Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2343


Introduced by Assembly Member Gatto

February 21, 2014


An act to amendbegin delete Section 31108 of the Food and Agricultural Code,end deletebegin insert Sections 31108, 31751.3, 31752, and 31754 of the Food and Agricultural Code, and to add Section 17581.8 to the Government Code,end insert relating to straybegin delete dogsend deletebegin insert animalsend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 2343, as amended, Gatto. begin deleteStray dogs: animal shelters: holding periods. end deletebegin insertStray animals: pounds and shelters: adoption of dogs and cats.end insert

begin insert

(1) Existing law specifies that no stray dog or cat impounded by a public or private shelter shall be euthanized before 6 business days after the stray dog or cat is impounded, not including the day of impoundment, and requires that the stray dog or cat be released to a nonprofit animal rescue or adoption organization prior to the scheduled euthanasia of the stray dog or cat in certain circumstances, subject to specified exceptions. Existing law requires that a public or private shelter make reasonable efforts to contact the owner of a stray dog or cat that is impounded and notify him or her that his or her dog or cat is impounded and is available for redemption. Existing law requires that a stray dog or cat be held for owner redemption during the first 3 days of the holding period, not including the day of impoundment, and be available for owner redemption or adoption for the remainder of the holding period.

end insert
begin insert

This bill would, instead, for any local governmental entity that receives specified block grant funding, prohibit a stray dog or cat from being euthanized or otherwise disposed of until after that required holding period, except as provided. The bill would require that any stray dog impounded or stray cat admitted to a shelter pursuant to those provisions be made available for owner redemption, adoption, or release to an animal rescue or adoption organization, as defined, during the required holding period, except as provided. The bill would require that any stray dog or cat with identification, as defined, be held exclusively for owner redemption during the entire holding period, and any stray dog without identification be held exclusively during the first 72 hours of the holding period and then may be made available for adoption or release to an animal rescue or adoption organization, and would authorize a public or private shelter to make available for adoption or release to an animal rescue or adoption organization, any stray cat without identification that is admitted to a public private or shelter at any time. The bill would authorize a public or private shelter to make available for adoption or release to an animal rescue or adoption organization, each member of a litter of puppies without identification, consisting of 3 or more stray dogs under 4 months of age that originated from the same location.

end insert
begin insert

This bill would also specify that, for any local governmental entity that receives specified block funding, any animal that is of a species admitted by public or private shelters may be made immediately available for adoption or release to an animal rescue or adoption organization, but, if the animal is not so adopted or released, would prohibit the animal from being euthanized or otherwise disposed of until after expiration of the holding periods applicable to stray dogs and cats.

end insert
begin insert

By imposing new duties on local officials with regard to the operation of public pounds and animal shelters, the bill would impose a state-mandated local program.

end insert
begin insert

(2) Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions.

end insert
begin insert

Existing law provides that no local agency shall be required to implement or give effect to any statute or executive order, or portion thereof, that imposes a mandate during any fiscal year and for the period immediately following that fiscal year if specified conditions are met, including that the statute or executive order, or portion thereof, has been specifically identified by the Legislature in the Budget Act for the fiscal year as being one for which reimbursement is not provided for that fiscal year.

end insert
begin insert

This bill would provide that funding apportioned pursuant to a specified provision of the bill for use for prescribed purposes relating to providing care for impounded animals in shelters shall constitute constitutionally required reimbursement for the performance of any state mandates included in the statutes and executive orders identified in that provision. The bill would authorize a city, county, city and county, or joint powers authority to elect to receive specified state block grant funding provided under the annual Budget Act, if the city, county, city and county, or joint powers authority complies with specified procedures for securing funds, and uses any funds received for those purposes relating to the provision of care for impounded animals in shelters. The bill would require a city, county, city and county or joint powers authority that elects not to apply for that block grant funding to hold a public hearing, during which it shall be required to make a finding regarding its decision not to apply for that funding, thereby imposing a state-mandated local program by mandating new duties on local governmental entities.

