BILL NUMBER: SB 250 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2010
AMENDED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 21, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Florez
( Principal coauthor: Assembly Member
Blumenfield )
(Coauthors: Assembly Members Nava and Solorio)
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
unsterilized dog, as defined. It would make it unlawful for any
person who owns, keeps, or harbors any unsterilized cat, as defined,
6 months of age or older to allow or permit that cat to roam at
large. It would require any owner or custodian, as defined, of an
unsterilized dog to have the animal sterilized at 6 months of age,
obtain a certificate of sterility, or, if provided by local
ordinance, obtain an unaltered dog license, which license shall be
defined and issued as specified. The requirement to sterilize
the dog may be appealed, as specified. It would require an
owner or custodian of an unsterilized cat who permits that cat to
roam at large to have the cat sterilized or obtain 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
, as specified . The bill would authorize the licensing agency
to assess a fee for the procedures related to the issuance, denial,
or revocation of an unaltered dog license.
This bill would require an owner or custodian who offers any
unsterilized dog or cat for sale, trade, or adoption to meet
specified requirements. It would permit any authorized penalty for a
violation of certain provisions relating to dogs to be imposed only
if the owner or custodian has concurrently violated one or more of
other specified provisions. It would permit the licensing agency to
impose any existing fine or penalty against the owner or custodian of
an unaltered dog or cat if the owner or custodian fails to provide
required sterilization information about the unaltered dog or
cat or against an owner or custodian who surrenders an
unaltered dog or cat if the owner or custodian fails to otherwise
comply with applicable provisions. The bill would permit the
licensing agency to also impose a penalty of up to $100
per day against the owner or custodian of an unaltered cat who fails
to provide required sterilization information. 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, which may include specified costs,
unless the fees are waived, as specified. 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. The bill would not be applicable to any
owner or breeder of a dog used in the business of shepherding,
herding, or guarding livestock, or cultivating agricultural products,
to any owner or breeder of a dog used for hunting or for the
purposes of field trials, or to any owner or trainer of a guide dog,
signal dog, service dog, peace officer's dog, or firefighter's dog,
as defined, provided the dog is licensed, as specified, and the owner
or breeder has purchased any required hunting license. The bill
would provide that its provisions shall not be construed to prevent
any local governing body from adopting more stringent requirements.
By creating new crimes, 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 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. 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 30801, 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 unsterilized dog in
violation of this section.
(3) An owner or custodian of an unsterilized dog shall have the
dog sterilized by the age of six months, obtain a certificate of
sterility, or, as provided for by ordinance of the responsible city,
county, or city and county, obtain an unaltered dog license in
accordance with this section. The responsible city, county, or city
and county shall issue the unaltered dog license consistent with
Section 30804.5.
(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 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 sterilized at a later date,
that date shall be stated in the written confirmation. If the date
for sterilization in the written confirmation is more than 30 days
after the date that the owner or custodian receives that
confirmation, the owner or custodian shall apply for an unaltered dog
license pursuant to any applicable city, city and county, or county
ordinance.
(b) The licensing agency shall utilize its existing procedures or
may establish procedures for the denial or revocation of an unaltered
dog license and may deny or revoke a license 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 owner, custodian, applicant, or licensee has violated a
state law, or a city, county, or other local governmental provision
relating to the care and control of animals.
(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.
(4) The license application is discovered to contain a material
misrepresentation or omission of fact.
(5) In any case in which the owner or custodian of a dog with an
unaltered dog license is cited for permitting the dog to roam at
large, the license of the dog shall not be subject to revocation for
a first violation, if at the time the dog roams at large the dog
possesses a current license pursuant to Section 30801, Section 121690
of the Health and Safety Code, or as required by the local licensing
agency.
(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. of
an unaltered dog license. The appeal procedures shall be consistent
with those provided in Sections 31622 to 31624, inclusive.
(d) The licensing agency may assess a fee for the procedures
related to the issuance, denial, or revocation of an unaltered dog
license consistent with this chapter.
(e) An owner or custodian who offers any unsterilized dog for
sale, trade, or adoption shall notify the licensing agency of the
name and address of the transferee within 10 days after the transfer.
Any existing unaltered dog's license number and microchip number for
the dog shall appear on the document transferring ownership of the
dog to the new owner.
(f) (1) 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 has concurrently violated 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
surgically sterilize the unaltered animal in accordance with this
section and shall provide the licensing agency written verification
from a licensed veterinarian that the subject dog has been
sterilized. The licensing agency may utilize procedures as they exist
on the effective date of this section for any appeal of this
requirement. sterilized. The owner or custodian may
appeal the penalty pursuant to procedures established by the city or
county, as applicable, or, if the local government has not provided
for an administrative hearing procedure, the superior court of the
jurisdiction where the violation is alleged to have been committed.
