BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Gloria Romero, Chair A
2007-2008 Regular Session B
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AB 1347 (Caballero) 7
As Amended June 27, 2007
Hearing date: July 3, 2007
Health and Safety Code
MK:mc
PET STORE ANIMAL CARE ACT
HISTORY
Source: PETCO
Prior Legislation: AB 2862 (Ridley-Thomas) - vetoed 2006
Support: Pet Industry Advisory Council; Animal Protection
Institute (if amended); Humane Society of the United
States (if amended)
Opposition:spcaLA; State Humane Association of California;
California Federation for Animal Legislation
Assembly Floor Vote: Ayes 75 - Noes 1
KEY ISSUES
SHOULD THE LAW SPECIFY IN DETAIL BEHAVIOR REQUIRED BY PET SHOPS IN
THE CARE AND SALE OF ANIMALS?
SHOULD A NEW SENTENCING SCHEME BE SET UP WHERE A FIRST VIOLATION OF
CONDUCT RELATING TO DUTIES, CARE AND REPORTING IS A FIX IT TICKET, A
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SECOND VIOLATION A $250 INFRACTION AND A THIRD VIOLATION A $1,000
FINE ONLY MISDEMEANOR AND OTHER VIOLTIONS ARE A $1,000 MISDEMEANOR?
PURPOSE
The purpose of this bill is to detail specifically the care of
animals required by a pet shop and to create penalties in
addition to existing penalties to enforce those new provisions.
Existing law provides that every person who maliciously and
intentionally maims, mutilates, tortures, or wounds a living
animal, or maliciously and intentionally kills an animal, is
guilty of an offense punishable by imprisonment in the state
prison, or by a fine of not more than twenty thousand dollars
($20,000), or by both the fine and imprisonment, or,
alternatively, by imprisonment in a county jail for not more
than one year, or by a fine of not more than twenty thousand
dollars ($20,000), or by both the fine and imprisonment. (Penal
Code 597(a).)
Existing law provides every person who overdrives, overloads,
drives when overloaded, overworks, tortures, torments, deprives
of necessary sustenance, drink, or shelter, cruelly beats,
mutilates, or cruelly kills any animal, or causes or procures
any animal to be so overdriven, overloaded, driven when
overloaded, overworked, tortured, tormented, deprived of
necessary sustenance, drink, shelter, or to be cruelly beaten,
mutilated, or cruelly killed; and whoever, having the charge or
custody of any animal, either as owner or otherwise, subjects
any animal to needless suffering, or inflicts unnecessary
cruelty upon the animal, or in any manner abuses any animal, or
fails to provide the animal with proper food, drink, or shelter
or protection from the weather, or who drives, rides, or
otherwise uses the animal when unfit for labor, is, for every
such offense, guilty of a crime punishable as a misdemeanor or
as a felony or alternatively punishable as a misdemeanor or a
felony and by a fine of not more than twenty thousand dollars
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($20,000). (Penal Code 597(b).)
Existing law provides that it is a misdemeanor punishable by a
fine of up to $1,000 plus penalty assessments and/or up to 90
days in jail for any person who operates a pet shop to fail do
all of the following:
Maintain the facilities used for the keeping of pet
animals in a sanitary condition.
Provide proper heating and ventilation for the
facilities used for the keeping of pet animals.
Provide adequate nutrition for, and humane care and
treatment of, all pet animals under his or her care and
control.
Take reasonable care to release for sale, trade, or
adoption only those pet animals that are free of disease or
injuries.
Provide adequate space appropriate to the size, weight,
and specie of pet animals. (Penal Code 597 l(a).)
Existing law provides that sellers of pet animals shall provide
buyers of a pet animal with general written recommendations for
the generally accepted care of the class of pet animal sold,
including recommendations as to the housing, equipment,
cleaning, environment, and feeding of the animal. This written
information shall be in a form determined by the sellers of pet
animals and may include references to Web sites, books,
pamphlets, videos, and compact discs. Charges against a seller
of pet animals for a first violation of the provisions of this
subdivision shall be dismissed if the person charged produces in
court satisfactory proof of compliance. A second or subsequent
violation is an infraction punishable by a fine not to exceed
$250. (Penal Code 597 l(b)(1).)
