Los Angeles Municipal Code Art. 3 Animal Sterilization Fund

(a) There is hereby created and established within the Treasury of the City of Los Angeles a special trust fund to be known as the “Animal Sterilization Fund”, hereinafter referred to in this article as the “Fund”.

(b) Subject to any special terms or conditions of individual gifts, contributions, or bequests to the Fund, the Fund shall be used to provide animal sterilization services to residents of the City of Los Angeles who meet applicable program eligibility requirements, as established by the General Manager of the Department of Animal Services (hereinafter referred to in this Section as the “Department”) and approved by the City Council; and for dogs, cats, and rabbits adopted from City animal shelters by other persons.

(c) Any gift, contribution, or bequest accepted by the City Council or the General Manager of the Department for the purpose of providing

animal sterilization services shall be placed in the Fund.

(d) All gifts, contributions or bequests to the Fund which exceed $25,000 shall be submitted to the City Council for acceptance or rejection. All gifts, contributions or bequests of $25,000 or less may be accepted or rejected by the General Manager of the Department.

(e) The Controller shall establish a separate account for each accepted gift, contribution or bequest which includes any special

requirements, qualifications or conditions for use. All accepted gifts, contributions or bequests which do not include any special requirements, qualifications or conditions for use shall be placed in a general account established by the Controller for this purpose.

(f) The civil penalties collected pursuant to Los Angeles Municipal Code Sections 53.12.2, 53.15.2 and 53.15.3 shall be deposited in the Fund and shall be used in a manner consistent with its purposes.

(g) Within 30 days after the end of each calendar quarter, there shall be transferred to the Fund from the General Fund an amount equal to $2.00 for each paid dog license for an unaltered dog and an amount equal to $7.00 for each paid dog license for an altered dog issued during that calendar quarter. Any additional allocations for animal sterilization services shall be transferred from the General Fund to the Fund.

(h) Subject to the prior approval of the Board of Animal Services Commissioners, expenditures may also be authorized for the following purposes: establishing and financing a public education program to prevent overpopulation of dogs and cats; a follow-up program to assure that animals sold or given away by the Department are spayed or neutered; and for any additional costs incurred by the City of Los Angeles because of the enactment of Sections 30503 and 31751 of the California Food and Agricultural Code.

(i) Spaying and Neutering Fees. The Department may enter into cooperative agreements with other animal control agencies, society for prevention of cruelty to animal shelters, humane society shelters and rescue groups and with veterinarians licensed to practice veterinary medicine in this state, in lieu of requiring spaying and neutering prepayments in order to carry out the requirements of this Section.

(1) Fee Amounts. The Department shall not sell or give away any dog, cat or rabbit that has not been spayed or neutered before

placement with the owner. A fee of $40.00 for spaying or neutering shall be collected by the Department at the time of adoption or sale for any dog, cat or rabbit that is a suitable candidate for spaying or neutering surgery. The fee will be used to pay for veterinary services.

(2) Prepayment Alternative. If a veterinarian licensed to practice veterinary medicine in this state certifies that a dog, cat or rabbit

is too sick or injured to be spayed or neutered or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered, at the time of adoption or sale, the Department shall collect a prepayment fee of $40.00. All such prepayment fees shall be deposited in the Fund.

(3) Prepayment of Spaying and Neutering Fees. Whenever a dog, cat or rabbit has been spayed or neutered as provided in

Subsections (i)(2) and (4), the adopter or purchaser shall be entitled to have the prepayment forwarded to the licensed veterinarian performing the above operation, and the General Manager shall draw the necessary demand on the Fund therefor.

(4) Disposition of Prepayments. The prepayment collected as provided in Subsection (i)(2) shall only be retained until the dog, cat

or rabbit is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. The dog, cat or rabbit shall be spayed or neutered within 14 business days of that certification or the prepayment shall be forfeited. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the adopter or purchaser presents proof of spaying or neutering to the Department within 30 business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the prepayment.

On and after January 1, 2006, any dog, cat or rabbit six months of age or younger at the time it is sold or given away by the Department shall be spayed or neutered within six months of its acquisition or the prepayment shall be deemed unclaimed. Any dog, cat or rabbit over six months of age at the time it is sold or given away by the Department shall be spayed or neutered within 60 days of its acquisition or the prepayment shall be deemed unclaimed. All unclaimed or forfeited prepayments may be expended by the Department in accordance with the restrictions on the use of the proceeds in the Fund.

(5) Refund of Prepayments. Whenever any dog, cat or rabbit which has been acquired from the Department dies or is destroyed

prior to being spayed or neutered as required herein, the adopter or purchaser shall be entitled to a refund upon satisfactory proof of such death or destruction and the General Manager shall draw the necessary demand therefor on the Fund. No refund shall be made, however, where death or destruction occurs following the time within which the aforementioned operation was required to be performed.

(j) The Fund shall be administered and expenditures shall be authorized by the General Manager of the Department in accordance with established City practices. Expenditures of funds shall be made for the purpose of providing animal sterilization services and for purposes as stated in Subsection (h) of this Section.

(k) The General Manager of the Department shall report to the City Council annually regarding expenditures from the Fund and the purposes thereof.

SECTION HISTORY

Added by Ord. No. 149,721, Eff. 6-27-77. Amended by: Subsec, (d), Ord. No. 162,039, Eff. 4-5-87; Subsec. (g), adds (h), Ord. No. 162,671, Eff. 9-6-87; Subsecs. (b), (c), and (f), Ord. No. 170,429, Eff. 4-26-95; “Department of Animal Regulation” renamed “Department of Animal Services,” Ord. No. 174,661, Eff. 8-9-02; Subsec. (i) added, Ord. No. 175,081, Eff. 3-25-03; Subsec. (d), Ord. No. 176,520, Eff. 4-19-05; In Entirety, Ord. No. 181,290, Eff. 9-27-10; Subsecs. (b), (c), (g), and (j), Ord. No. 186,865, Eff. 1-21-21.