A. Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20, in addition to any City impound and boarding fees, and in addition any fines required under State law Food and Agriculture Sections 30804.7(a-b) and 31751.7(a-b), except that a violation of Section 10.04.180 shall be punishable as a misdemeanor.

B. If the owner/guardian of an unaltered fertile dog or cat is issued a citation for a violation of any provision of this chapter other than Sections 10.04.145 and 10.04.160 through 10.04.180 (concerning dangerous/vicious dogs and interfering with poundmaster), all infraction penalties and fines shall be nullified by the court, other than the court’s administrative fee, if by the time of the court hearing, the owner/guardian provides written proof to the court that the animal was spayed or neutered within the thirty (30) day period following the issuance of the citation.

C. The City of Berkeley encourages the spaying and neutering of dogs and cats. The dog and cat licensing requirements under this chapter will be the primary method of encouraging the spaying and neutering of dogs that have not been impounded. No investigation of a dog or cat license violation that concerns a dog or cat kept on private property will be initiated, however, unless the animal is the subject of a complaint that is unrelated to its license status. Such unrelated complaints include but are not limited to a report of an animal bite, a barking dog, or an abused animal.

D. Whenever a dog is on public property or property open to the public, a peace officer, Animal Control Officer, or the Director of the Animal Shelter may at any time authorized by law initiate an investigation of a violation of the requirements that a dog be licensed and wear a dog license tag on its collar.

E. At the discretion of the court, the City of Berkeley is willing to accept as an alternative to the imposition of fines for infraction convictions for violations of this chapter, other than Sections 10.04.145 and 10.04.160 through 10.04.180 (concerning dangerous/vicious dogs and interference with the impoundment of an animal), supervised community service at the direction of the Berkeley Animal Shelter Director in an amount of one hour of service for every seven dollars ($7.00) in fines. (Ord. 7119-NS § 2, 2009: Ord. 6627-NS § 1, 2001: Ord. 6568-NS § 1, 2000: Ord. 5716-NS § 3 (part), 1986: Ord. 5591-NS § 1 (part), 1984: Ord. 4372-NS § 24, 1968)