Existing law in the Lockyer-Polanco-Farr Pet Protection Act,
regulates the sale of dogs and cats by pet dealers and provides
for civil penalties in the amount up to $1,000 for violations of
the act. The civil penalty may be enforced by the local
district attorney or city attorney. (Health and Safety Code
122320 et. seq.)
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Existing law further provides that no pet dealer shall knowingly
sell a dog that is diseased, ill, or has a condition, any one of
which requires hospitalization or surgical procedures. In lieu
of the civil penalties imposed pursuant to Section 122150, any
pet dealer who violates this section shall be subject to a civil
penalty of up to one thousand dollars ($1,000), or shall be
prohibited from selling dogs at retail for up to 30 days, or
both. If there is a second offense, the pet dealer shall be
subject to a civil penalty of up to two thousand five hundred
dollars ($2,500), or a prohibition from selling dogs at retail
for up to 90 days, or both. For a third offense, the pet dealer
shall be subject to a civil penalty of up to five thousand
dollars ($5,000) or a prohibition from selling dogs at retail
for up to six months, or both. For a fourth and subsequent
offense, the pet dealer shall be subject to a civil penalty of
up to ten thousand dollars ($10,000) or a prohibition from
selling dogs at retail 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 the pet dealer from engaging in the
business of selling dogs at retail 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.
(Health and Safety Code 122205.)
This bill provides that each pet store operator shall be
responsible for all the following:
Maintaining the entire pet store facility in good
repair.
Restricting the entry of pests from outside, ensuring
the containment of animals within the pet store, and, in
the event that animals escape, being responsible for
reporting this fact, as necessary, to local authorities and
making reasonable efforts to capture the animals that have
escaped.
Ensuring that the pet store's interior building
surfaces, including walls and floors, are constructed in a
manner that permits them to be readily cleaned and
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maintained.
Uniformly distributing light, by natural or artificial
means, in a manner that permits routine inspection and
cleaning, and the proper care and maintenance of the
animals.
When dog or cat grooming services are offered by a pet
store, separating the grooming work area from the store's
primary animal enclosures, animal food storage areas, and
isolation areas for housing sick animals. The grooming
area shall be cleaned and maintained at least once daily.
With respect to dogs, complying with all of the
requirements of Section 122155.
This bill sets forth specific requirements regarding the primary
enclosures of animals in pet shops including specific
requirements for bird enclosures.
This bill provides that enclosures shall be observed at least
once daily, and animal and food wastes, used bedding, debris,
and any other organic wastes shall be removed as necessary to
prevent contamination of the animals and to reduce disease and
hazards and odors.
This bill provides that pest control measures shall be
implemented to effectively control infestation of vermin,
insects or other pests.
This bill provides that the pet store operator or at least of
his or her employees shall be present in the store at least once
daily, regardless of whether the store is open for care and
maintenance of the animals in the pet store and provides that
the pet store operator shall comply with the following animal
care requirements:
House only compatible animals in the same enclosure.
Observe each animal at regular intervals, at least once
a day, in order to recognize and evaluate general symptoms
of sickness, injury, or abnormal behavior.
Take reasonable measures to house intact mammals that
have reached sexual maturity in a manner to prevent
unplanned reproduction.
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Maintain and abide by written animal husbandry
procedures that address animal care, management and safe
handling, disease prevention and control, veterinary care
routine care, preventative care, emergency veterinary care,
euthanasia, and disaster planning, evacuation, and recovery
that is applicable to the location of the pet store. These
procedures shall be reviewed with employees who provide
animal care and shall be present in writing, either
electronically or physically, in the store and made
available to all store employees.
Make the determination as to whether an animal shall be
destroyed and ensure that the destruction of the animal is
effectuated by performing euthanasia on the animal using a
method or methods suitable for the species and specifically
authorized for the species as specified in Appendix 2 of
the American Veterinary Medical Association's (AVMA) 2000
Report of the AMVA Panel on Euthanasia, and as authorized
for the species in the documented program prescribed in
paragraph (7). However, if the animal is intended as food
for another animal then the animal may be destroyed using a
method authorized, as specified.
This bill provides that each employee who performs euthanasia
shall receive adequate training.
