BILL NUMBER: SB 769 CHAPTERED
BILL TEXT
CHAPTER 377
FILED WITH SECRETARY OF STATE OCTOBER 1, 2001
APPROVED BY GOVERNOR SEPTEMBER 28, 2001
PASSED THE SENATE SEPTEMBER 6, 2001
PASSED THE ASSEMBLY SEPTEMBER 4, 2001
AMENDED IN ASSEMBLY AUGUST 27, 2001
AMENDED IN ASSEMBLY JULY 9, 2001
INTRODUCED BY Senator Figueroa
FEBRUARY 23, 2001
An act to amend Sections 121890, 121920, and 121940 of, and to add
Sections 121881, 121896, 121906, 121907, 121916, 121917, 121918,
121919, 121921, and 121945 to, the Health and Safety Code, relating
to dogs.
LEGISLATIVE COUNSEL'S DIGEST
SB 769, Figueroa. Sentry dogs.
Existing law establishes limitations and procedures with respect
to the use of sentry dogs.
This bill would require any person, firm, partnership,
association, or corporation that operates or maintains a business to
sell, rent, or train any attack, guard, or sentry dog to obtain a
permit from the local public agency or private society or pound
contracting with the local public agency for animal care or
protection services. The bill would also require each local public
agency to adopt and implement a permit program for the administration
of the permit requirement by the local public agency or private
society or pound contracting with the local public agency for animal
care or protection services and would permit the local public agency
to pass an ordinance establishing standards for the care of animals
under this bill. This bill would also give the local agency the
authority to revoke, in specified circumstances, any permit it has
issued. This bill would also require microchipping of animals
subject to this bill for identification purposes, and would also
require certain immunizations of the animals. This bill would also
establish civil penalties for violation of its provisions.
To the extent this bill would increase the responsibilities of
local agencies, this bill would result in a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 121881 is added to the Health and Safety Code,
to read:
121881. For purposes of this chapter, "guard dog" or "attack dog"
means any dog trained to guard, protect, patrol, or defend any
premises, area, or yard, or any dog trained as a sentry or to
protect, defend, or guard any person or property, or any dog such as
a schutzhund or any similar classification.
SEC. 2. Section 121890 of the Health and Safety Code is amended to
read:
121890. For purposes of this chapter, "tracker dog" means a dog
trained to work with a handler in searching facilities for burglary
suspects and other intruders.
SEC. 3. Section 121896 is added to the Health and Safety Code, to
read:
121896. For purposes of this chapter, "trainer" means any person
who engages in the practice of training any attack, guard, or sentry
dog.
SEC. 4. Section 121906 is added to the Health and Safety Code, to
read:
121906. "Person" means any individual, partnership, firm, joint
stock company, corporation, association, trust, estate, or other
legal entity.
SEC. 5. Section 121907 is added to the Health and Safety Code, to
read:
121907. "Owner" means any person who has purchased, or obtained
legal custody of, an attack, guard, or sentry dog.
SEC. 6. Section 121916 is added to the Health and Safety Code, to
read:
121916. (a) Any person or owner of an attack, guard, or sentry
dog that operates or maintains a business to sell, rent, or train an
attack, guard, or sentry dog shall obtain a permit from the local
public agency or private society or pound contracting with the local
public agency for animal care or protection services.
(b) Each local agency shall adopt and implement a permit program
for the administration of subdivision (a) by the local agency or
private society or pound contracting with the local public agency for
animal care or protection services. A local agency may charge a fee
for the issuance or renewal of a permit required under this section.
The fee shall not exceed the actual costs for the implementation of
the permit program.
(c) For purposes of this section, "local public agency" means a
city, county, or city and county.
SEC. 7. Section 121917 is added to the Health and Safety Code, to
read:
121917. (a) An applicant, when applying for a permit pursuant to
Section 121916, shall furnish the local public agency with a list of
the types of animals to be kept or used for any purpose, with the
estimated maximum number of animals to be kept.
(b) An applicant shall furnish the local public agency with the
name and the telephone number of a responsible person who has access
to the animals and who can be reached during an emergency.
(c) An applicant shall notify the local public agency when any
animal for which a permit is required is kept or maintained.
(d) The local public agency may establish the maximum number of
animals to be kept or maintained on the premises.
(e) Any permittee shall report in writing any change in address,
ownership, or management to the local public agency at least 15 days
prior to any change.
(f) Any permittee shall maintain a register of the name and
address of any person from whom any animal is received and to whom
any animal is sold, traded, or given. This list shall be available
to the local public agency representative upon demand.
SEC. 8. Section 121918 is added to the Health and Safety Code, to
read:
121918. For the protection and welfare of any dog under this
chapter, the local public agency may adopt an ordinance to require or
prohibit any of the following:
(a) Any permittee shall supply each animal with sufficient, good,
and wholesome food and water as often as the feeding habits of the
animal requires.
(b) Any permittee shall keep each animal and animal quarters in a
clean and sanitary condition.
(c) Any permittee shall provide each animal with proper shelter
and protection from the weather at all times. An animal shall not be
overcrowded or exposed to temperatures detrimental to the welfare of
the animal.
(d) Any permittee shall not allow any animal to be without care or
control in excess of 12 consecutive hours.
(e) Any permittee shall take every reasonable precaution to ensure
that no animal is teased, abused, mistreated, annoyed, tormented, or
in any manner made to suffer by any person or by any means.
(f) Any permittee shall not maintain or allow any animal to exist
in any manner that is, or could be, injurious to that animal.
(g) Any permittee shall not give an animal any alcoholic beverage,
unless prescribed by a veterinarian.
(h) Animals that are natural enemies, temperamentally unsuited, or
otherwise incompatible, shall not be quartered together or so near
each other as to cause injury, fear, or torment.
