, which will
enable the adopter to take the cat 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 cat 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 cat 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) Deposits 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 31760.
(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.
CREDIT(S)
(Added by Stats.1998, c. 747 (A.B.1856), § 8, operative Jan. 1, 2000.)
§ 31762. Failure to comply with spaying or neutering agreements; forfeitures and fines;
extensions of time
(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 31763.
(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 31763. 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 society 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 cats and 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. This
subdivision is applicable within any county.
(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
cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental
to the health of the cat 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 cats. The deposit
shall be temporary, and shall be retained only until the cat is healthy enough to be spayed or
neutered as certified by a veterinarian licensed to practice veterinary medicine in this state.
The cat 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 cat was obtained within 30 business days, the adopter or purchaser shall receive
a full refund of the deposit.
(d) If an adopted cat dies within the spaying or neutering period provided for in the written
agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. 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 cat.
CREDIT(S)
(Added by Stats.1998, c. 747 (A.B.1856), § 8, operative Jan. 1, 2000.)
§ 31763. False information regarding spaying or neutering; civil penalties; use of funds from
penalties
(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 cat 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 31761.
CREDIT(S)
(Added by Stats.1998, c. 747 (A.B.1856), § 8, operative Jan. 1, 2000.)
§ 31764. Local ordinances; animal placement procedures
Local ordinances concerning the adoption or placement procedures of any animal shelter shall be
at least as restrictive as this chapter.
CREDIT(S)
(Added by Stats.1998, c. 747 (A.B.1856), § 8, operative Jan. 1, 2000.)
§ 31765. Cat license tags; fee discounts
Whenever a county, or a city that is within a county to which this chapter applies, requires
cat license tags, the tag shall be issued for one-half or less of the fee required for a cat, if
a certificate is presented from a licensed veterinarian that the cat has been spayed or
neutered.
CREDIT(S)
(Added by Stats.1998, c. 747 (A.B.1856), § 8, operative Jan. 1, 2000.)
§ 31766. Repealed by Stats.2004, c. 253 (S.B.1301), § 10