end insert
begin insert

(3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert
begin delete

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.

end delete
begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The Legislature finds and declares all of the
2following:

end insert
begin insert

3(1) California has long sought to protect the welfare and
4interests of homeless animals.

end insert
begin insert

5(2) With the passage of the “Hayden Law” (Ch. 752, Stats.
61998), California codified longer holding periods for homeless
7animals in shelters and, among other things, required shelters to
8provide necessary veterinary care, to post lost and found lists, and
9to release animals scheduled to be euthanized to animal adoption
10and rescue organizations.

end insert
begin insert

11(3) The Commission on State Mandates ruled in 2001 that some
12policies of the Hayden Law are reimbursable mandates, which led
13to multiyear suspensions of funding for animal shelters during the
14state’s budget crisis.

end insert
begin insert

15(4) The vulnerability of these policies governing the treatment
16of homeless animals in shelters prompted the formation of a
17statewide stakeholders group that evaluated outcomes, developed
18best practices, and proposed solutions to help meet the state’s
19policy goal that no adoptable or treatable animal should be
20euthanized if it can be adopted into a suitable home, while
21addressing the state mandate funding issues.

end insert
begin insert

22(b) It is the intent of the Legislature that $10 million should be
23appropriated in the 2015-16 Budget Act to fund the state block
24grant program established pursuant to Section 17581.8 of the
25Government Code.

end insert
begin insert

26(c) It is further the intent of the Legislature that funds from the
27block grant program established pursuant to Section 17581.8 of
28the Government Code should be administered by the State
29Department of Public Health, with a portion of those funds used
30for the care of stray animals in shelters.

end insert
31begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 31108 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
32amended to read:end insert

33

31108.  

(a) begin deleteThe required holding period for a end deletebegin insertExcept as
34provided in Section 17006, for any local governmental entity that
35receives block grant funding under Section 17581.8 of the
36Government Code, no end insert
stray dog impounded pursuant to this
37division shallbegin insert be euthanized or otherwise disposed of until after
38the expiration of the required holding period, which shallend insert
be six
P5    1business days, not including the day of impoundment, except as
2follows:

3(1) If the public or private shelter has made the dog available
4for owner redemption on one weekday evening until at least 7 p.m.
5or one weekend day, the holding period shall be four business
6days, not including the day of impoundment.

7(2) If the public or private shelter has fewer than three full-time
8employees or is not open during all regular weekday business
9hours, and if it has established a procedure to enable owners to
10reclaim their dogs by appointment at a mutually agreeable time
11when the public or private shelter would otherwise be closed, the
12holding period shall be four business days, not including the day
13of impoundment.

begin delete

14Except as provided in Section 17006, stray dogs shall be held
15for owner redemption during the first three days of the holding
16period, not including the day of impoundment, and shall be
17available for owner redemption or adoption for the remainder of
18the holding period.

end delete
begin insert

19(b) (1) In addition to the prohibition against euthanasia set
20forth in subdivision (a), a stray dog impounded pursuant to this
21division shall be made available for owner redemption, adoption,
22or release to an animal rescue or adoption organization during
23the required holding period, as follows:

end insert
begin insert

24(A) A stray dog with identification shall be held exclusively for
25owner redemption during the entire holding period.

end insert
begin insert

26(B) A stray dog without identification shall be held exclusively
27for owner redemption during the first 72 hours of the holding
28period, and then may be made available for adoption or release
29to an animal rescue or adoption organization.

end insert
begin insert

30(C) Each member of a litter of puppies without identification,
31consisting of three or more stray dogs under four months of age
32that originated from the same location, may be made available for
33adoption or release to an animal rescue or adoption organization
34at any time.

end insert
begin insert

35(2) Nothing in this section is intended to prevent an owner from
36reclaiming his or her dog during or after any required holding
37period, pursuant to applicable law, if the public or private shelter
38still has physical possession of the dog.