This bill provides that the pet store operator shall isolate and
not offer for sale, those animals that have or are suspected of
having a contagious condition.
This bill provides that a pet store operator shall have a
documented program of routine care, preventative care, and
emergency veterinary care, disease control and prevention,
veterinary treatment and euthanasia that is established and
maintained by the pet store, in consultation with, a
veterinarian employed by the pet store or a California-licensed
veterinarian, to ensure adherence to the program with respect to
each animal. The program shall also include a documented onsite
visit to the pet store premises by a California-licensed
veterinarian, at least once a year.
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This bill provides that the pet store operator shall ensure that
each diseased, ill, or injured animal is evaluated and treated
without delay. If necessary for the humane care and treatment
of the animal, the animal shall be provided with veterinary
treatment without delay.
This bill provides that in the event of a natural disaster, an
emergency evacuation, or other similar occurrence, the humane
care and treatment of each animal is provided for, to the extent
access to the animals is reasonably available.
This bill provides that each pet store operator shall ensure
that records of all veterinary visits to the pet store are
documented in writing. Veterinary treatment records shall be
kept for each animal or group of animals that receives
medications or immunizations while in the care of the pet store.
This bill specifies what the records shall include.
This bill provides that the pet store shall provide to the
purchaser of an animal at the time of sale information
concerning the store's animal return policy, which shall be made
available to customers when they purchase an animal and
specifies that additional information shall be given to the
purchaser of cats, dogs, and all individually housed animals.
This bill provides that the pet store owner shall retain all
records of the person from whom each animal in the pet store was
acquired, with their name, address, and telephone number, and
the date the animal was acquired.
This bill provides that all records required under this bill
shall be maintained by the pet store for two years from the date
of disposition of the animal and shall be made available upon
request to appropriate law enforcement officers exercising
authority under this bill.
This bill provides that an animal control officer, a humane
officer, or a peace officer who detects specified violations
under this bill shall issue a single notice to correct, which
shall contain all the following information:
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Specify each violation of this chapter found in the
inspection.
Identify the corrective action for each violation.
Include a specific period of time for which the listed
violation or violations must be corrected.
This bill provides that after issuing a notice to correct the
officer or another qualified officer shall verify compliance by
conducting a subsequent investigation of the pet store within a
reasonable period of time.
This bill provides that an exact, legible copy of the notice to
correct shall be delivered to the pet store operator at the time
he or she signs the notice. In the alternative, the issuing
agency may personally deliver the notice to the pet store
operator within 48 hours of its issuance, excluding holidays and
weekends. The signing of the notice is an acknowledgement of
receipt, and does not constitute an admission of guilt.
This bill provides a pet store operator who fails to comply with
a notice to correct is guilty of an infraction.
This bill provides a pet store operator who violates the same
provision of this chapter on more than one occasion within a
12-month period, at the same location, is not eligible to
receive a notice to correct, and is guilty of an infraction on
the second violation, and is guilty of a misdemeanor on a third
or subsequent violation.
This bill provides, however, that if a pet store owner violates
these provisions and by doing so, the pet store operator causes
or allows harm or injury to an animal, or allows an animal to be
subject to an unreasonable risk of harm or injury is guilty of a
misdemeanor.
This bill provides that violations not specified for a notice of
correction are misdemeanors.
This bill provides that an infraction is punishable by a fine
not to exceed $250 per violation and a misdemeanor by a fine not
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to exceed $1,000 per violation.
This bill provides that a pet store shall not offer any live
animal as a prize or give away any animal as an inducement to
enter any contest, game, or other competition.
This bill provides that a pet store shall not sell, offer for
sale, trade, or barter any dog or cat that is under eight weeks
of age. Notwithstanding any other provision of law, dogs or
cats over eight weeks of age may be sold, offered for sale,
traded, or bartered only if the animal is weaned. Pet stores
shall not sell any animal before it is weaned, except for
animals intended to be used as food for other animals.
This bill provides that nothing in this chapter shall be
construed to in any way limit or affect the application of any
other law that protects animals or the rights of animals,
including, but not limited to the Lockyer-Polanco-Farr Pet
Protection Act contained in Article 2 (commencing with Section
122125) of Chapter 5 of Part 6 of Division 105, or Section 597
or 597l of the Penal Code.
