Legal Question in Constitutional Law in California

You do not have to enter into the contract or risk prosecution for not entering into the contract. You have to enter into the contract or risk prosecution for not having your dog fixed. Cities have broad authority to control animals within city limits, including prohibiting possession of them if certain conditions are not met. So of course you can be prosecuted for violating animal control laws. It is just the same as the requirement that you insure your car and you can face criminal prosecution if you do not. The certificate contract gives you an out, by allowing you to violate the law if you agree to enter a contract with certain conditions. Just like if you are a large fleet owner, like say PG&E, you can elect to self-insure your vehicles if certain conditions are met. There is absolutely nothing unconstitutional about that; it is just common sense.

As for the 4th Amendment issue, again, you are consenting to something you could not constitutionally be compelled to do, because you want to get out of complying with the law. A search by consent is never unconstitutional. If you do not want to consent, you are free to comply with the law and have your animals fixed, and then you can refuse to allow the premises check. You just can't have your cake and eat it too, by getting a waiver but not consenting to the premises checks.

The bottom line is that the only reason to have unaltered dogs is to breed them. The city has very legitimate interests in preventing "puppy mills" operating in their town, and other animal abuse issues that arise in breeding situations. By standing on 4th Amendment rights, unscrupulous breeders can make it very difficult for animal protection officers to protect breeder animals from abuse. The officers must have probable cause and get a warrant, just to check on the animals' welfare. So the city has a completely legitimate and constitutional solution: no breeding without a certificate, and if you want a certificate you waive your objections to our inspections. If you don't want to waive your constitutional rights, don't breed dogs, or do it outside our city limits.