BILL NUMBER: SB 1578 CHAPTERED
BILL TEXT
CHAPTER 489
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2006
APPROVED BY GOVERNOR SEPTEMBER 27, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 31, 2006
AMENDED IN ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY AUGUST 14, 2006
AMENDED IN SENATE MAY 26, 2006
AMENDED IN SENATE APRIL 20, 2006
AMENDED IN SENATE MARCH 27, 2006
INTRODUCED BY Senator Lowenthal
(Principal coauthor: Assembly Member Koretz)
(Coauthor: Assembly Member Levine)
FEBRUARY 23, 2006
An act to add Chapter 8 (commencing with Section 122335) to Part 6
of Division 105 of the Health and Safety Code, relating to dogs.
LEGISLATIVE COUNSEL'S DIGEST
SB 1578, Lowenthal Dogs: tethering prohibition.
Existing law contains various provisions relating to the health,
safety, and humane treatment of animals, such as birds, horses and
other equines, and animals performing in traveling circuses and
carnivals.
This bill, with specified exceptions, would prohibit a person from
tethering, fastening, chaining, tying, or restraining a dog to a dog
house, tree, fence, or other stationary object.
This bill would make a violation of its provisions an infraction
or a misdemeanor. This bill would also permit animal control, as
defined, to issue a correction warning in lieu of an infraction or
misdemeanor, as specified. By making a violation of its provisions a
crime, this bill would impose a state-mandated local program. This
bill would provide that it is not to be construed to prevent a person
from walking a dog with a hand-held leash.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 8 (commencing with Section 122335) is added to
Part 6 of Division 105 of the Health and Safety Code, to read:
CHAPTER 8. Dog Tethering
122335. (a) For purposes of this chapter, the following terms
shall have the following definitions:
(1) "Animal control" means the municipal or county animal control
agency or any other entity responsible for enforcing animal-related
laws.
(2) "Agricultural operation" means an activity that is necessary
for the commercial growing and harvesting of crops or the raising of
livestock or poultry.
(3) "Person" means any individual, partnership, corporation,
organization, trade or professional association, firm, limited
liability company, joint venture, association, trust, estate, or any
other legal entity, and any officer, member, shareholder, director,
employee, agent, or representative thereof.
(4) "Reasonable period" means a period of time not to exceed three
hours in a 24-hour period, or a time that is otherwise approved by
animal control.
(b) No person shall tether, fasten, chain, tie, or restrain a dog,
or cause a dog to be tethered, fastened, chained, tied, or
restrained, to a dog house, tree, fence, or any other stationary
object.
(c) Notwithstanding subdivision (b), a person may do any of the
following in accordance with Section 597t of the Penal Code:
(1) Attach a dog to a running line, pulley, or trolley system. A
dog shall not be tethered to the running line, pulley, or trolley
system by means of a choke collar or pinch collar.
(2) Tether, fasten, chain, tie, or otherwise restrain a dog
pursuant to the requirements of a camping or recreational area.
(3) Tether, fasten, chain, or tie a dog no longer than is
necessary for the person to complete a temporary task that requires
the dog to be restrained for a reasonable period.
(4) Tether, fasten, chain, or tie a dog while engaged in, or
actively training for, an activity that is conducted pursuant to a
valid license issued by the State of California if the activity for
which the license is issued is associated with the use or presence of
a dog. Nothing in this paragraph shall be construed to prohibit a
person from restraining a dog while participating in activities or
using accommodations that are reasonably associated with the licensed
activity.
(5) Tether, fasten, chain, or tie a dog while actively engaged in
any of the following:
(A) Conduct that is directly related to the business of
shepherding or herding cattle or livestock.
(B) Conduct that is directly related to the business of
cultivating agricultural products, if the restraint is reasonably
necessary for the safety of the dog.
(d) A person who violates this chapter is guilty of an infraction
or a misdemeanor.
(1) An infraction under this chapter is punishable upon conviction
by a fine of up to two hundred fifty dollars ($250) as to each dog
with respect to which a violation occurs.
(2) A misdemeanor under this chapter is punishable upon conviction
by a fine of up to one thousand dollars ($1,000) as to each dog with
respect to which a violation occurs, or imprisonment in a county
jail for not more than six months, or both.
(3) Notwithstanding subdivision (d), animal control may issue a
correction warning to a person who violates this chapter, requiring
the owner to correct the violation, in lieu of an infraction or
misdemeanor, unless the violation endangers the health or safety of
the animal, the animal has been wounded as a result of the violation,
or a correction warning has previously been issued to the
individual.
(e) Nothing in this chapter shall be construed to prohibit a
person from walking a dog with a hand-held leash.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.