This bill provides that nothing in this chapter limits or
authorizes any act or omission that violates Section 597 and
597l of the Penal Code, or any other local, state, or federal
law. The procedures set forth in this chapter shall not apply
to a violation of Section 597 or 597l of the Penal Code, which
is cited or prosecuted pursuant to one or both of those
sections.
This bill defines the following terms as specified:
"Adequate space" means sufficient height and sufficient
floor space for the animals to stand up, sit down and turn
about freely using normal body movements without the head
touching the top of the primary enclosure; lie down with
limbs outstretched and exercise normal postural movement,
and move about freely as appropriate for the species, age,
size, and condition of the animal, and when appropriate, to
experience socialization with other animals in the primary
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enclosure, if any. However, when freedom of movement would
endanger the animal, temporarily and appropriately
restricting movement of the animal in a humane manner is
permitted.
"Animal" means any nonhuman vertebrate species housed,
offered for sale or adoption, or both, in the pet store,
including, but not limited to, mammals, birds, reptiles,
amphibians, fish, andalso invertebrates housed, sold, or
adopted as pets.
"Disposition" means the transfer of an animal from a pet
store to another location, including the sale or adoption
of the animal, the return of the animal to the person who
supplied the animal to the pet store, or removal from the
pet store of any animal that is deceased for any reason,
including euthanasia.
"Enrichment" means providing objects or activities,
appropriate with the needs of the species, as well as the
age, size, and condition of the animal, that stimulate the
animal and promote the animal's well-being.
"Euthanasia" or "euthanize" means the humane destruction
of an animal that is in compliance with the requirements
set forth in paragraph (7) of subdivision (b) of Section
122354.
"Impervious to moisture" means a surface that prevents
the absorption of fluids and that can be thoroughly and
repeatedly sanitized, will not retain odors, and from which
fluids bead up and run off or can be removed without being
absorbed into the surface material.
"Intact" means an animal that retains its sexual organs
or ability to procreate and has not been sterilized.
"Person" means any individual, partnership, firm,
joint-stock company, corporation, association, trust,
estate, or other legal entity.
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"Pet store" means a retail establishment open to the
public and selling or offering for sale animals. Any
person who sells, exchanges, or otherwise transfers only
animals that were bred or raised, or both, by the person,
or sells or otherwise transfers only animals kept primarily
for reproduction, shall be considered a breeder and not a
pet store.
"Pet store operator" or "operator" means a person who
owns or operates a pet store, or both.
"Primary enclosure" means any structure used to
immediately restrict an animal or animals to a limited
amount of space, such as a room, pen, cage, aquarium,
terrarium, habitat compartment or hutch, where the animal
or animals reside until their sale, transfer, or other
disposition.
"Rodent" means an animal of the order Rodentia, such as
a guinea pig, rat, mouse, chinchilla, or hamster.
"Sanitize" means to make physically clean and to
destroy, to the extent practical, agents injurious to
health.
"Temporary enclosure" means a confined space used by the
pet store to house an animal when the animal is not in its
primary enclosure for a period not to exceed four
consecutive hours. The temporary enclosure shall allow the
animals to stand up, lie down, and turn around. Any
enclosure used by the pet store to house an animal for
longer than four hours shall meet the requirements of a
primary enclosure.
"Time of sale" means the calendar date the retail
purchaser removes the animal from the premises of the pet
store following the retail sale of that animal.
"Transfer" means the release of an animal by its owner
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to another person by sale, gift, adoption, or other
disposition, including the exchange of animals between pet
stores.
"Veterinarian" means any person who is licensed by the
State of California under Chapter 11 (commencing with
Section 4800) of Division 2, or who is exempt from
licensing requirements pursuant to Section 4827 of the
Business and Professions Code.
"Veterinary treatment" means treatment by or at the
direction of a California-licensed veterinarian.
This bill makes the following legislative findings:
It is the intent of the Legislature to establish
standards of care for animals in pet stores.
Standards of care for animals in pet stores are
essential to ensure the humane treatment of the animals,
safeguard the public, and are in the public interest.