end insert
begin delete

39(b)

end delete

P6    1begin insert(c)end insert Except as provided in Section 17006,begin delete anyend deletebegin insert aend insert stray dog that
2is impounded pursuant to this division shall,begin delete prior toend deletebegin insert beforeend insert the
3euthanasia of that animal, be released to a nonprofit, as defined in
4Section 501(c)(3) of the Internal Revenue Code, animal rescue or
5adoption organization if requested by the organizationbegin delete prior toend delete
6begin insert beforeend insert the scheduled euthanasia of that animal. The public or
7private shelter may enter into cooperative agreements with any
8animal rescue or adoption organization. In addition to any required
9spay or neuter deposit, the public or private shelter, at its discretion,
10may assess a fee, not to exceed the standard adoption fee, for
11animals adopted or released.

begin delete

12(c)

end delete

13begin insert(d)end insert During the holding period required by this section andbegin delete prior
14toend delete
begin insert beforeend insert the adoptionbegin insert, release to an animal rescue or adoption
15organization,end insert
or euthanasia of a dog impounded pursuant to this
16division, a public or private shelter shall scan the dog for a
17microchip that identifies the owner of that dog and shall make
18reasonable efforts to contact the owner and notify him or her that
19his or her dog is impounded and is available for redemption.

begin delete

20(d)

end delete

21begin insert(e)end insert As used in this division, a “business day” includes any day
22that a public or private shelter is open to the public for at least four
23hours, excluding state holidays.

begin insert

24(f) As used in this section, “identification” means a microchip,
25a readily visible license tag, as prescribed by Section 30951, a
26rabies vaccination tag, or other tag, tattoo, marking, or accessory
27that displays the identity or contact information of the owner or
28caretaker of the dog.

end insert
begin insert

29(g) As used in this section, an “animal rescue or adoption
30organization” is a for-profit or nonprofit, as described in Section
31501(c)(3) of the Internal Revenue Code, entity, or a collaboration
32of individuals with at least one of its purposes being the sale or
33placement of any dog that has been removed from a public animal
34control agency or shelter, society for the prevention of cruelty to
35animals shelter, or humane society shelter, or that has been
36previously owned by any person other than the original breeder
37of that dog.

end insert
38begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 31751.3 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
39amended to read:end insert

P7    1

31751.3.  

(a) (1) Except as otherwise provided in subdivision
2(b), no public animal control agency or shelter, society for the
3prevention of cruelty to animals shelter, humane society shelter,
4orbegin insert animalend insert rescuebegin delete groupend deletebegin insert or adoption organizationend insert shall sellbegin insert,end insert or give
5away to a new ownerbegin insert,end insert any cat that has not been spayed or neutered.

6(2) Forbegin delete theend delete purposes of thisbegin delete section, a “rescue group”end deletebegin insert chapter,
7an “animal rescue or adoption organization”end insert
is a for-profit or
8not-for-profitbegin insert, as described in Section 501(c)(3) of the Internal
9Revenue Code,end insert
entity, or a collaboration of individuals with at
10least one of its purposes being the sale or placement of cats that
11have been removed from a public animal control agency or shelter,
12society for the prevention of cruelty to animals shelter, or humane
13begin insert societyend insert shelterbegin insert,end insert or that have been previously owned by any person
14other than the original breeder of that cat.

15(b) (1) If a veterinarian licensed to practice veterinary medicine
16in this state certifies that a cat is too sick or injured to be spayed
17or neutered, or that it would otherwise be detrimental to the health
18of the cat to be spayed or neutered, the adopter or purchaser shall
19pay the public animal control agency or shelter, society for the
20prevention of cruelty to animals shelter, humane society shelter,
21orbegin insert animalend insert rescuebegin delete groupend deletebegin insert or adoption organizationend insert a deposit of not
22less than forty dollars ($40), and not more than seventy-five dollars
23($75).

24(2) The entity shall establish the amount of the deposit at the
25level it determines is necessary to encourage the spaying or
26neutering of cats.

27(3) The deposit shall be temporary, and shall only be retained
28until the cat is healthy enough to be spayed or neutered, as certified
29by a veterinarian licensed to practice veterinary medicine in this
30state.

