§ 10.04.140 MANDATORY MICROCHIPPING OF DOGS AND CATS.
   (A)   All dogs and cats over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to animal services, and shall notify animal services of any change of ownership of the dog or cat, or any change of address or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of sections 6.08.020, 6.08.050, and any other licensing requirements of this chapter.
   (B)   Exemptions. The mandatory microchipping requirements shall not apply to any of the following:
      (1)   A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, which date must be stated in the written confirmation.
      (2)   A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, which date must be stated in the written confirmation.
      (3)   A dog or cat that is kenneled or trained in Riverside County, but is owned by an individual that does not reside in Riverside County. The owner or custodian must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or custodian of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction.
   (C)   Transfer, sale of dogs and cats.
      (1)   An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner. The owner or custodian shall also advise animal services of the name and address of the new owner or custodian in accordance with subdivision (A) of this section. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption and fails to provide animal services with the name and address of the new owner, is in violation of this chapter and shall be subject to the penalties set forth herein.
      (2)   An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade or adoption. The microchip numbers must appear on a document transferring the cat to the new owner. The owner or custodian shall also advise animal services of the name and address of the new owner or custodian in accordance with subdivision (A) of this section. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption and fails to provide animal services with the name and address of the new owner, is in violation of this chapter and shall be subject to the penalties set forth herein.
      (3)   When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise animal services of the name and address of the new owner or custodian, and the microchip number of the puppy or kitten within ten days after the transfer. If it is discovered that an owner or custodian has failed to provide animal services with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this chapter.
   (D)   When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this chapter, the owner or custodian shall also do one of the following:
      (1)   Have the dog or cat implanted with a department microchip by a department registered veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian;
      (2)   Have the dog or cat implanted with a department approved microchip by a California licensed veterinarian. The owner or custodian may arrange for another California licensed veterinarian to perform the implant, and shall pay to animal services the cost to deliver the dog or cat to the chosen veterinarian. The cost to deliver the dog or cat shall be based on animal services' hourly rate. The veterinarian shall complete and return to animal services within ten days or less, a statement confirming that the microchip has been implanted, provide animal services with the number and shall release the dog or cat to the owner or custodian only after the procedure is complete; or
      (3)   At the discretion of the Director, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be implanted with a microchip and that he or she will submit a statement within ten days or less, of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been so implanted and provide the microchip number to animal services or allow animal services to scan the dog or cat for the microchip to verify.
   (E)   Fees for microchip identification device. The fee for an identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from a City of Menifee animal shelter. The fee for an identifying microchip device shall be the amount set forth in section 6.08.110, subdivision (O) per animal for all other animals. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification microchip number entered into animal services' registry as required by subdivision (A) of this section.
   (F)   Penalties.
      (1)   An owner or custodian in violation of this section may be issued an administrative citation, pursuant to the administrative citations and penalties section set forth in this chapter, for failure to microchip the owner or custodian's dog or cat.
      (2)   If an administrative citation is issued for violation of this section of this chapter, persons receiving such administrative citation, may choose to clear the citation within ten calendar days, thereby avoiding potentially higher penalty, by demonstrating their compliance with the mandatory microchipping requirement of subdivision (A) of this section to the Director and paying an administrative fee as set by the City Council via resolution which may be updated from time to time to animal services.
   (G)   Allocation of fees and fines collected. All costs, fees, and fines collected under this section shall be paid to animal services for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs administered by animal services.
(Ord. 2018-252, passed 12-5-2018)