The Legislature does not intend, by this act, to
regulate the care or handling of animals in or on farms,
ranches, livestock or horse auctions, livestock markets,
slaughtering facilities, or any place other than pet
stores.
The Legislature does not intend, by regulating pet
stores, to classify as a pet store a person who breeds and
sells animals directly to the public.
This bill has a delayed operative date of January 1, 2009.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
California currently faces an extraordinary and severe prison
and jail overcrowding crisis. California's prison capacity is
nearly exhausted as prisons today are being operated with a
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significant level of overcrowding. <1> In addition,
California's jails likewise are significantly overcrowded.
Twenty California counties are operating under jail population
caps. According to the State Sheriffs' Association, "counties
are currently releasing 18,000 pre and post-sentenced inmates
every month and many counties are so overcrowded they do not
accept misdemeanor bookings in any form, . . . ." <2> In
January of this year the Legislative Analyst's office summarized
the trajectory of California's inmate population over the last
two decades:
During the past 20 years, jail and prison
populations have increased significantly. County
jail populations have increased by about 66
percent over that period, an amount that has been
limited by court-ordered population caps. The
prison population has grown even more dramatically
during that period, tripling since the
mid-1980s.<3>
The level of overcrowding, and the impact of the population
crisis on the day-to-day prison operations, is staggering:
As of December 31, 2006, the California Department
of Corrections and Rehabilitation (CDCR) was
estimated to have 173,100 inmates in the state
prison system, based on CDCR's fall 2006
population projections. However, . . . the
department only operates or contracts for a total
of 156,500 permanent bed capacity (not including
out-of-state beds, . . . ), resulting in a
shortfall of about 16,600 prison beds relative to
the inmate population. The most significant bed
shortfalls are for Level I, II, and IV inmates, as
--------------------
<1> Analysis of the 2007-08 Budget Bill: Judicial and Criminal
Justice, Legislative Analyst's Office (February 21, 2007).
<2> Memorandum from CSSA President Gary Penrod to Governor,
February 14, 2007.
<3> California's Criminal Justice System: A Primer.
Legislative Analyst's Office (January 2007).
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well as at reception centers. As a result of the
bed deficits, CDCR houses about 10 percent of the
inmate population in temporary beds, such as in
dayrooms and gyms. In addition, many inmates are
housed in facilities designed for different
security levels. For example, there are currently
about 6,000 high security (Level IV) inmates
housed in beds designed for Level III inmates.
. . . (S)ignificant overcrowding has both
operational and fiscal consequences. Overcrowding
and the use of temporary beds create security
concerns, particularly for medium- and
high-security inmates. Gyms and dayrooms are not
designed to provide security coverage as well as
in permanent housing units, and overcrowding can
contribute to inmate unrest, disturbances, and
assaults. This can result in additional state
costs for medical treatment, workers'
compensation, and staff overtime. In addition,
overcrowding can limit the ability of prisons to
provide rehabilitative, health care, and other
types of programs because prisons were not
designed with sufficient space to provide these
services to the increased population. The
difficulty in providing inmate programs and
services is exacerbated by the use of program
space to house inmates. Also, to the extent that
inmate unrest is caused by overcrowding,
rehabilitation programs and other services can be
disrupted by the resulting lockdowns.<4>
As a result of numerous lawsuits, the state has entered into
several consent decrees agreeing to improve conditions in the
state's prisons. As these cases have continued over the past
several years, prison conditions nonetheless have failed to
improve and, over the last year, the scrutiny of the federal
courts over California's prisons has intensified.
---------------------------
<4> Analysis 2007-08 Budget Bill, supra, fn. 1.
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In February of 2006, the federal court appointed a receiver to
take over the direct management and operation of the prison
medical health care delivery system from the state. Motions
filed in December of 2006 are now pending before three federal
court judges in which plaintiffs are seeking a court-ordered
limit on the prison population pursuant to the federal Prison
Litigation Reform Act. Medical, mental health and dental care
programs at CDCR each are "currently under varying levels of
federal court supervision based on court rulings that the state
has failed to provide inmates with adequate care as required
under the Eighth Amendment to the U.S. Constitution. The courts
found key deficiencies in the state's correctional programs,
including: (1) an inadequate number of staff to deliver health
care services, (2) an inadequate amount of clinical space within
prisons, (3) failures to follow nationally recognized health
care guidelines for treating inmate-patients, and (4) poor
coordination between health care staff and custody staff."<5>
This bill will not aggravate the prison and jail overcrowding
crisis outlined above.