31(4) The cat shall be spayed or neutered within 14 business days
32of that certification.

33(5) The adopter or purchaser shall obtain written proof of
34spaying or neutering from the veterinarian performing the
35operation.

36(6) If the adopter or purchaser presents proof of spaying or
37neutering to the entity from which the cat was obtained within 30
38business days of obtaining the proof, the adopter or purchaser shall
39receive a full refund of the deposit.

P8    1(c) Public animal control agencies or shelters, society for the
2prevention of cruelty to animals shelters, humane society shelters,
3andbegin insert animalend insert rescuebegin delete groupsend deletebegin insert or adoption organizationsend insert may enter
4into cooperative agreements with each other and with veterinarians
5in lieu of requiring spaying and neutering deposits to carry out this
6section.

7(d) Any funds from unclaimed deposits made pursuant to this
8section, as it read on January 1, 1999, and any funds from deposits
9unclaimed after January 1, 2000, may be expended only for
10programs to spay or neuter cats and dogs, including agreements
11with a society for the prevention of cruelty to animals or a humane
12society or licensed veterinarian, to operate a program to spay or
13neuter cats and dogs.

14(e) This section only applies to a county that has a population
15exceeding 100,000 persons as of January 1, 2000, and to cities
16within that county.

17begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 31752 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
18amended to read:end insert

19

31752.  

(a) begin deleteThe end deletebegin insertExcept as provided in Section 17006, for any
20local governmental entity that receives block grant funding under
21Section 17581.8 of the Government Code, no stray cat admitted
22to a public or private shelter shall be euthanized or otherwise
23disposed of until after the expiration of the end insert
required holding period
24begin delete for a stray cat impounded pursuant to this divisionend deletebegin insert, whichend insert shall be
25six business days, not including the day ofbegin delete impoundmentend delete
26begin insert admissionend insert, except as follows:

27(1) If the public or private shelter has made the cat available for
28owner redemption on one weekday evening until at least 7 p.m.
29or one weekend day, the holding period shall be four business
30days, not including the day ofbegin delete impoundmentend deletebegin insert admissionend insert.

31(2) If the public or private shelter has fewer than three full-time
32employees or is not open during all regular weekday business
33hours, and if it has established a procedure to enable owners to
34reclaim their cats by appointment at a mutually agreeable time
35when the public or private shelter would otherwise be closed, the
36holding period shall be four business days, not including the day
37ofbegin delete impoundmentend deletebegin insert admissionend insert.

begin delete

38Except as provided in Sections 17006 and 31752.5, stray cats
39shall be held for owner redemption during the first three days of
40the holding period, not including the day of impoundment, and
P9    1shall be available for owner redemption or adoption for the
2remainder of the holding period.

end delete
begin insert

3(b) (1) In addition to the prohibition against euthanasia set
4forth in subdivision (a), a stray cat admitted to a public or private
5shelter shall be made available for owner redemption, adoption,
6or release to an animal rescue or adoption organization during
7the required holding period, as follows:

end insert
begin insert

8(A) Any stray cat with identification shall be held exclusively
9for owner redemption during the entire holding period.

end insert
begin insert

10(B) Any stray cat without identification may be made available
11for adoption or release to an animal rescue or adoption
12organization at any time.

end insert
begin insert

13(2) Nothing in this section is intended to prevent an owner from
14reclaiming his or her cat during or after any required holding
15period, pursuant to applicable law, if the public or private shelter
16still has physical possession of the cat.

