Please crosspost as deemed appropriate....

I have been contacted tonight and informed that the latest draft of 
the mandatory S/N ordinance is close to being submitted to the Supervisors 
for a vote.  I have been further told that there will be no more open meetings 
for discussion.  the final meeting was in October. The original draft was split 
into to sections to be voted on separately...the reasoning behind as they did 
not want one to cause the other to lost...
The second proposal is that of mandatory micro-chipping.
Following is the only draft I have available...but it is imperative that as 
many Riverside residents that can attend need to do so.  I am monitoring the 
agenda that is published a week in advance to help alert immediate action.
There are many breeds that will be adversely affected because there are NO 
COE BREED CLUBS for them...this is clearing the latest form of BSL as I have 
stated earlier this year...finally....we must not permit our compliance with 
ANY law to be contingent upon our belonging to private organizations.  This 
clearly violates our rights to freedom of association.
ALSO NOTE that the Cat Fancy is lobbying in strong opposition....I can pretty 
well bet that cats will be removed from any final drafting.  I have been told 
that the final is out, but it has not been made public as yet....if anyone 
has a copy or can access a copy I would like to have one...jan

PLEASE CROSSPOST
 
DRAFT
ORDINANCE NO. 630.10
An ordinance amending Title 6 - Animals, to establish a mandatory 
sterilization program for dogs and cats.
The Board of Supervisors of the County of Riverside ordains as follows:
SECTION 6.08.010. Section 6.08.010 is hereby added to read as follows:
"Competition dog or cat" means a dog or cat which is used to show, to 
compete or to breed, which is of a breed recognized by and registered 
with the American Kennel Club (AKC), United Kennel Club (UKC), 
American Dog Breeders Association (ADBA), The Cat Fanciers' 
Association (CFA), or other valid registry approved by the Department 
per Department policy and meets at least one of the following requirements:
A. The dog or cat has competed in at least one dog or cat show or 
sporting competition sanctioned by a national registry or approved by 
the Department, within the last 365 days;
B. The dog or cat has earned a conformation, obedience, agility, 
carting, herding, protection, rally, sporting, working or other title 
from a purebred registry referenced above or other registry or sport 
association approved by the Department; or
C. The owner or custodian of the dog or cat is a member of a purebred 
breed club, approved by the Department, which maintains and enforces 
a code of ethics for animal breeding that includes restrictions from 
breeding individuals with genetic defects and life threatening health 
problems that commonly threaten the breed, or
D. Dogs or cats which are appropriately trained and which are 
actually used for the herding of other animals, or as livestock 
guardians , hunting dogs, or such dogs or cats designated as


breeding stock by an appropriate agency or organization approved by 
the Department after consultation with knowledgeable professionals, or
E. Dogs or cats boarded in a licensed kennel, which boards and 
professionally trains such animals for use and resale.