(i) Any tack equipment, device, substance, or material that is, or
could be, injurious or cause unnecessary cruelty to any animal shall
be prohibited.
(j) The permittee shall keep or maintain animals confined at all
times on the premises for which the permit has been issued, unless
special permission to remove the animals has been obtained from the
department. The permittee shall have full responsibility for
recapturing any animal that escapes.
(k) The permittee shall give proper rest periods to any working
animal. Any confined or restrained animal shall be given exercise
proper for the individual animal under the particular conditions.
(l) The permittee shall not work, use, or rent any animal that is
overheated, weakened, exhausted, sick, injured, diseased, lame, or
otherwise unfit.
(m) No animal that the local public agency has suspended from use
shall be worked or used until released by the local public agency.
(n) The permittee shall display no animal bearing evidence of
malnutrition, ill health, unhealed injury, or having been kept in an
unsanitary condition.
(o) The permittee shall keep or maintain each animal in a manner
as may be prescribed to protect the public from the animal, and the
animal from the public.
(p) The local public agency may order any animal to be taken to a
veterinarian for examination or treatment.
(q) The permittee shall display no animal whose appearance is, or
may be, offensive or contrary to public decency.
(r) The permittee shall allow no animal to constitute or cause a
hazard or be a menace to the health, peace, or safety of the
community.
(s) The permittee shall isolate at all times any sick or diseased
animal from any healthy animal, and adequately segregate them so that
the illness or disease will not be transmitted from one animal to
another. In the case of pet shops, no sick, diseased, or injured
animal defined by this chapter may be maintained on the premises for
any purpose. Any sick or injured animal shall be isolated and given
proper medical treatment.
(t) The permittee shall immediately notify the owner of any animal
held on consignment or boarded if the animal refuses to eat or drink
beyond a reasonable period, is injured, becomes sick, or dies. In
case of death, permittee shall retain the body for 12 hours after
notification has been sent to the owner.
SEC. 9. Section 121919 is added to the Health and Safety Code, to
read:
121919. The local public agency may suspend or revoke a permit
issued under this chapter if the local public agency determines that
the permittee has done any of the following:
(a) Made any false statement or given any false information in
connection with an application for a license or a renewal or
reinstatement thereof.
(b) Violated any provisions of this chapter.
(c) Violated any rule of an ordinance adopted pursuant to the
authority contained in this chapter.
(d) Committed any other act that would be grounds for denial of a
license.
SEC. 10. Section 121920 of the Health and Safety Code is amended
to read:
121920. (a) The owner or trainer of any attack, guard, or sentry
dog shall ensure that the dog has been microchipped and the owner's
identification has been entered into a local or national registry.
Each dog subject to this chapter shall, at all times, wear an
identification tag. The identification tag shall be provided by the
attack, guard, or sentry dog company furnishing the dog for hire.
The identification tag shall contain, but not be limited to, the
following information:
The name of the dog.
The name, address, and telephone number of the attack, guard, or
sentry dog company furnishing the dog for hire. Any telephone number
so provided shall be to a telephone that is manned by a person 24
hours per day every day of the year so that calls from the public may
be received and answered.
(b) The identification tag required by this section shall be in
addition to any tag required or issued by any agency of government to
show that a dog has been immunized or inoculated against disease.
SEC. 11. Section 121921 is added to the Health and Safety Code, to
read:
121921. No person shall sell, give away, or let for hire any
guard, attack, or sentry dog unless the following requirements have
been met:
(a) The dog has been immunized against distemper and rabies.
(b) A certificate of rabies vaccination has been issued by a
licensed veterinarian and is current and valid.
SEC. 12. Section 121940 of the Health and Safety Code is amended
to read:
121940. (a) Except as otherwise specified in this chapter, any
person violating any provision of this chapter, other than Section
121945, shall be subject to a civil penalty of up to one thousand
dollars ($1,000) per violation. The action pursuant to this chapter
may be prosecuted in the name of the people of the State of
California by the district attorney for the county in which the
violation occurred and in the appropriate court, or by the city
attorney in the city in which the violation occurred and in the
appropriate court.
(b) Nothing in this chapter limits or authorizes any act or
omission that violates Section 5971 of the Penal Code.
SEC. 13. Section 121945 is added to the Health and Safety Code, to
read:
121945. In lieu of the civil penalties imposed pursuant to
Section 121940, any person or owner who violates this chapter shall
be subject to a civil penalty of up to one thousand dollars ($1,000),
or shall be prohibited from selling, renting, leasing, or training
any attack, guard, or sentry dog for up to 30 days, or both. For a
second offense, the person or owner shall be subject to a civil
penalty of up to two thousand five hundred dollars ($2,500), or a
prohibition from selling, renting, leasing, or training any attack,
guard, or sentry dog for up to 90 days, or both. For a third
offense, the person or owner shall be subject to a civil penalty of
up to five thousand dollars ($5,000) or a prohibition from selling,
renting, leasing, or training any attack, guard, or sentry dog for up
to six months, or both. For a fourth or any subsequent offense, the
person or owner shall be subject to a civil penalty of up to ten
thousand dollars ($10,000) or a prohibition from selling, renting,
leasing, or training any attack, guard, or sentry dog for up to one
year, or both. For purposes of this section, a violation that
occurred over five years prior to the most recent violation shall not
be considered. An action for recovery of the civil penalty and for
a court order enjoining a person or owner from engaging in the
business of selling, renting, leasing, or training any attack, guard,
or sentry dog for the period set forth in this section, may be
prosecuted by the district attorney for the county where the
violation occurred, or the city attorney for the city where the
violation occurred, in the appropriate court.
SEC. 14. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.