end insert
begin delete

17(b)

end delete

18begin insert(c)end insert Except as provided in Section 17006, any stray cat that is
19begin delete impoundedend deletebegin insert admittedend insert pursuant to this division shall,begin delete prior toend deletebegin insert beforeend insert
20 the euthanasia of that animal, be released to abegin insert for-profit orend insert
21 nonprofit, as defined in Section 501(c)(3) of the Internal Revenue
22Code, animal rescue or adoption organization if requested by the
23organizationbegin delete prior toend deletebegin insert beforeend insert the scheduled euthanasia of that animal.
24In addition to any required spay or neuter deposit, the public or
25private shelter, at its discretion, may assess a fee, not to exceed
26the standard adoption fee, for animals adopted or released. The
27public or private shelter may enter into cooperative agreements
28with any animal rescue or adoption organizationbegin insert, for purposes of
29compliance with this sectionend insert
.

begin delete

30(c)

end delete

31begin insert(d)end insert During the holding period required by this section andbegin delete prior
32toend delete
begin insert beforeend insert the adoptionbegin insert, release to an animal rescue or adoption
33organization,end insert
or euthanasia of a catbegin delete impoundedend deletebegin insert admittedend insert pursuant
34to this division, a public or private shelter shall scan the cat for a
35microchip that identifies the owner of that cat and shall make
36reasonable efforts to contact the owner and notify him or her that
37his or her cat isbegin delete impoundedend deletebegin insert admittedend insert and is available for
38redemption.

begin delete

39(d)

end delete

P10   1begin insert(e)end insert 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.

begin insert

4(f) As used in this section, “identification” means a microchip,
5a readily visible license tag, rabies vaccination tag, or other tag,
6tattoo, marking, or accessory that displays the identity or contact
7information of the owner or caretaker of the cat.

end insert
begin insert

8(g) As used in this section, an “animal rescue or adoption
9organization” is a for-profit or nonprofit, as described in Section
10501(c)(3) of the Internal Revenue Code, entity, or a collaboration
11of individuals with at least one of its purposes being the sale or
12placement of any cat that has been removed from a public animal
13control agency or shelter, society for the prevention of cruelty to
14animals shelter, or humane society shelter, or that has been
15previously owned by any person other than the original breeder
16of that cat.

end insert
17begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 31754 of the end insertbegin insertFood and Agricultural Codeend insertbegin insert is
18amended to read:end insert

19

31754.  

(a) Except as provided in Section 17006,begin insert for any local
20governmental entity that receives block grant funding under Section
2117581.8 of the Government Code,end insert
any animal relinquished by the
22purported ownerbegin insert or any other person with the authority to
23relinquish the animalend insert
that is of a speciesbegin delete impoundedend deletebegin insert admittedend insert by
24public or private sheltersbegin insert may be made immediately available for
25adoption or release to an animal rescue or adoption organization,
26but if not so adopted or released,end insert
shallbegin insert notend insert bebegin delete held forend deletebegin insert euthanized
27or otherwise disposed of until the expiration ofend insert
thebegin delete sameend delete holding
28begin delete periods, with the same requirements of care,end deletebegin insert periodend insert applicable to
29stray dogs begin deleteand cats in Sectionsend deletebegin insert in Sectionend insert 31108 and begin insertstray cats in
30Section end insert
31752begin delete, and shall be available for owner redemption or
31adoption for the entire holding periodend delete
.

begin delete

32(b) Notwithstanding subdivision (a), kittens or puppies
33relinquished by the purported owner, or brought in by any other
34person with authority to relinquish them, to public or private
35shelters, may be available immediately for adoption.

end delete
begin delete

36(c) This section shall become operative on July 1, 2002.

end delete
begin insert

37(b) Nothing in this section is intended to require a public or
38private shelter to admit an animal that is relinquished by the owner.

end insert
39begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 17581.8 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
40read:end insert

begin insert
P11   1

begin insert17581.8.end insert  

(a) Funding apportioned pursuant to this section
2shall constitute reimbursement pursuant to Section 6 of Article
3XIII B of the California Constitution for the performance of any
4state mandates included in the statutes and executive orders
5identified in subdivision (e).

6(b) (1) A city, county, city and county, or joint powers authority
7may elect to receive block grant funding pursuant to this section.

8(2) The State Department of Public Health shall administer the
9block grant funding program established under this section.