"Custodian" is any person who intentionally provides care or 
sustenance for a dog or cat on behalf of another, or represents the 
interests of the owner.
"Department" means the Department of Animal Services and its 
authorized agencies.
"Incapable of breeding" means any dog or cat which has been examined 
by a California licensed Veterinarian and determined to not be 
capable of reproducing. A certificate of sterility, signed by the 
Veterinarian must be provided upon demand.
"Owner" is any person who intentionally provides care or sustenance 
for a dog or cat for any period exceeding a total of thirty days.
Chapter 6.08, Dogs and Cats, is hereby amended to add "Mandatory Spay 
and Neuter Program for Dogs and Cats" to read as follows:
Mandatory Spay and Neuter Program for Dogs and Cats
Sections:
6.08.031 Mandatory spaying, neutering of dogs and cats.
6.08.032 Unaltered dog license - requirements.
6.08.033 Denial or revocation of unaltered dog license-grounds and 
re-application.
6.08.034 Appeal of denial or revocation of unaltered dog license.
6.08.035 Unaltered cat requirements
6.08.036 Transfer, sale and breeding of unaltered dogs and cats.
6.08.037 Penalties.
6.08.038 Impoundment of an unaltered dog or cat.
6.08.039 Allocation of fees and fines collected. 2 Revised 6/21/06 
PRELIMINARY DRAFT FOR DISCUSSION PURPOSES ONLY - SUBJECT TO CHANGE
6.08.031 Mandatory spaying, neutering of dogs and cats
A. No person may own, keep, or harbor a dog or cat over the age of 
four months in violation of this section. An owner or custodian of an 
unaltered dog must have the animal spayed or neutered, or provide a 
certificate of sterility, or obtain an unaltered dog license in 
accordance with Section 6.08.032. An owner or custodian of an 
unaltered cat must have the animal spayed or neutered, or provide a 
certificate of sterility, or show compliance with Section 6.08.035.
B. The owner or custodian of a dog which is unable to be spayed or
neutered without a high likelihood of suffering serious bodily harm 
or death due to age or infirmity, must obtain written confirmation of 
that fact from a California licensed Veterinarian. The writing must 
also state the date by which the dog may be safely spayed or 
neutered. If the dog is unable to be spayed or neutered within 30 
days, the owner or custodian must apply for an unaltered dog license.
C. The owner or custodian of a cat which is unable to be spayed or
neutered without a high likelihood of suffering serious bodily harm 
or death due to age or infirmity, must obtain written confirmation of 
that fact from a California licensed Veterinarian. The writing must 
also state the date by which the cat may be safely spayed or neutered.
6.08.032 Unaltered dog license - requirements.
An owner or custodian of an unaltered dog over the age of four months 
must obtain an annual unaltered dog license for the dog. The license 
shall be issued if the Department has determined that all of the 
following conditions are met:
A. The dog is one of the following: a competition dog as defined in 
Section 6.08.010; a dog used by a law enforcement agency for law 
enforcement purposes; a qualified service or assistance dog as 
defined in Section 6.08.010; or a dog which is unable to be spayed or 
neutered as set forth in Section 6.08.031(B).
B. The owner or custodian has submitted the required application and 
has paid the fee set forth in Section 6.08.020; and 3 Revised 6/21/06
C. The unaltered dog will be maintained in accordance with the 
provisions of the Riverside County Code Section 6.08.140, and with 
applicable state animal care and control laws.
6.08.033 Denial or revocation of unaltered dog license-grounds and 
re-application.
A. The Department may deny or revoke an unaltered dog license for one 
or more of the following reasons:
1. The applicant or licensee is not in compliance with all of the 
requirements of Section 6.08.032;
2. The Department has received at least two complaints, verified by 
the Department, that the applicant or licensee has allowed a dog to 
run loose or escape, or has otherwise been found to be neglectful of 
his or her dog or other animals;
3. The applicant or licensee has been previously cited for violating 
a state law, county code or other municipal provision relating to the 
care and control of animals;
4. The unaltered dog has been adjudicated by a court or an agency of 
appropriate jurisdiction to be a potentially dangerous or vicious, or 
to be a nuisance within the meaning of the Riverside County Code or 
under state law;
5. Any unaltered dog license held by the applicant has been revoked;
6. The license application is discovered to contain a material 
misrepresentation of fact.
B. Re-application for unaltered dog license:
1. When an unaltered dog license is denied, the applicant may 
re-apply for a license upon a showing that the requirements of 
Section 6.08.032 have been met. The Department shall refund one-half 
of the license fee when an application is denied. The applicant shall 
pay the full fee upon re-application.
2. When an unaltered dog license is revoked, the owner or custodian 
of the dog may apply for a new license after a thirty-day waiting 
period upon a showing that the requirements of Section 6.08.032 have 
been met. No part of an unaltered dog license fee is refundable when 
a license is 4 Revised
revoked and the applicant shall pay the full fee upon re-application.
6.08.034 Appeal of denial or revocation of unaltered dog license.
A. Request for hearing.
1. Notice of intent to deny or revoke. The Department shall mail to 
the owner or custodian a written notice of its intent to deny or 
revoke the license for an unaltered dog which includes the reason(s) 
for the denial or revocation. The owner or custodian may request a 
hearing to appeal the denial or revocation. The request must be made 
in writing within ten days after the notice of intent to deny or 
revoke is mailed. Failure to submit a timely written hearing request 
shall be deemed a waiver of the right to appeal the license denial or 
revocation.
2. Hearing officer. The hearing shall be conducted by the Director of 
the Department or his designee.
3. Notice and conduct of hearing. The Department shall mail a written 
notice of the date, time, and place for the hearing not less than ten 
