Chapter 6.10
REGULATION OF ANIMAL BREEDING
Sections:
6.10.030 Mandatory spaying/neutering.
6.10.050 Unaltered animal certification—Administration.
6.10.060 Use of certification revenue.
6.10.070 Penalty for violation.
6.10.080 Enforcement responsibility.
6.10.010 Findings.
The Board of Supervisors 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 unincorporated areas of Santa Cruz County is a reasonable and effective means of reducing the population of homeless or stray cats and dogs, reducing the need to humanely euthanize healthy cats and dogs, and providing for the health, safety, and welfare of the public. [Ord. 5388 § 3, 2022].
6.10.020 Definitions.
(A) “Director” means the Director of Animal Services or their designated representative.
(B) “Feral cat” means any undomesticated member of Felis domesticus.
(C) “Feral cat colony” means a group of two or more feral cats.
(D) “Unaltered animal certification” means a written authorization, issued annually by the Director, giving permission to maintain an unaltered dog, cat, or rabbit. Fees for the certification shall be established by resolution of the Board of Supervisors. [Ord. 5388 § 3, 2022].
6.10.030 Mandatory spaying/neutering.
(A) No person shall own, harbor, or keep within the unincorporated area of Santa Cruz County, a dog, cat, or domestic rabbit 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 SCCC 6.10.050.
(B) Any person intentionally providing care or sustenance for a dog, cat, or rabbit shall be deemed the owner of such dog, cat, or rabbit 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 Director after consultation with knowledgeable professionals;
(2) 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 Director after consultation with knowledgeable professionals;
(3) Dogs or cats certified by a licensed veterinarian as having a health reason for not being spayed/neutered;
(4) 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 Director after consultation with knowledgeable professionals; and
(5) Rabbits used for commercial purposes, rabbits defined as livestock, or rabbits used for educational purposes such as FFA or 4-H. [Ord. 5388 § 3, 2022].
6.10.040 Care of feral cats.
It is unlawful for any person within the unincorporated area of the County to intentionally provide food, water, or other forms of sustenance to a feral cat colony unless the person also performs the following acts and furnishes the Director with a signed statement verifying such performance:
(A) The person shall register with the Director as caring for feral cats;
(B) The person shall regularly provide water, shelter, and a sufficient quantity of wholesome food for the cat colony, including on weekends and holidays;
(C) The person shall regularly and frequently humanely trap those cats over the age of eight weeks and have them spayed or neutered by a licensed veterinarian;
(D) The person shall arrange to have all trapped cats tested for feline leukemia and feline immune deficiency virus, and to have those who test positive humanely euthanized or isolated indoors;
(E) The person shall ensure that all trapped cats have their ears tipped by a licensed veterinarian at the same time they receive spay/neuter surgery;
(F) The person shall arrange to have all trapped cats vaccinated for rabies in addition to any other vaccination or immunization requirement imposed by the State; and
(G) The person shall provide veterinary care for sick or injured cats. [Ord. 5388 § 3, 2022].
6.10.050 Unaltered animal certification—Administration.
(A) The Director shall administer a certification program to allow for unaltered dogs, cats, or rabbits over the age of six months when the Director determines that the following conditions have been met:
(1) The dog, cat, or rabbit is examined annually by a licensed veterinarian and is following the preventative health care program recommended by the veterinarian;
(2) The Director has not received a complaint, signed under penalty of perjury, stating that the applicant, custodian, or licensee has allowed an unaltered dog, cat, or rabbit to run loose or escape, or has neglected it or another animal;
(3) The applicant or licensee has not been cited or had an animal impounded for violating a State law or local ordinance relating to the care and control of animals;
(4) A court or agency of appropriate jurisdiction has not determined that the dog, cat, or rabbit is a nuisance, or that the animal is a potentially dangerous or vicious animal under a State law or local ordinance;
(5) The animal is properly housed and cared for as follows:
(a) The animal is provided a sufficient quantity of wholesome food and fresh water;
(b) The animal is provided shelter that will allow the animal to stand up, turn around, and lie down without lying in their 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; and
(d) The animal owner otherwise complies with any applicable State law concerning the care and housing of animals;
(6) The owner furnishes the Director with a signed statement agreeing to the following conditions:
(a) The unaltered female dog, cat, or rabbit will have no more than one litter per year, or five litters in their lifetime;
(b) Offspring of the unaltered animal will not be sold or adopted until they are at least eight weeks of age; and
(c) Records will be kept documenting how many offspring were produced and who adopted or purchased them;
(7) The dog for whom the unaltered animal certification is sought is currently licensed as required by Chapter 6.08 SCCC;
(8) Another unaltered dog license held by the applicant has not been revoked; and
(9) The license application does not contain a material misrepresentation of fact. This subsection does not apply to rabbits defined as livestock.
(B) Any person advertising to the public the availability of any dog, cat, or rabbit subject to certification pursuant to this chapter for adoption, sale, barter, or other transfer must prominently display their unaltered animal certification number in the advertisement. The certification number shall also be provided to any person adopting or purchasing any dog, cat, or rabbit subject to certification pursuant to this chapter that is bred in the unincorporated area of the County.
(C) Any owner of an unspayed or unneutered dog, cat, or rabbit who has been cited for failing to obtain an unaltered animal certification shall have their citation dismissed if they are subsequently issued an unaltered animal certification, or if there is proof that the animal has been spayed or neutered within 30 days of the issuance of the citation.
(D) Any owner who is denied an unaltered animal certification or whose certification is revoked by the Director for failure to comply with the requirements of this section may appeal such denial or revocation as set forth in Chapter 6.26 SCCC. [Ord. 5388 § 3, 2022].
6.10.060 Use of certification revenue.
(A) All certification revenue collected pursuant to this chapter, unless otherwise specified, shall be applied by the Animal Shelter as follows:
(1) To recover and/or offset the costs for the enforcement, administration, and support of this chapter; and
(2) To advance the purposes of this chapter by providing for the spaying and neutering of animals, and/or providing for the testing and immunization of feral cats. [Ord. 5388 § 3, 2022].
6.10.070 Penalty for violation.
(A) 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 in accordance with SCCC 6.24.080(A).
(B) Any person who has been cited for their first violation of SCCC 6.10.040 shall not be subject to a fine but may be ordered to comply with the requirements of said section. [Ord. 5388 § 3, 2022].
6.10.080 Enforcement responsibility.
The Director of Animal Services shall be responsible for the enforcement and administration of this chapter. [Ord. 5388 § 3, 2022].
6.10.090 Severability.
The provisions of this chapter are severable. If any section, paragraph, sentence, phrase, or word of this chapter is declared invalid for any reason by a court of competent jurisdiction, such invalidity thereof shall not affect the validity of any other portion of this chapter, which shall remain in full force and effect. [Ord. 5388 § 3, 2022].