Question
Animal control picked up my dog that got out today due to strong winds blowing open the gate. Are they going to neuter him without my permission?
California, USA
Answer
A few municipalities require shelters to sterilize dogs and cats who have been impounded prior to returning them to their “parents.” The local laws I have seen in California that provide for spay/neuter prior to return of impounded animals to their "parents" are typically not applicable for the first impoundment. Local laws should be reviewed. Also, these laws should not be confused with spay/neuter laws for dogs and cats being adopted. These laws generally require spay/neuter prior to release from shelters and rescues unless the dog or cat is too sick to undergo the procedure at the time of adoption.
Also important to note is that if a dog or cat is not retrieved within the legal hold time, the shelter typically has the right to have the animal sterilized before returning the animal to his/her "parent" regardless of whether the animal had previously been impounded. The number of days a shelter must hold an animal to give the animal's "parent" an opportunity to reclaim the animal varies throughout the country and sometimes even among municipalities within the same state.
Worth noting as well is that many municipalities in California (and elsewhere) have enacted ordinances that require dogs and cats over the age of four or six months to be spayed or neutered unless the animal’s “parent” has an unaltered animal or breeding permit, or a veterinarian certifies that the procedure would jeopardize the animal’s health.
Spaying and neutering help to control the serious overpopulation of dogs, cats, and other animals and can provide health benefits. Also consider that unspayed/unneutered dogs and cats who are roaming outside (even if they got out accidentally) contribute greatly to the overpopulation problem.
PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Send Your Pet Legal Question Now!
Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.