days before the hearing date. The hearing date shall be no more than 
thirty days after the Department's receipt of the request for a 
hearing. Failure of the owner or custodian or his or her agent to 
appear at the hearing will result in forfeiture of the right to a 
hearing. The hearing will be informal and the rules of evidence will 
not be strictly observed. The Department shall mail a written 
decision to the owner or custodian within ten days after the hearing. 
The decision of the hearing officer shall be the final administrative 
decision.
B. Change in location of dog. If the dog is moved after the 
Department has issued a letter of intent to deny or revoke, but has 
not yet denied or revoked the license, the owner or custodian must 
provide the Department with information as to the dog's whereabouts, 
including the current owner or custodian's name, address, and 
telephone number.
6.08.035 Unaltered cat requirements
An owner or custodian of an unaltered cat over the age of four months 
must have the animal spayed or neutered, or provide a certificate of 
sterility, or show that the cat a competition dog or cat as
defined in Section 6.08.010 or a cat which is unable to be spayed or 
neutered as set forth in Section 6.08.031 (C).
6.08.036 Transfer, sale and breeding of unaltered dog or cat.
A. Offer for sale or transfer of unaltered dog: An owner or custodian 
who offers any unaltered dog for sale, trade, or adoption must 
include a valid unaltered dog license number with the offer of sale, 
trade or adoption, or otherwise state and establish compliance with 
Section 6.08.032. The license and microchip numbers must appear on a 
document transferring the animal to the new owner.
B. Offer for sale or transfer of unaltered cat: The owner or 
custodian of an unaltered cat over the age of four months, which is 
not a competition dog or cat as defined in Section 6.08.010, a cat 
used by a law enforcement agency for law enforcement purposes, or a 
qualified service or assistance animal as defined by Section 6.08.010 
must demonstrate compliance with Section 6.08.031 prior to the 
transfer, and must notify the Department of the name and address of 
the transferee within ten days after the transfer. The microchip 
numbers must appear on a document transferring the animal to the new owner.
C. Notification of litter and sale or transfer of puppies or kittens: 
Within thirty days after a litter is born to a female dog or cat, the 
owner or custodian of the female dog or cat shall advise the 
Department in writing of the number of live born puppies or kittens. 
When a puppy or kitten under the age of four months is sold or 
otherwise transferred to another person, the owner or custodian shall 
advise the Department of the name, address and telephone number of 
the new owner or custodian, and the microchip number of the animal 
within ten days after the transfer.
6.08.037 Penalties.
The penalties for violations of any provision of this part are as 
follows: A. First violation. A first violation shall be an infraction 
punishable by a fine not to exceed $250. If the owner or custodian 
fails to correct the underlying cause of the violation within 30 days 
after being notified of the violation, it shall be deemed a second 
violation. 6 Revised 6/21/06 PRELIMINARY DRAFT FOR DISCUSSION 
PURPOSES ONLY - SUBJECT TO CHANGE
B. Second violation. A violation within a year of a first violation 
shall be deemed a second violation. A second violation is a 
misdemeanor punishable by imprisonment in the county jail for a 
period not to exceed six months or by a fine not to exceed $1,000, or 
by both such fine and imprisonment. Each subsequent violation within 
one year shall be considered an additional misdemeanor.
6.08.038 Impoundment of unaltered dog or cat.
A. When an unaltered dog or cat is impounded, the owner or custodian 
may reclaim the unaltered animal, one time, when one of the following occurs:
1. The dog is spayed or neutered by a Department veterinarian at the 
expense of the owner or custodian. Such expense may include 
additional fees due to extraordinary care required;
2. The dog or cat is spayed or neutered by another Department 
approved veterinarian. The owner or custodian may arrange for another 
Department approved veterinarian to spay or neuter the animal, and 
shall pay to the Department the cost to deliver said animal to the 
chosen veterinarian. The cost to deliver the animal shall be based on 
the Department's hourly rate established by the Auditor-Controller, 
billed in minimum one hour increments. The veterinarian shall 
complete and return to the Department within ten days, a statement 
confirming that the dog or cat has been spayed or neutered or is, in 
fact, incapable of breeding and shall release the dog or cat to the 
owner or custodian only after the spay or neuter procedure is complete; or,
3. At the discretion of the Director of Animal Services, 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 animal will 
be spayed or neutered and that he or she will submit a statement 
within ten days, signed by the veterinarian, confirming that the dog 
has been spayed or neutered or is incapable of breeding.
4. If the owner or custodian demonstrates compliance with Section 6.08.032
B. Costs of Impoundment. 1. The owner or custodian of the unaltered 
dog or cat shall be responsible for the costs of impoundment, which 
shall include daily board costs, vaccination/ medication, and any 
other diagnostic or therapeutic applications as provided in Section 6.08.110.
2. The costs of impoundment shall be a lien on the dog or cat, and 
the unaltered animal shall not be returned to its owner or custodian 
until the costs are paid. If the owner or custodian of an impounded 
unaltered animal does not pay the lien against it in full within 
fourteen days, the animal shall be deemed abandoned to the Department 
in accordance with Section 6.12.070
6.08.039 Allocation of fees and fines collected.
All costs and fines collected under this part and the fees collected 
under Section 6.08.037 and 6.08.38 shall be paid to the Department 
for the purpose of defraying the cost of the implementation and 
enforcement of this program.
The provisions of this ordinance shall not become operative until 
January 1, 2007. 8 Revised 6/21/06