BILL NUMBER: SB 250 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 21, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Florez
FEBRUARY 24, 2009
An act to add Sections 30804.6 and 31751.4 to the Food and
Agricultural Code, relating to animals.
LEGISLATIVE COUNSEL'S DIGEST
SB 250, as amended, Florez. Dogs and cats: spaying and neutering.
Existing law generally prohibits public pounds and private
shelters from selling or giving away any dog or cat that has not been
spayed or neutered; provides, under certain circumstances, for the
sale or giving away of a dog or cat that has not been spayed or
neutered upon the payment of a refundable deposit, as specified;
provides for the imposition of fines or civil penalties against the
owner of a nonspayed or unneutered dog or cat that is impounded by a
public pound or private shelter; and immunizes cities and counties,
societies for the prevention of cruelty to animals, and humane
societies from an action by the owner of a dog or cat for spaying or
neutering the dog or cat in accordance with the law. A violation of
any of these provisions is an infraction, punishable as specified.
This bill would provide, in addition, that every dog owner shall
secure a license for the dog, as required by state or local law, and
that no person shall own, keep, or harbor , except as specified,
an unaltered and unspayed unsterilized
dog, except as specified as defined
. It would make it unlawful for any person who owns, keeps, or
harbors any unspayed or unaltered
unsterilized cat , as defined,
6 months of age or older to allow or permit that unspayed
or unaltered cat to remain outdoors
roam at large . It would require any owner or custodian, as
defined, of an unaltered unsterilized
dog to have the animal spayed or neutered
sterilized at 6 months of age or older ,
or provide a certificate of sterility , or
obtain an unaltered dog license . It would require an owner or
custodian of an unaltered unsterilized
cat to have the cat spayed or neutered
sterilized or provide a certificate of sterility. It would
allow an unaltered dog license to be denied, revoked, and reapplied
for, as specified, and the licensing agency to utilize its existing
procedures or to establish new procedures for any appeal
of a denial or revocation of an unaltered dog license.
This bill would require an owner or custodian who offers any
unaltered unsterilized dog or cat for
sale, trade, or adoption to meet specified requirements. It would
permit an administrative citation, infraction, or other
any authorized penalty for a violation of
certain provisions relating to dogs to be imposed only if
the owner or custodian is concurrently cited for another
violation of one or more of other specified provisions
under state or local law, as specified . It
would require, if an unaltered dog or cat is impounded pursuant to
state or local law, the owner or custodian to meet specified
requirements, including paying the costs of impoundment. It would
require all costs, fines, and fees collected under the bill to be
paid to the licensing agency for the purpose of defraying the cost of
the implementation and enforcement of the bill. By creating new
crimes and imposing new duties on local animal control agencies, this
bill would impose a state-mandated local program upon local
governments.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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. Section 30804.6 is added to the Food and Agricultural
Code, to read:
30804.6. (a) (1) Every dog owner shall secure a license for the
dog pursuant to Section 121690 of the Health and Safety Code or as
required by the local licensing agency.
(2) No person shall own, keep, or harbor an unaltered and
unspayed unsterilized dog in violation of this
section.
(3) An owner or custodian of an unaltered
unsterilized dog shall have the dog spayed or neutered
at six months of age or older sterilized by the age
of six months , provide a certificate of sterility, or obtain
an unaltered dog license in accordance with this section.
(4) This subdivision shall not apply to a dog with a high
likelihood, due to age or infirmity, of suffering serious bodily harm
or death if spayed or neutered surgically
sterilized . The owner or custodian shall obtain written
confirmation of this fact from a veterinarian licensed in this state.
If the dog is able to be spayed or neutered
sterilized at a later date, that date shall be stated in the
written confirmation. If the date for spaying or neutering
sterilization in the written confirmation is
more than 30 days after the date that the owner or custodian
receives that con firmation , the owner or custodian
shall apply for an unaltered dog license.
(b) An unaltered dog license may be denied or revoked for one or
more of the following reasons:
(1) The owner, custodian, applicant or licensee is not in
compliance with all of the requirements of this section.
(2) The licensing agency has issued one citation verified by the
agency pursuant to existing policies and procedures that the owner,
custodian, applicant, or licensee has allowed a dog to be stray or
run at large or has otherwise been found to be neglectful of his or
her or other animals.
(3)
(2) The owner, custodian, applicant, or
licensee has been previously cited for violating
violated a state law, or a city, county, or other local
governmental provision relating to the care and control of animals.
(4) The unaltered dog has been adjudicated by a court or an agency
of appropriate jurisdiction to be potentially dangerous, dangerous,
or vicious, or to be a nuisance within the meaning of the state or
local law.
(5)
(3) Any unaltered dog license held by the
applicant has been revoked for violating a state law, or a city,
county, or other local government provision relating to the care or
control of animals .
(6)
(4) The license application is discovered to
contain a material misrepresentation or omission of fact.
(c) The licensing agency shall utilize its existing procedures
or may establish procedures for any appeal of a denial or
revocation of an unaltered dog license, which appeal procedure may
include written notice of the denial or revocation and a reasonable
opportunity for the owner or custodian to respond.
