BILL NUMBER: AB 1634 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Levine
(Principal coauthor: Senator Padilla)
(Coauthor: Assembly Member Nava)
FEBRUARY 23, 2007
An act to add Chapter 9 (commencing with Section 122336) to Part 6
of Division 105 of the Health and Safety Code, relating to pets.
LEGISLATIVE COUNSEL'S DIGEST
AB 1634, as introduced, Levine. California Healthy Pets Act.
Existing law sets forth provisions relating to veterinary public
health and safety and provides for or regulates spay, neuter, and
breeding programs for animals.
This bill would prohibit any person from owning or possessing any
unaltered cat or dog over the age of 4 months, unless that person
possesses an intact permit, as specified. The bill would establish an
intact permit fee in an amount to be determined by a local
jurisdiction, as defined, and would require the revenue from these
fees to be used for the administration of the local jurisdiction's
permit program. The bill would make a violation of these provisions
punishable by a prescribed fine.
The bill would require all revenues derived from these fines to be
used for funding free and low-cost spay and neuter programs, and
outreach efforts for these programs, which would be required to be
established by each local animal control agency, to the extent that
funding is available, and for the enforcement of these provisions.
By increasing the enforcement responsibility of local agencies,
this bill would create 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
California Healthy Pets Act.
SEC. 2. Chapter 9 (commencing with Section 122336) is added to
Part 6 of Division 105 of the Health and Safety Code, to read:
CHAPTER 9. SPAY AND NEUTER PROGRAM FOR CATS AND DOGS
Article 1. Definitions
122336. For purposes of this chapter, the following definitions
shall apply:
(a) "Alter" means to spay or neuter an animal, as performed by a
California licensed veterinarian.
(b) "Intact permit" means a document issued annually by a local
jurisdiction that authorizes a person to own or possess within that
locality an unaltered cat or dog.
(c) "Local animal control agency" means the municipal or county
animal control agency or other entity responsible for enforcing
animal-related laws.
(d) "Local jurisdiction" means any city, county, or city and
county.
Article 2. General Provisions
122336.1. (a) A person shall not own or possess within the state
any cat or dog over the age of four months that has not been spayed
or neutered, unless that person possesses an intact permit, as
defined in subdivision (b) of Section 122336.
(b) Any person who violates subdivision (a) shall be subject to
the following:
(1) Unless paragraph (2) applies, a person in violation of
subdivision (a) shall have his or her cat or dog spayed or neutered
within 30 days from the date of compliance as required under this
section or Article 3 (commencing with Section 122336.2), whichever is
applicable.
(2) If a person in violation of subdivision (a) provides a letter
from a California licensed veterinarian indicating that due to age,
poor health, or illness, it is unsafe to spay or neuter the cat or
dog within 30 days from the date of compliance under this section or
Article 3 (commencing with Section 122336.2), whichever is
applicable, and indicating that arrangements have been made to alter
the cat or dog within 75 days from that date of compliance, he or she
shall have his or her cat or dog spayed or neutered within that
75-day period.
(3) Any person who violates subdivision (a) shall, for each animal
for which a violation has occurred, be subject to a civil penalty of
five hundred dollars ($500) for each applicable period of
noncompliance, as set forth in paragraphs (1) and (2). This penalty
shall be imposed in addition to any other civil or criminal penalties
imposed by the local jurisdiction.
(c) Any fines imposed under subdivision (b) shall be waived by the
local jurisdiction if the person in violation provides proof that
his or her cat or dog has been spayed or neutered by a California
licensed veterinarian or provides proof that he or she has obtained
an intact permit for the cat or dog.
Article 3. Permits
122336.2. (a) A local jurisdiction shall issue an intact permit,
as defined in subdivision (b) of Section 122336, if all of the
following conditions are met:
(1) The cat or dog is registered as a purebred with a pedigree
with any of the following organizations:
(A) The American Kennel Club.
(B) The United Kennel Club.
(C) The American Dog Breeders Association.
(D) The International Cat Association.
(E) A recognized registry approved by the local animal control
agency.
(2) The dog is appropriately trained and meets the definition of
guide dog, service dog, or signal dog, as set forth in subdivisions
(d), (e), and (f) of Section 365.5 of the Penal Code.
(3) The dog is documented as having been appropriately trained and
actively used by law enforcement agencies for law enforcement and
rescue activities.
(4) The owner of a cat or dog provides a letter to the local
jurisdiction from a California licensed veterinarian stating that due
to age, poor health, or illness, it is unsafe to spay or neuter the
cat or dog. This letter shall include the veterinarian's license
number and shall be provided, upon request, to the local animal
control agency.
(b) An unaltered cat or dog for which an intact permit was issued
who ceases to meet the requirements of subdivision (a) is subject to
the spay and neuter requirements set forth in Section 122336.1.
(c) The amount of the fee for an intact permit shall be determined
by the local jurisdiction, and shall be no more than what is
reasonably necessary to fund the administration of that jurisdiction'
s intact permit program.
Article 4. Funding
122336.3. (a) To the extent that funding is available pursuant to
this chapter, a local animal control agency shall establish a free
and low-cost spay and neuter program for low-income individuals. The
agency shall undertake outreach efforts to inform qualified persons
about these programs.
(b) All fines collected pursuant to paragraph (3) of subdivision
(b) of Section 122336.1 shall be used for funding free and low-cost
spay and neuter programs and outreach efforts in the jurisdiction
where the violation occurred, and for the enforcement activities set
forth in Article 5 (commencing with Section 122336.4).
Article 5. Enforcement
122336.4. A local animal control agency shall be responsible for
enforcing and administering this chapter.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.