California Legislature—2013–14 Regular Session

Assembly Bill No. 339

Introduced by Assembly Member Dickinson

February 13, 2013

An act to amend Section 597.4 of the Penal Code, relating to malicious mischief.

LEGISLATIVE COUNSEL’S DIGEST

AB 339, as introduced, Dickinson. Malicious mischief: live animals.

Existing law makes it a crime to willfully sell or give away as part of a commercial transaction a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk. Existing law also makes it a crime to willfully display or offer for sale, or display or offer to give away as part of a commercial transaction, a live animal, if the act of selling or giving away the live animal is to occur on any street, highway, public right-of-way, parking lot, carnival, or boardwalk. A person who violates these provisions for the first time is generally guilty of an infraction punishable by a fine not to exceed $250. A person who violates these provisions a 2nd or subsequent time, or who violates these provisions the first time and by that violation causes or permits an animal to suffer or be injured or to be placed in a situation in which the animal’s life or health may be endangered, is guilty of a misdemeanor punishable by a fine not to exceed $1,000 per violation.

Existing law regulates vendors and operators of certain swap meets. A swap meet is defined for purposes of these provisions to include a flea market or open-air market and to mean an event at which 2 or more persons offer merchandise for sale or exchange and (1) imposes a fee for the privilege of offering or displaying merchandise for sale or exchange, (2) charges a fee to prospective buyers for parking or admission, or (3) is an event that is held more than 6 times in a 12-month period. A violation of these provisions is a misdemeanor, except as specified.

This bill would make it a crime to willfully sell or give away as part of a commercial transaction a live animal, at a swap meet or to willfully display or offer for sale, or display or offer to give away as part of a commercial transaction, a live animal, if the act of selling or giving away the live animal is to occur at a swap meet. By creating new crimes, the bill would impose 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.  

Section 597.4 of the Penal Code is amended to
read:

597.4.  

(a) It shall be unlawful for any person to willfully do
either of the following:

(1) Sell or give away as part of a commercial transaction a live
animal on any street, highway, public right-of-way, parking lot,
carnival, or boardwalk begin insert , or at a swap meet as defined in Section
21661 of the Business and Professions Code end insert .

(2) Display or offer for sale, or display or offer to give away as
part of a commercial transaction, a live animal, if the act of selling
or giving away the live animal is to occur on any street, highway,
public right-of-way, parking lot, carnival, or boardwalk begin insert , or at a
swap meet as defined in Section 2166 end insert begin insert 1 of the Business and
Professions Code end insert .

(b) (1) A person who violates this section for the first time shall
be guilty of an infraction punishable by a fine not to exceed two
hundred fifty dollars ($250).

(2) A person who violates this section for the first time and by
that violation either causes or permits any animal to suffer or be
injured, or causes or permits any animal to be placed in a situation
in which its life or health may be endangered, shall be guilty of a
misdemeanor.

(3) A person who violates this section for a second or subsequent
time shall be guilty of a misdemeanor.

(c) A person who is guilty of a misdemeanor violation of this
section shall be punishable by a fine not to exceed one thousand
dollars ($1,000) per violation. The court shall weigh the gravity
of the violation in setting the fine.

(d) A notice describing the charge and the penalty for a violation
of this section may be issued by any peace officer, animal control
officer, as defined in Section 830.9, or humane officer qualified
pursuant to Section 14502 or 14503 of the Corporations Code.

(e) This section shall not apply to the following:

(1) Events held by 4-H Clubs, Junior Farmers Clubs, or Future
Farmers Clubs.

(2) The California Exposition and State Fair, district agricultural
association fairs, or county fairs.

(3) Stockyards with respect to which the Secretary of the United
States Department of Agriculture has posted notice that the
stockyards are regulated by the federal Packers and Stockyards
Act, 1921 (7 U.S.C. Sec. 181 et seq.).

(4) The sale of cattle on consignment at any public cattle sales
market, the sale of sheep on consignment at any public sheep sales
market, the sale of swine on consignment at any public swine sales
market, the sale of goats on consignment at any public goat sales
market, and the sale of equines on consignment at any public
equine sales market.

(5) Live animal markets regulated under Section 597.3.

(6) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter,
or rescue group regulated under Division 14 (commencing with
Section 30501) of the Food and Agricultural Code. For purposes
of this section, “rescue group” is a not-for-profit entity whose
primary purpose is the placement of dogs, cats, or other animals
that have been removed from a public animal control agency or
shelter, society for the prevention of cruelty to animals shelter, or
humane society shelter, or that have been surrendered or
relinquished to the entity by the previous owner.

(7) The sale of fish or shellfish, live or dead, from a fishing
vessel or registered aquaculture facility, at a pier or wharf, or at a
farmer’s market by any licensed commercial fisherman or an owner
or employee of a registered aquaculture facility to the public for
human consumption.

(8) A cat show, dog show, or bird show, provided that all of the
following circumstances exist:

(A) The show is validly permitted by the city or county in which
the show is held.

(B) The show’s sponsor or permittee ensures compliance with
all federal, state, and local animal welfare and animal control laws.

(C) The participant has written documentation of the payment
of a fee for the entry of his or her cat, dog, or bird in the show.

(D) The sale of a cat, dog, or bird occurs only on the premises
and within the confines of the show.

(E) The show is a competitive event where the cats, dogs, or
birds are exhibited and judged by an established standard or set of
ideals established for each breed or species.

(9) A pet store as defined in subdivision (i) of Section 122350
of the Health and Safety Code.

(f) Nothing in this section shall be construed to in any way limit
or affect the application or enforcement of any other law that
protects animals or the rights of consumers, 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 of the Health and Safety Code, or Sections
597 and 597l of this code.

(g) Nothing in this section limits or authorizes any act or
omission that violates Section 597 or 597l, or any other local, state,
or federal law. The procedures set forth in this section shall not
apply to any civil violation of any other local, state, or federal law
that protects animals or the rights of consumers, or to a violation
of Section 597 or 597l, which is cited or prosecuted pursuant to
one or both of those sections, or to a violation of any other local,
state, or federal law that is cited or prosecuted pursuant to that law.

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.