BILL NUMBER: SB 769 CHAPTERED 10/01/01 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.