The appeal procedures shall be consistent with those provided in
Sections 31622 to 31624, inclusive.
(3) 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 sterilization services for free
or at a reduced cost. The licensing agency may waive the fines
or fees associated with the penalties under paragraph (1) if the
owner or custodian qualifies to be placed on a waiting
list for free or low-cost sterilization services.
(g) 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 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) Have the dog 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
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 surgically sterilized or is incapable of breeding.
(5) The licensing agency may, at its discretion, waive any
impoundment fee, cost, or fine, if upon the first impoundment the
owner or custodian of the unlicensed unaltered dog does both of the
following:
(A) Secures a license for the subject dog pursuant to Section
30801, Section 121690 of the Health and Safety Code, or as required
by the local licensing agency.
(B) Sterilizes the subject dog in accordance with this section.
(h) The licensing agency may impose any existing fine or penalty,
consistent with this chapter, against the owner or custodian of the
subject dog for failure to provide any required sterilization
information, including any denial of an unaltered license. The
licensing agency may utilize procedures as they exist on the
effective date of this section that are consistent with Sections
31622 to 31624, inclusive, for any appeal of this requirement.
(i) The owner or custodian of the unaltered dog shall be
responsible for the established costs of impoundment, which may
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. Any fee that may be imposed pursuant to subdivision (h)
shall be applicable to an owner or custodian who surrenders a dog
that is subject to this section, if the owner or custodian fails to
otherwise comply with applicable provisions of this section.
(j) All costs and fines collected under this section and the fees
collected under subdivision (i) shall be paid to the licensing agency
for the purpose of defraying the cost of the implementation and
enforcement of this section.
(k) This section shall not be construed to prevent any local
governing body from adopting requirements that are more stringent
than those set forth in this section.
(l) Nothing in this section shall apply to any of the following,
provided the subject dog is licensed pursuant to Section 30801,
Section 121690 of the Health and Safety Code, or as required by the
local licensing agency:
(1) Any owner or breeder of a dog used in the business of
shepherding, herding, or guarding livestock.
(2) Any owner or breeder of a dog used in the business of
cultivating agricultural products.
(3) Any owner or breeder of a dog used for hunting or for purposes
of field trials, provided the owner or breeder has lawfully
purchased a hunting license as provided in Section 3031 of the Fish
and Game Code.
(4) Any owner or trainer of a guide dog, signal dog, or service
dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 of
the Penal Code or Section 54.1 of the Civil Code.
(5) Any owner or trainer of a peace officer's or firefighter's
dog, as defined in Section 54.25 of the Civil Code.
(m) 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 preventing them from
functioning.
(4) "Unaltered dog license" means a dog license that must be
issued at full cost by the licensing agency pursuant to Section 30801
unless a certificate is presented from a licensed veterinarian that
establishes that the dog has been sterilized.
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 unsterilized cat six months of age or older to allow
or permit that unsterilized cat to roam at large.
(2) An owner or custodian of an unsterilized cat who permits that
cat to roam at large shall have the animal sterilized, or obtain 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 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 sterilized at a later date, that date shall
be stated in the written confirmation.
(b) An owner or custodian who offers any 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 or license number for the cat shall appear on a document
transferring ownership of the cat to the new owner.
(c) If an 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 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) Have the cat surgically sterilized by another veterinarian
licensed in this state.
(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
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 surgically sterilized or is incapable of breeding.
(d) If an owner or custodian is required to have the cat
surgically sterilized pursuant to subdivision (c), the owner or
custodian shall provide the licensing agency written verification
from a licensed veterinarian that the subject cat has been
sterilized. The licensing agency may impose a penalty pursuant to
Section 30804.7 not to exceed one hundred dollars ($100) per day, in
addition to any other existing penalty which may be imposed
consistent with this chapter, against the owner or custodian if the
owner or custodian fails to provide the required sterilization
information. The licensing agency may utilize procedures as they
exist on the effective date of this section that are consistent
with Sections 31622 to 31624, inclusive, for any appeal of this
requirement.
(e) The owner or custodian of the unaltered cat shall be
responsible for the established costs of impoundment, which may
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. Any fee that may be imposed pursuant to this section
shall be applicable to an owner or custodian who surrenders a cat
that is subject to this section if the owner or custodian fails to
otherwise comply with applicable provisions of this section.
(f) 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) This section shall not be construed to prevent any local
governing body from adopting requirements that are more stringent
than those set forth in this section.
(h) 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 preventing them from
functioning.
SEC. 3. 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.