(d) An owner or custodian who offers any unaltered
unsterilized dog for sale, trade, or adoption at
four months of age or older or the age required by the licensing
agency shall be required to include a valid unaltered dog license
number with the offer of sale, trade, or adoption, or shall otherwise
state and establish compliance with this section. The unaltered dog'
s license number, and any existing microchip number for the dog,
shall appear on the document transferring ownership of the dog to the
new owner.
(e) (1) An administrative citation, infraction, or other
Any authorized penalty may be imposed upon an
owner or custodian of an unlicensed, unaltered dog for a
violation of this section only if the owner or custodian is
concurrently cited for another violation under state or
local law pertaining to the obligations of a person owning or
possessing a dog, for one or more of the
following:
(A) Permitting the subject dog to roam at large.
(B) Failure to provide adequate care for the subject dog in
violation of animal cruelty provisions.
(C) Rabies quarantine violations for the subject dog.
(D) Fighting dog activity in violation of Section 597.5 of the
Penal Code.
(E) Failure to comply with the local jurisdiction's requirements
for the keeping of a dog that has been adjudicated by a court or an
agency of appropriate jurisdiction to be potentially dangerous,
dangerous, or vicious.
(F) Failure to possess an unaltered dog license.
(2) Any owner or custodian of an unaltered dog who is found to be
subject to a penalty under paragraph (1) shall be required to
spay or neuter surgically sterilize the
unaltered animal in accordance with this section. The licensing
agency shall utilize its existing procedures for any appeal of this
requirement.
(3) Any owner or custodian of an unaltered dog who is lawfully
using that dog for the pursuit or take of mammals pursuant to Section
265 of Title 14 of the California Code of Regulations and has
lawfully purchased a hunting license as provided in Section 3031 of
the Fish and Game Code is not in violation of subparagraph (A) of
paragraph (1).
(3)
(4) At the time a citation is issued
pursuant to paragraph (1) or (2), the licensing agency may provide
the owner or custodian information as to the availability of
spaying and neutering sterilization services
for free or at a reduced cost.
(f) If an unlicensed unaltered dog is impounded pursuant to state
or local law, in addition to satisfying applicable requirements for
the release of the animal, including, but not limited to, payment of
impound fees pursuant to this section, the owner or custodian shall
also do one of the following:
(1) Provide written proof of the dog's prior sterilization, if
conditions cannot or do not make this assessment obvious to the
licensing agency personnel.
(2) Have the dog spayed or neutered
surgically sterilized by a veterinarian associated with the
licensing agency at the expense of the owner or custodian. That
expense may include additional fees due to any extraordinary care
required.
(3) Arrange to have the dog spayed or neutered
surgically sterilized by another veterinarian licensed in
this state.
(4) At the discretion of the licensing agency, the dog may be
released to the owner or custodian if he or she pays a refundable
deposit consistent with existing practices and procedures, or signs a
statement under penalty of perjury representing that the dog will be
spayed or neutered surgically sterilized
and that he or she will submit a statement by the deadline set
by the licensing agency, but in no case less than 10 days after the
release, signed by the veterinarian, confirming that the dog has been
spayed or neutered surgically sterilized
or is incapable of breeding, or confirming that the
veterinarian has scheduled the spaying or neutering
operation within a reasonable time.
(5) Demonstrate that he or she is in compliance with this section.
(g) (1) The owner or
custodian of the unaltered dog shall be responsible for the
established costs of impoundment, which shall include daily board
costs, vaccination, medication, and any other diagnostic or
therapeutic applications as required by this section. The owner
or custodian shall comply with any additional impoundment procedures.
(2) The costs of impoundment shall be a lien on the dog, and the
unaltered animal shall not be returned to its owner or custodian
until the costs are paid or payment arrangements have been made.
(3) If the owner or custodian of an impounded unaltered animal
does not pay the lien against it in full or make payment arrangements
within a reasonable time consistent with the licensing agency's
existing holding policies, the animal shall be deemed abandoned to
the licensing agency in accordance with this section.
(h) All costs and fines collected under this section and the fees
collected under subdivision (g) shall be paid to the licensing agency
for the purpose of defraying the cost of the implementation and
enforcement of this section.
(i) Nothing in this section shall prohibit a local jurisdiction
from enforcing or enacting local measures that require the spaying or
neutering of all dogs, and this section shall not prohibit a local
jurisdiction from enacting or enforcing other local measures
pertaining to the obligations of a person owning or possessing a dog.
(j) For the purposes of this section, the following terms have the
following meanings:
(1) "Licensing agency" means the municipal city or county animal
control agency or other entity responsible for enforcing laws
relating to animals.
(2) "Custodian" means any person who undertakes the personal care
and control of a dog, or any person who intentionally provides care,
security, or sustenance for a dog on the person's property for any
period exceeding 30 days. "Custodian" does not include a licensing
agency.
(3) "Sterilize" means to permanently eliminate the ability of a
dog to reproduce by removing the sex organs or prohibiting their
functions.
