SECTIONS 31751-31754

31751.  For the purposes of this division, each member of a litterof kittens, weaned or unweaned, shall be treated as an individualanimal.31751.3.  (a) (1) Except as otherwise provided in subdivision (b),no public animal control agency or shelter, society for theprevention of cruelty to animals shelter, humane society shelter, orrescue group shall sell or give away to a new owner any cat that hasnot been spayed or neutered. (2) For the purposes of this section, a "rescue group" is afor-profit or not-for-profit entity, or a collaboration ofindividuals with at least one of its purposes being the sale orplacement of cats that have been removed from a public animal controlagency or shelter, society for the prevention of cruelty to animalsshelter, or humane shelter or that have been previously owned by anyperson other than the original breeder of that cat. (b) (1) If a veterinarian licensed to practice veterinary medicinein this state certifies that a cat is too sick or injured to bespayed or neutered, or that it would otherwise be detrimental to thehealth of the cat to be spayed or neutered, the adopter or purchasershall pay the public animal control agency or shelter, society forthe prevention of cruelty to animals shelter, humane society shelter,or rescue group a deposit of not less than forty dollars ($40), andnot more than seventy-five dollars ($75). (2) The entity shall establish the amount of the deposit at thelevel it determines is necessary to encourage the spaying orneutering of cats. (3) The deposit shall be temporary, and shall only be retaineduntil the cat is healthy enough to be spayed or neutered, ascertified by a veterinarian licensed to practice veterinary medicinein this state. (4) The cat shall be spayed or neutered within 14 business days ofthat certification. (5) The adopter or purchaser shall obtain written proof of spayingor neutering from the veterinarian performing the operation. (6) If the adopter or purchaser presents proof of spaying orneutering to the entity from which the cat was obtained within 30business days of obtaining the proof, the adopter or purchaser shallreceive a full refund of the deposit. (c) Public animal control agencies or shelters, society for theprevention of cruelty to animals shelters, humane society shelters,and rescue groups may enter into cooperative agreements with eachother and with veterinarians in lieu of requiring spaying andneutering deposits to carry out this section. (d) Any funds from unclaimed deposits made pursuant to thissection, as it read on January 1, 1999, and any funds from depositsunclaimed after January 1, 2000, may be expended only for programs tospay or neuter cats and dogs, including agreements with a societyfor the prevention of cruelty to animals or a humane society orlicensed veterinarian, to operate a program to spay or neuter catsand dogs. (e) This section only applies to a county that has a populationexceeding 100,000 persons as of January 1, 2000, and to cities withinthat county.31751.5.  Whenever a city or county requires cat license tags, anysuch tag shall be issued for one-half or less of the fee required fora cat, if a certificate is presented from a licensed veterinarianthat the cat has been spayed or neutered.31751.6.  Any licensed cattery may be exempted pursuant toregulation or ordinance from any requirement to obtain a license tagfor each cat within the cattery.31751.7.  (a) The owner of a nonspayed or unneutered cat that isimpounded 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 forunneutered impounded animals only, and are not in lieu of any finesor impound fees imposed by any individual city, county, public animalcontrol agency or shelter, society for the prevention of cruelty toanimals 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 maywrite citations with a civil penalty stated in an amountcorresponding to the violation as provided in subdivision (a). Thefines shall be paid to the local municipality or public animalcontrol agency or shelter, society for the prevention of cruelty toanimals shelter, or humane society shelter. Any funds collected underthis section shall be expended for the purpose of humane education,programs for low cost spaying and neutering of cats, and anyadditional costs incurred by the animal shelter in the administrationof the requirements of this division. (c) Local ordinances concerning the adoption or placementprocedures of any public animal control agency or shelter, societyfor the prevention of cruelty to animals shelter, humane societyshelter, or rescue group shall be at least as restrictive as thisdivision. (d) This section applies to each county and cities within eachcounty, regardless of population. (e) No city or county, society for the prevention of cruelty toanimals, or humane society is subject to any civil action by theowner of a cat that is spayed or neutered in accordance with thissection.31752.  (a) The required holding period for a stray cat impoundedpursuant to this division shall be six business days, not includingthe day of impoundment, except as follows: (1) If the public or private shelter has made the cat availablefor 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 threefull-time employees or is not open during all regular weekdaybusiness hours, and if it has established a procedure to enableowners to reclaim their cats by appointment at a mutually agreeabletime when the public or private shelter would otherwise be closed,the holding period shall be four business days, not including the dayof impoundment. Except as provided in Sections 17006 and 31752.5, stray cats shallbe held for owner redemption during the first three days of theholding period, not including the day of impoundment, and shall beavailable for owner redemption or adoption for the remainder of theholding period. (b) Except as provided in Section 17006, any stray cat that isimpounded pursuant to this division shall, prior to the euthanasia ofthat animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoptionorganization if requested by the organization prior to the scheduledeuthanasia of that animal. In addition to any required spay or neuterdeposit, the public or private shelter, at its discretion, mayassess a fee, not to exceed the standard adoption fee, for animalsadopted or released. The public or private shelter may enter intocooperative agreements with any animal rescue or adoptionorganization. (c) During the holding period required by this section and priorto the adoption or euthanasia of a cat impounded pursuant to thisdivision, a public or private shelter shall scan the cat for amicrochip that identifies the owner of that cat and shall makereasonable efforts to contact the owner and notify him or her thathis or her cat is impounded and is available for redemption.31752.2.  (a) Upon relinquishment of a cat to a public or privateshelter, the owner of that cat shall present sufficientidentification to establish his or her ownership of the cat and shallsign a statement that he or she is the lawful owner of the cat. (b) Any person who provides false information pursuant to thissubdivision about his or her ownership of the cat shall be liable tothe true owner of the cat in the amount of one thousand dollars($1,000).31752.5.  (a) The Legislature finds and declares the following: (1) Domestic cats' temperaments range from completely docileindoor pets to completely unsocialized outdoor cats that avoid allcontact with humans. (2) "Feral cats" are cats with temperaments that are completelyunsocialized, although frightened or injured tame pet cats may appearto be feral. (3) Some people care for or own feral cats. (4) Feral cats pose particular safety hazards for shelteremployees. (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 afrightened tame cat. (b) For the purposes of this section, a "feral cat" is defined asa cat without owner identification of any kind whose usual andconsistent temperament is extreme fear and resistance to contact withpeople. A feral cat is totally unsocialized to people. (c) Notwithstanding Section 31752, if an apparently feral cat hasnot been reclaimed by its owner or caretaker within the first threedays of the required holding period, shelter personnel qualified toverify the temperament of the animal shall verify whether it is feralor tame by using a standardized protocol. If the cat is determinedto be docile or a frightened or difficult tame cat, the cat shall beheld for the entire required holding period specified in Section31752. If the cat is determined to be truly feral, the cat may beeuthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal adoption organizationthat agrees to the spaying or neutering of the cat if it has notalready been spayed or neutered. In addition to any required spay orneuter deposit, the pound or shelter, at its discretion, may assess afee, not to exceed the standard adoption fee, for the animalreleased.31753.  Any rabbit, guinea pig, hamster, potbellied pig, bird,lizard, snake, turtle, or tortoise that is legally allowed aspersonal property and that is impounded in a public or privateshelter shall be held for the same period of time, under the samerequirements of care, and with the same opportunities for redemptionand adoption by new owners or nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoptionorganizations as provided for cats and dogs. Section 17006 shall alsoapply to these animals. In addition to any required spay or neuterdeposit, the public or private shelter, at its discretion, may assessa fee, not to exceed the standard adoption fee, for animals adoptedby new owners or released to nonprofit animal rescue or adoptionorganizations pursuant to this section.31754.  (a) Except as provided in Section 17006, any animalrelinquished by the purported owner that is of a species impounded bypublic or private shelters shall be held for the same holdingperiods, with the same requirements of care, applicable to stray dogsand cats in Sections 31108 and 31752, and shall be available forowner redemption or adoption for the entire holding period. (b) Notwithstanding subdivision (a), kittens or puppiesrelinquished by the purported owner, or brought in by any otherperson with authority to relinquish them, to public or privateshelters, may be available immediately for adoption. (c) This section shall become operative on July 1, 2002.