Any unsterilized dog which has twice been impounded off of the property of the owner/guardian for violation of restraint requirements shall be spayed or neutered prior to redemption by the owner and microchipped. The costs for such spaying/neutering and microchipping shall be added to the redemption fees.
A. Any unsterilized dog or cat which is impounded by any agency, or combination of agencies within this County, twice or more from the same owner/guardian and the same address, within the lifetime of the animal, shall be sterilized at the owner/guardian’s expense prior to redemption. At the option of the owner/guardian, a private veterinarian designated by the owner/guardian may perform the required spaying or neutering. The impounding agency may require that transportation to such private veterinarian be performed by the impounding agency.
B. Any owner/guardian of an impounded animal subject to mandatory sterilization under subsection A of this section may request, in writing, within five calendar days following notice of the second impoundment, a hearing to be conducted by the director of the impounding agency or his or her designee. Such hearing shall be held within five calendar days of such request and shall determine whether good cause exists for an exemption from the provisions of subsection A of this section. If no good cause is established, then the animal shall be ordered to be spayed or neutered prior to redemption.
C. Good cause for an exemption from mandatory sterilization shall exist if the animal was at large due to an act of God, emergency, or other mitigating factor not caused by the negligence of the owner/guardian, person in control of the animal, or their agents. The burden of proof to establish good cause for an exemption shall be upon the owner/guardian and shall be established by a preponderance of the evidence.