§ 43.2. PENALTIES FOR FAILURE TO SPAY OR NEUTER PIT BULL.

Violation of Section 43.1 may result in the following penalties:

(a) A first violation may result in the Department impounding the pit bull and disposing of the pit bull in accordance with Sections 41.7(a) and 41.9 of the San Francisco Health Code. A first violation shall be an infraction punishable by a fine not to exceed $500. In order for the owner, guardian or keeper to reclaim the pit bull from the Department, in addition to paying the other charges and fees set out in Section 41.10, one of the following must occur:

(1) The Department shall have a veterinarian spay or neuter the dog. The dog owner, guardian or keeper shall pay a deposit of $100 prior to the procedure and will be charged the fee for such services consisting of the actual expense incurred as established by the Department. There may be additional fees for any extraordinary care provided.

(2) In the alternative, the owner, guardian or keeper shall arrange for another veterinarian within the City and County of San Francisco to spay or neuter and shall pay the Department a fee of $60, which shall cover the Department's costs of delivering the dog to a vet of the owner, guardian or keeper's choosing. The Department shall deliver the dog to the vet, and the vet shall release the dog to the owner, guardian or keeper only after the spaying or neutering is complete.

(3) At the discretion of the Director, or his/her designee, the Director may release the dog to the owner, guardian or keeper provided that the owner, guardian or keeper signs an affidavit that s/he will have the dog spayed or neutered within two weeks and will provide documentation verifying that the spaying or neutering occurred upon completion. If the owner, guardian or keeper fails to have his/her pit bull spayed or neutered as agreed in the affidavit, the Department shall have the authority to impound the dog, and the owner, guardian or keeper may be charged with a second violation under 43.2(b), below.

(4) In the event that the Director or his/her designee determines that payment of any fees by the owner, guardian or keeper of a pit bull which is impounded or otherwise taken into custody would cause extreme financial difficulty to the owner, guardian or keeper, the Director or his/her designee may, at his/her discretion, waive all or part of the fees necessary for compliance with this section.

(b) A second violation of this section by the owner, guardian or keeper, shall be 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. In addition, a second violation may result in the Department impounding the pit bull and disposing of the pit bull in accordance with Sections 41.7(a) and 41.9 of the San Francisco Health Code. Further, the provisions of Section 43.2(a)(1) above may apply.

(Added by Ord. 268-05, File No. 051607, App. 11/22/2005)