10(c) (1) A city, county, city and county, or joint powers authority
11that elects to receive block grant funding pursuant to this section
12in a given fiscal year shall submit a letter requesting funding to
13the State Department of Public Health on or before August 30 of
14the fiscal year in which the funding is available.

15(2) The State Department of Public Health shall, no later than
16November 30 of each fiscal year in which the funding is available,
17apportion block grant funding appropriated under a specified item
18under Section 2.00 of the annual Budget Act to a city, county, city
19and county, or joint powers authority that submitted a letter to the
20department requesting funding in that fiscal year according to the
21provisions of that item.

22(3) A city, county, city and county, or joint powers authority
23that receives block grant funding pursuant to this section shall not
24be eligible to submit claims to the Controller for reimbursement
25 pursuant to Section 17560 for any costs of any state mandates
26included in the statutes and executive orders identified in
27subdivision (e) incurred in the same fiscal year during which the
28city, county, city and county or joint powers authority received
29funding pursuant to this section.

30(d) Block grant funding apportioned pursuant to this section is
31subject to annual financial and compliance audits.

32(e) If a city, county, city and county, or joint powers authority
33elects to receive block grant funding under this section, any block
34grant funds received by the city, county, city and county, or joint
35powers authority shall be used to fund the costs of the following
36programs and activities:

37(1) Providing care and maintenance during the holding periods
38for impounded animals imposed under Sections 31108 and 31752
39of the Food and Agricultural Code.

P12   1(2) Providing care and maintenance for four business days from
2the day after impoundment, or six business days from the day after
3impoundment, for impounded rabbits, guinea pigs, hamsters,
4pot-bellied pigs, birds, lizards, snakes, turtles, or tortoises, as
5legally allowed as personal property, pursuant to Section 31753
6of the Food and Agricultural Code.

7(3) For impounded animals held for four business days after
8the day of impoundment, for either of the following purposes:

9(A) Making the animal available for owner redemption on one
10weekday evening until at least 7:00 pm, or one weekend day.

11(B) For those local agencies with fewer than three full-time
12employees or that are not open during all regular weekday business
13hours, establishing a procedure to enable owners to reclaim their
14animals by appointment at a mutually agreeable time when the
15agency would otherwise be closed, pursuant to Sections 31108,
1631752, and 31753 of the Food and Agricultural Code.

17(4) Verifying whether a cat is feral or tame by using a
18standardized protocol prescribed in subdivision (c) to Section
1931752.5 of the Food and Agricultural Code.

20(5) Posting lost and found animal lists pursuant to Section 32001
21of the Food and Agricultural Code.

22(6) Maintaining records on animals that are not medically
23treated by a veterinarian, but are either taken up, euthanized after
24the holding period, or impounded, pursuant to Section 32003 of
25the Food and Agricultural Code.

26(7) Providing “necessary and prompt veterinary care” for
27abandoned animals, other than injured cats and dogs given
28emergency treatment, pursuant to Sections 1834 and 1846 of the
29Civil Code.

30(f) A city, county, city and county, or joint powers authority that
31elects not to apply for block grant funding under this section shall
32hold a public hearing, during which time it shall make a finding
33regarding its decision not to apply for that funding.

end insert
begin insert
34

begin insertSEC. 7.end insert  

If the Commission on State Mandates determines that
35this act contains costs mandated by the state, reimbursement to
36local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.

end insert
begin delete
39

SECTION 1.  

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

P13   1

31108.  

(a) The required holding period for a stray dog
2impounded pursuant to this division shall be six business days,
3excluding 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, excluding 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, excluding the day of
14impoundment.

15Except as provided in Section 17006, stray dogs shall be held
16for owner redemption during the first three days of the holding
17period, excluding the day of impoundment, and shall be available
18for owner redemption or adoption for the remainder of the holding
19period.

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, may impose a fee,
29not to exceed the standard adoption fee, for animals adopted or
30released.

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.

37(d) As used in this division, a “business day” includes any day
38that a public or private shelter is open to the public for at least four
39hours, excluding state holidays.

end delete


O

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