(A) The Manager of Animal Services shall administer a certification program to allow for unaltered animals over the age of six months, if and when the Manager of Animal Services determines that all of the following conditions have been met:
(1) The owner has not been convicted of one or more violations of the following within the preceding 24 months:
(b) Cal. Food and Agricultural Code § 31102 (killing dog, worrying livestock),
(c) Cal. Civil Code § 3341 (dog threatening, killing, or injuring livestock),
(d) Section 6.12.060 (interference with animal services officer) of this chapter,
(e) Cal. Health and Safety Code § 121705 (concealing bite information),
(f) Cal. Penal Code §§ 487e, 487f, or 487g (theft of animal);
(2) The owner has not been convicted of two or more violations of the following, involving the dog for whom the unaltered animal certification is sought, within the preceding 12 months:
(a) Section 6.12.310 (dogs running at large) of this chapter;
(b) Section 6.12.100 (dog license required) of this chapter;
(c) Cal. Food and Agricultural Code § 30955 (dog running at large on a farm).
(3) Within the preceding 24 months, the owner has not received a Manager of Animal Services order involving the dog or cat for whom the unaltered animal certification is sought, pursuant to:
(a) Cal. Code of Regulations Title 17 § 2606.2 (quarantine a dog or cat for biting a person).
(4) The dog or cat for whom the unaltered animal certification is sought has not been determined by the Manager of Animal Services to be a vicious animal pursuant to § 6.12.360 of this chapter, unless such determination has been expressly overturned through the appeal process;
(5) The animal owner otherwise shall comply with any applicable local or state law concerning the care and housing of animals;
(6) No unaltered animal certification shall be granted to anyone who has ever been convicted of the following offenses:
(a) Cal. Penal Code § 286.5 (sexual assault on animal),
(b) Cal. Penal Code § 596 (poisoning of animal),
(c) Cal. Penal Code § 597 (animal cruelty),
(d) Cal. Penal Code § 597.5 (fighting dogs),
(e) Cal. Penal Code § 599aa (seizure of fighting dogs).
(B) Any owner of an unaltered dog or cat who has been cited for failing to obtain an unaltered animal certification shall have his or her 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 calendar days of the issuance of the citation.
(C) Any owner who wishes to request to apply for an unaltered animal certification may do so voluntarily or after enforcement action. Once a request has been made by any owner, the Manager of Animal Services shall provide a written response within five business days.
(D) All applications for unaltered animal certifications are reviewed and decided by the Manager of Animal Services. The decision made to grant or deny an application is based solely on factual data obtained as it relates to the list of violations listed under this chapter. The decision by the Manager of Animal Services is final. The animal owner can reapply for an unaltered animal certification one year from the date of the previous request.
(Ord. 17-13, passed 12-19-2017)