California Legislature—2013–14 Regular Session

Assembly BillNo. 2343


Introduced by Assembly Member Gatto

February 21, 2014


An act to amend Section 31108 of the Food and Agricultural Code, relating to stray dogs.

LEGISLATIVE COUNSEL’S DIGEST

AB 2343, as introduced, Gatto. Stray dogs: animal shelters: holding periods.

Existing law specifies that the required holding period for a stray dog that is impounded by a public pound or shelter shall be 6 business days, not including the day of impoundment, subject to specified exemptions. Existing law also requires that a public or private shelter make reasonable efforts to contact the owner of a stray dog and notify the owner that his or her dog is impounded and is available for redemption, during a specified holding period, as prescribed.

This bill would make nonsubstantive changes in those provisions governing the holding period for stray dogs that are impounded by a public pound or shelter.

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

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

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SECTION 1.  

Section 31108 of the Food and Agricultural Code
2 is amended to read:

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31108.  

(a) The required holding period for a stray dog
2impounded pursuant to this division shall be six business days,
3begin delete not includingend deletebegin insert excludingend insert the day of impoundment, except as follows:

4(1) If the public or private shelter has made the dog available
5for owner redemption on one weekday evening until at least 7 p.m.
6or one weekend day, the holding period shall be four business
7days,begin delete not includingend deletebegin insert excludingend insert the day of impoundment.

8(2) If the public or private shelter has fewer than three full-time
9employees or is not open during all regular weekday business
10hours, and if it has established a procedure to enable owners to
11reclaim their dogs by appointment at a mutually agreeable time
12when the public or private shelter would otherwise be closed, the
13holding period shall be four business days,begin delete not includingend deletebegin insert excludingend insert
14 the day of impoundment.

15Except as provided in Section 17006, stray dogs shall be held
16for owner redemption during the first three days of the holding
17period,begin delete not includingend deletebegin insert excludingend insert the day of impoundment, and shall
18be available for owner redemption or adoption for the remainder
19of the holding period.

20(b) Except as provided in Section 17006, any stray dog that is
21impounded pursuant to this division shall, prior to the euthanasia
22of that animal, be released to a nonprofit, as defined in Section
23501(c)(3) of the Internal Revenue Code, animal rescue or adoption
24organization if requested by the organization prior to the scheduled
25euthanasia of that animal. The public or private shelter may enter
26into cooperative agreements with any animal rescue or adoption
27organization. In addition to any required spay or neuter deposit,
28the public or private shelter, at its discretion, maybegin delete assessend deletebegin insert imposeend insert
29 a fee, not to exceed the standard adoption fee, for animals adopted
30or released.

31(c) During the holding period required by this section and prior
32to the adoption or euthanasia of a dog impounded pursuant to this
33division, a public or private shelter shall scan the dog for a
34microchip that identifies the owner of that dog and shall make
35reasonable efforts to contact the owner and notify him or her that
36his or her dog is impounded and is available for redemption.

P3    1(d) As used in this division, a “business day” includes any day
2that a public or private shelter is open to the public for at least four
3hours, excluding state holidays.



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