Section 31762 Of Chapter 2. Special Provisions Applicable To Counties With A Population Of Less Than 100,000 Persons From California Food And Agricultural Code >> Division 14.5. >> Chapter 2.
31762
. (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.