SEC. 2. Section 31751.4 is added to the Food and Agricultural
Code, to read:
31751.4. (a) (1) It is unlawful for any person who owns, keeps,
or harbors any unspayed or unaltered
unsterilized cat six months of age or older to allow or permit
that unspayed or unaltered unsterilized
cat to remain outdoors roam at large .
(2) An owner or custodian of an unaltered
unsterilized cat shall have the animal spayed or
neutered sterilized , or provide a certificate
of sterility.
(3) This subdivision shall not apply to a cat with a high
likelihood, due to age or infirmity, of suffering serious bodily harm
or death if spayed or neutered sterilized
. The owner or custodian shall obtain written confirmation of
this fact from a veterinarian licensed in this state. If the cat is
able to be spayed or neutered sterilized
at a later date, that date shall be stated in the written
confirmation.
(b) An owner or custodian who offers any unaltered
unsterilized cat for sale, trade, or adoption
shall notify the licensing agency, if the jurisdiction requires the
licensing of cats, of the name and address of the transferee within
10 days after the transfer. Any existing microchip number for the cat
shall appear on a document transferring ownership of the cat to the
new owner.
(c) (1) An administrative citation, infraction, or other
authorized penalty may be imposed upon an owner or custodian of an
unaltered cat for a violation of this section only if the owner or
custodian is concurrently cited for another violation under state or
local law pertaining to the obligations of a person owning or
possessing a cat, for either or both of the following:
(A) Permitting the subject cat to roam at large.
(B) Failure to provide adequate care for the subject cat in
violation of animal cruelty provisions. (2)
Any owner or custodian of an
unaltered cat who is found to be subject to a penalty under paragraph
(1) shall be required to spay or neuter the unaltered animal in
accordance with this section. The licensing agency shall utilize its
existing procedures for any appeal of this requirement.
(3) At the time at which a citation is issued pursuant to
paragraph (1) or (2), the licensing agency may provide to the owner
or custodian information as to the availability of spaying and
neutering services for free or at a reduced cost.
(d)
(c) If an unlicensed,
unaltered cat is impounded pursuant to state or local law, in
addition to satisfying applicable requirements for the release of the
animal, including, but not limited to, payment of impound fees
pursuant to this section, the owner or custodian shall also do one of
the following:
(1) Provide written proof of the cat's prior sterilization, if
conditions cannot or do not make this assessment obvious to the
licensing agency personnel.
(2) Have the cat spayed or neutered
surgically sterilized by a veterinarian associated with the
licensing agency at the expense of the owner or custodian. That
expense may include additional fees due to any extraordinary care
required.
(3) Arrange to have the cat spayed or neutered
surgically sterilized by another veterinarian licensed in
this state.
(4)
(4) At the discretion of the licensing
agency, the cat may be released to the owner or custodian if he or
she pays a refundable deposit consistent with existing practices and
procedures, or signs a statement under penalty of perjury
representing that the cat will be spayed or neutered
surgically sterilized and that he or she will
submit a statement by the deadline set by the licensing agency, but
in no case less than 10 days after the release, signed by the
veterinarian, confirming that the cat has been spayed or
neutered surgically sterilized or is incapable
of breeding, or confirming that the veterinarian has scheduled the
spaying or neutering operation within a reasonable
time.
(5) Demonstrate that he or she is in compliance with this section.
(e) (1)
(d) The owner or custodian of the unaltered
cat shall be responsible for the established costs of impoundment,
which shall include daily board costs, vaccination, medication, and
any other diagnostic or therapeutic applications as required by this
section. The owner or custodian shall comply with any additional
impoundment procedures.
(2) The costs of impoundment shall be a lien on the cat, and the
unaltered animal shall not be returned to its owner or custodian
until the costs are paid or payment arrangements have been made.
(3) If the owner or custodian of an impounded unaltered animal
does not pay the lien against it in full or make payment arrangements
within a reasonable time consistent with the licensing agency's
existing holding policies, the animal shall be deemed abandoned to
the licensing agency in accordance with this section.
(f)
(e) All costs and fines collected under this
section and the fees collected under subdivision (e) shall be paid
to the licensing agency for the purpose of defraying the cost of the
implementation and enforcement of this section.
(g)
(f) Nothing in this section shall prohibit a
local jurisdiction from enforcing or enacting local measures that
require the spaying or neutering of all cats, and this section shall
not prohibit a local jurisdiction from enacting or enforcing other
local measures pertaining to the obligations of a person owning or
possessing a cat.
(h)
(g) For the purposes of this section, the
following terms have the following meanings:
(1) "Custodian" means any person who undertakes the personal care
and control of a cat, or any person who intentionally provides care,
security, or sustenance for a cat on the person's property for any
period exceeding 30 days. "Custodian" does not include a licensing
agency.
(2) "Licensing agency" means the municipal city or county animal
control agency or other entity responsible for enforcing laws
relating to animals.
(3) "Sterilize" means to permanently eliminate the ability of a
cat to reproduce by removing the sex organs or prohibiting their
functions.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other 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.