COMMENTS
1. Need for This Bill
According to the author:
This bill is designed to fill a significant hole in
state and local law for the protection of animals sold
in pet stores throughout the state. Although some large
cities have animal control ordinances, the primary state
law for the protection of animals in pet stores is
California Penal Code Section 597 l which gives local
animal control officers general authority to prosecute
the inhumane treatment of animals in pet stores through
the local judicial system as misdemeanors. Section 597
l is brief and written very generally. It is primarily
used for serious mistreatment of animals. California law
-----------------------
<5> Primer, supra fn. 4.
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does not provide detail on the daily operating practices
of pet stores, such as what constitutes appropriate
animal enclosures, feeding, watering, general health
veterinary treatment, record keeping and other related
matters. AB 1347 fills that gap and will greatly assist
Animal Control Officers to seek to ensure the humane
treatment of animals in pet stores.
The bill was written with a lot of help of the Animal
Care Enforcement Officers, through their association,
the California Animal Care Director's Association
(CACDA) to help ensure that the pet store enforcement
provisions of this bill fill the gaps in present law,
make the enforcement job easier, and give the
enforcement officers the discretion necessary to
appropriately deal with the varied types of pet care
enforcement issues they face on a daily basis in this
state. The pet store coalition has also sought and
received drafting advice from the California State
Humane Society, the Humane Society of the United States
and API.
2. New Penalty Scheme for Pet Shop Violations
Existing law sets forth penalties for a pet shop which fails to
maintain and properly care for the animals in their care. A
violation of these provisions is a misdemeanor punishable by up
to 90 days in county jail and/or a fine of $1,000. (Penal Code
597l.) In addition, existing law makes it a wobbler to abuse
any animal which includes failing to provide necessary
substance, drink or shelter. (Penal Code 597.) The
Lockyer-Polanco-Farr Pet Protection Act also sets up a statutory
scheme of civil penalties enforceable by a local prosecutor and
punishable by a fine up to $1,000 per violation for the
violation of specified requirements regarding the sale of dogs
and cats. (Health and Safety Code 122320 et. seq.) Under
that act if a pet dealer knowingly sells a dog that is diseased,
ill or has a condition, any one of which requires
hospitalization or surgical procedures, then the pet dealer is
liable for a civil fine up to $1,000 for a first offense, with
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higher fines for a subsequent offense, plus the court has the
ability to prohibit the pet dealer from selling dogs for a
specified period of time.
This bill creates the Pet Store Animal Care Act which sets forth
in detail the care a pet store must maintain in offering all
types of animals for sale. It details the responsibilities of
the pet shop, the standards for enclosures, animal care
requirements, record keeping, standards keeping the animals
healthy including veterinary care, euthanasia standards and
disclosures that must be made to a person who purchases a pet.
Under the Pet Store Animal Care Act created by this bill, an
enforcement scheme is set up for violations relating to the
responsibilities of pet stores, to the requirements regarding
checking enclosures daily and taking pest control measures, to
the requirements of housing intact animals and maintaining and
abiding by written animal husbandry measures and record keeping
relating to veterinary care. Under the enforcement scheme
created to enforce these provisions, an animal control officer,
humane officer or peace officer shall issue a notice to correct
that shall specify the violation, identify the corrective action
for the violation and give a time period in which the action
shall be corrected. A pet store owner who fails to correct the
action is guilty of an infraction punishable by a fine of up to
$250 per violation plus penalty assessments.<6> On a third
violation a person is guilty of a misdemeanor subject to a fine
up to $1,000 plus penalty assessments per violation.<7> If a
pet store is convicted of any of the other provisions in this
section that are not eligible for the "fix it ticket", it is
guilty of a misdemeanor punishable by a fine up to $1,000 per
violation.
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<6> Because of the existing 270% penalty assessments imposed on
all criminal fines, a person ordered to pay a fine of $250
actually owes $925.
