Amended in Assembly May 6, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 339

Introduced by Assembly Member Dickinson

February 13, 2013

An act to begin delete amend Section 597.4 of the Penal Code, relating to malicious mischief. end delete begin insert add Chapter 10 (commencing with Section 122370) to Part 6 of Division 105 of the Health and Safety Code, relating to the sale of animals. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 339, as amended, Dickinson. begin delete Malicious mischief: live animals. end delete begin insert Sale of animals at swap meets. end insert

begin insert

Existing law generally regulates the operation of swap meets, flea markets, and open-air markets where personal property is exchanged, sold, or offered for sale or exchange. Existing law also regulates food vendors operating at swap meets.

end insert begin insert

This bill would authorize, subject to exceptions and commencing January 1, 2016, a swap meet operator to permit a vendor to offer animals for sale at a swap meet provided the local jurisdiction has adopted certain standards for the care and treatment of those animals during the time that the animals are present at the swap meet and transported to and from the swap meet. These provisions would not apply to the sale of a particular species of animal if a local jurisdiction has adopted a local ordinance prior to January 1, 2013, that applies specifically to the sale of that particular species of animal at swap meets. The bill would provide that a swap meet vendor who offers animals for sale at a swap meet in violation of the requirements of this bill would be guilty of an infraction punishable by a fine not to exceed $250 for the first violation, or, if the animal suffers or is endangered, or for a 2nd or subsequent violation, a fine not to exceed $1,000. By creating new crimes, the bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

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.

end delete begin delete

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.

end delete begin delete

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.

end delete begin delete

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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 10 (commencing with Section 122370)
is added to Part 6 of Division 105 of the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

 

Chapter   begin insert 10. end insert Sale of Animals at Swap Meets

 

begin insert 122370. end insert   

A swap meet operator may permit a vendor to offer
animals for sale at a swap meet provided the local jurisdiction
has adopted standards for the care and treatment of those animals
during the time that the animals are present at the swap meet and
transported to and from the swap meet. This chapter does not
apply to the sale of a particular species of animal if a local
jurisdiction has adopted a local ordinance prior to January 1,
2013, that applies specifically to the sale of that particular species
of animal at swap meets.

begin insert 122371. end insert   

Any ordinance adopted pursuant to Section 122370
shall, at a minimum, require the swap meet vendor to do all of the
following:

(a) Maintain the facilities used for the keeping of animals in a
sanitary condition.

(b) Provide proper heating and ventilation for the facilities used
for the keeping of animals.

(c) Provide adequate nutrition for, and humane care and
treatment of, all animals that are under his or her care and control.

(d) Take reasonable care to release for sale, trade, or adoption
only those animals that are free of disease or injuries.

(e) Provide adequate space appropriate to the size, weight, and
species of animals.

(f) Have a documented program of routine care, preventative
care, emergency care, disease control and prevention, and
veterinary treatment and euthanasia that is established and
maintained by the vendor in consultation with a licensed
veterinarian employed by the vendor 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 swap meet premises by a California-licensed
veterinarian at least once a year.

(g) Provide buyers of an animal with general written
recommendations for the generally accepted care of the type of
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 vendor
and may include references to Internet Web sites, books, pamphlets,
videos, and compact discs.

(h) Present for inspection and display a current business license
issued by the local jurisdiction where the animals are principally
housed.

(i) Maintain records for identification purposes of the person
from whom the animals offered for sale were acquired, including
that person’s name, address, e-mail address, and telephone number
and the date the animals were acquired.

begin insert 122372. end insert   

(a) (1) A swap meet vendor who offers animals for
sale at a swap meet in a local jurisdiction that has not adopted an
ordinance authorizing that sale, is guilty of an infraction
punishable by a fine not to exceed two hundred fifty dollars ($250).

(2) A swap meet vendor who (A) violates paragraph (1) 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,
or (B) violates paragraph (1) for a second or subsequent time, is
guilty of an infraction 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 amount of the fine.

(b) 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.

begin insert 122373. end insert   

This chapter shall not apply to the following:

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

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

(c) 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 of 1921 (7 U.S.C. Sec. 181 et seq.).

(d) 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.

(e) Live animal markets regulated under Section 597.3 of the
Penal Code.

(f) 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.

(g) 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.

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

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

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

(3) 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.

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

(5) 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.

(i) A pet store as defined in subdivision (i) of Section 122350.

(j) Any reptile and aquatic trade show, provided all of the
following circumstances exist:

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

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

begin insert 122374. end insert   

This chapter shall become operative on January 1,
2016.

end insert

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert begin insert

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.

end insert

begin delete

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, or at a swap meet as defined in Section
21661 of the Business and Professions Code.

(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, or at a
swap meet as defined in Section 21661 of the Business and
Professions Code.

(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.

end delete