BILL ANALYSIS
SB 769
Page 1
Date of Hearing: July 10, 2001
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Lou Correa, Chair
SB 769 (Figueroa) - As Amended: July 9, 2001
SENATE VOTE : 39-0
SUBJECT : Sentry dogs.
SUMMARY : Establishes permit requirements for sentry dog
services and establishes a fine schedule for violations
associated with the permit requirements. Specifically, this
bill :
1)Requires that a person or owner of attack, guard, or sentry
dogs that operates a business to sell, rent, or train the dogs
must obtain a permit from the local public agency, or private
society contracting with the city or county, for animal care
and control.
2)Requires each city and county to have its contracting public
agency or private society adopt and implement a permit program
for those who are in the business of providing sentry dogs.
3)Requires an individual, who is applying for a permit, to
furnish the local public agency with an inventory that
identifies the breeds, and an estimated maximum number of
animals that will be kept or used for any purpose at the place
of business.
4)Requires an applicant to provide the local public agency with
the names and telephone numbers of responsible persons who can
be reached during an emergency and who have access to the
animals.
5)Requires an applicant to notify the local public agency when
animals are kept or maintained for which an additional permit
is required.
6)Allows the local authority to establish the maximum number of
animals that can be kept or maintained on any premises.
7)Requires a permittee to report in writing any changes in
address, ownership, or management, to the local public agency
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at least 15 days prior to the change.
8)Requires the permittee to maintain a register of names and
addresses of persons to whom the animals are sold, traded, or
given. This information shall be available to the local
public agency upon request.
9)Establishes specified violations that can result in suspension
or revocation of a permit or license.
10)Requires the owner or trainer of an attack, guard, or sentry
dog to ensure that his or her dog has been micro-chipped and
the owner or trainer identification has been entered into a
local or national registry.
11)Allows the contracting local agency to establish and pass a
local ordinance for the protection and welfare of the animals.
The ordinance will be in accordance with specified
requirements and prohibitions associated with proper animal
care.
12)Prohibits a person from selling, giving away or allowing for
hire any guard, attack, or sentry dog unless specified
requirements have been met.
13)Provides that for a violation of any specified provision, a
person will be subject to a civil penalty of up to $1000 per
violation or will be prohibited from selling, renting,
leasing, or training attack, guard or sentry dogs for up to 30
days or both.
14)Provides that for a second violation, the person will be
subject to a civil penalty of up to $2,500, or will be
prohibited from selling, renting, leasing, or training attack,
guard or sentry dogs for up to 30 days, or both.
15)Provides that for a third violation, the person will be
subject to a civil penalty of up to $5,000, or will be
prohibited from selling, renting, leasing, or training attack,
guard or sentry dogs for up to six months, or both.
16)Provides that a fourth and subsequent violation, the person
will be subject to a civil penalty of up to $10,000, or will
be prohibited from selling, renting, leasing, or training
attack, guard or sentry dogs for up to one year, or both.
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17)Provides that a violation that occurred over five years prior
to the most recent violation will not be considered as a first
offense.
18)Defines additional terminology associated with sentry dogs.
EXISTING LAW :
1)Defines "sentry dog" as a dog trained to work without
supervision in a fenced facility in order to deter or detain
unauthorized persons found within the facility.
2)Defines "sentry dog company" as any person who agrees to
furnish trained sentry, attack or narcotic detection dogs for
hire.
3)Requires each sentry dog company to register each dog that it
handles with the local law enforcement agency and with the
state, city, county, or district fire department that has
responsibility for the prevention and suppression of fires in
the area where the sentry dog company is located.
4)Specifies that a sentry dog company shall provide an
identification tag for each dog, provide secure and humane
transportation, and visit the dog every 12 hours while they
are on duty to ensure the dog's physical condition, its
surroundings, and that its food and water supply are adequate.
FISCAL EFFECT : Unknown. Costs potentially offset by fees.
COMMENTS : The purpose of this bill, according to the author,
is to regulate entities that are involved in the business of
providing sentry/attack dogs in the state. This bill allows
local animal control agencies to monitor and regulate entities
involved in training and handling of sentry/attack dogs. Local
agencies also will have discretion on the level of oversight
appropriate for their communities, and will create operation and
inspection guidelines to ensure appropriate training, handling
and ownership. According to the author, the requirements in the
bill associated with the permit process are taken directly from
the sentry dog ordinance adopted by the City of Los Angeles.
In 1983, the Bureau of Collection and Investigative Services
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(BCIS) under the Department of Consumer Affairs (DCA) was given
authority to license and regulate people who furnish
sentry/attack dogs that are trained to guard, protect, and
patrol property, and defend or guard people. Previous
regulation established a number of requirements regarding the
training, handling, care and oversight of sentry dogs and placed
appropriate penalties for failure to adhere to the specified
provisions. In 1993, DCA sponsored legislation eliminated the
licensing and regulation of sentry/attack dog operators.
According to BCIS, there was little consumer protection demand
necessitating the regulation of sentry/attack dog operators. As
a result, BCIS proposed that the protection dog operator program
be repealed. Arguments also were made that if some regulation
is to continue, it should be regulated at the local level rather
than the state level.
Proponents of this bill note that regulation is necessary to
protect the public from those who are involved in inappropriate
training and/or mishandling of sentry/attack dogs, and to ensure
the welfare of the animals. According to proponents, there is a
growing number of dog attacks. This may result from individuals
who are running illegitimate sentry/attack dog businesses or
operating backyard-training facilities. There also have been
reported cases of legitimate sentry/attack dog companies that
provide substandard living conditions and care for their dogs.
States such as Florida, Illinois, Maryland, Massachusetts, and
New Mexico require some form of state licensure or local
permitting. Various California cities and counties also have
passed similar ordinances to regulate this activity. The City
of Los Angeles has passed one of the most comprehensive
ordinances associated with sentry/guard dog businesses and those
who are involved in the training of sentry and attack dogs. The
City of Los Angeles has indicated that individuals who have
violated the city ordinance are now moving to other counties
where there is no permit requirement, ordinance or oversight.
According to the author, the penalty provisions within this bill
are similar to penalty provisions dealing with requirements for
the retail sale or transfer of dogs by breeders and pet dealers.
The same penalties would apply for those who violate provisions
regarding disclosure requirements for the sale and purchase of
dogs, maintaining records and identification for dogs sold or
transferred, as well as the inappropriate treatment of dogs by
owners and/or trainers of these animals.
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REGISTERED SUPPORT / OPPOSITION :
Support
Fund for Animals, Inc. (Sponsor)
Action for Animals
Animal Control Director's Association
Animal Federation for Animal Legislation
California Agricultural Commissioners & Sealers Association
California Federation for Animal Legislation
Contra Costa Humane Society
Humane Society of the United States
Opposition
None on file.
Analysis Prepared by : Chris L. Gallardo / B. & P. / (916)
319-3301