<7> With penalty assessments a $1,000 fine is actually $3,700.
While this bill contains language to specifically provide that a
person can still be prosecuted under existing statutes, a
question remains as to whether it is appropriate to create a
fine only misdemeanor for behavior that is arguably already
criminalized. It is not clear on what the practical effect of a
misdemeanor with a low fine and no jail time will have on the
enforcement of this section. It seems like a prosecuting
attorney would more likely opt to seek the civil penalty that
exists if the issue deals with dogs and cats since the fine is
the same. There is also the ability to stop the shop from
selling the animals temporarily and the burden of proof lower.
If it is a more serious violation, then the existing misdemeanor
or wobbler may apply. This bill does set forth very specific
behavior that must be followed by pet shops for all animals not
just dogs and cats, but it may be more appropriate to follow a
civil penalty similar to that in the Lockyer-Polanco-Farr Pet
Protection Act because the misdemeanor penalties in this bill,
with the fine only provision and a fine amounting to less than
$4,000 per occurrence may be hard to get a prosecutor to enforce
against a pet shop. A civil fine with some ability to enjoin
the sale of the animals in question could have more impact on a
business. The criminal penalties currently exist for the more
egregious violations.
SHOULD THE LAW SPECIFY BEHAVIOR REQUIRED BY PET SHOPS IN THE
CARE AND SALE OF ANIMALS?
SHOULD A NEW SENTENCING SCHEME BE SET UP WHERE A FIRST VIOLATION
OF CONDUCT RELATING TO DUTIES, CARE AND REPORTING IS A FIX IT
TICKET, A SECOND VIOLATION A $250 INFRACTION, A THIRD VIOLATION
A $1,000 FINE ONLY MISDEMEANOR, AND OTHER VIOLTIONS ARE A $1,000
MISDEMEANOR?
DO EXISTING CRIMINAL AND CIVIL PENALTIES COVER THIS CONDUCT
SUFFICIENTLY?
WOULD IT BE MORE APPROPRIATE THAT THE SENTENCING SCHEME CREATED
BY THIS BILL CREATE CIVIL PENALTIES SIMILAR TO THOSE CURRENTLY
APPLYING TO THE CARE OF DOGS AND CATS, SINCE THE MAXIMUM PENALTY
(More)
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IS ONLY $1,000 PER OCCURRENCE WITH NO JAIL TIME?
3. Requested Amendments
The Animal Protection Institute and the Humane Society of the
United States request the following amendments be made. Because
this bill is double-referred to the Business, Professions and
Economic Development Committee, if the author agrees to these
amendments, the bill should pass out "due pass" and the
amendments should be taken in BP&ED to make the deadlines:
On page 8, line 8 - the term "emergency veterinary care"
is inaccurate. The bill should state "? emergency care,
veterinary treatment ?" This is a crucial distinction as
there are pet stores in California which have a policy of
refusing to obtain veterinary care for their animals
regardless of how ill or injured the animals are. Clarity
on this issue is vital to prevent further animal suffering.
On page 9, line 30 - the term "emergency veterinary
care" also is inaccurate and should state instead
"emergency care" to ensure that animals are cared for in a
broader range of circumstances.
On page 9, line 39, there is a typo. "Human" should be
corrected to "humane."
On page 13, lines 1, 2 and 6, the word "owner" is
incorrect and should be replaced instead with "operator."
This is an oversight that we did not catch earlier and I
apologize for the oversight.
On page 13, line 27, after the words "rights of animals"
the words "or the rights of consumers" has been left out
and needs to be added.
On page 13, line 36, after "those sections" please add
"or a violation of any other local, state or federal law
and which is cited or prosecuted pursuant to that law.
This is further clarification to help ensure that existing
laws that apply to pet stores are not undercut or weakened
by AB 1347.
The Los Angeles District Attorney's Office would like the
AB 1347 (Caballero)
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following amendment to assure that they can continue to seek
criminal and civil penalties under existing statutes:
Page 13, line 34, after "apply" insert: "to any civil
violation of any other local, state law or federal law
which protects the rights of animals or consumers or"
SHOULD THE AUTHOR AGREE TO TAKE THESE AMENDMENTS IN THE
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT COMMITTEE?
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