Amended in Senate March 29, 2016

Amended in Senate March 7, 2016

Senate Bill No. 945

Introduced by Senator Monning

February 3, 2016

An act to add Chapter 11 (commencing with Section 122380) to Part 6 of Division 105 of the Health and Safety Code, relating to pet boarding facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 945, as amended, Monning. Pet boarding facilities.

Existing law regulates the care and maintenance of animals in the care of a pet store.

This bill would establish procedures for the care and maintenance of pets boarded at a pet boarding facility, including, but not limited to, begin delete size of enclosures, end delete sanitation, provision of enrichment devices, health of the pet, and safety. begin insert The bill would also prohibit a person convicted of an offense related to the welfare of animals, as specified, from operating a pet boarding facility or from being employed as an employee of a pet boarding facility. end insert The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $250 for the first violation and not to exceed $1,000 for each subsequent violation. Because it would create a new crime, this 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.  

Chapter 11 (commencing with Section 122380)
is added to Part 6 of Division 105 of the Health and Safety Code,
to read:

 

Chapter  11. Pet Boarding Facilities

 

122380.  

As used in this chapter, the following definitions apply:

(a) “Person” means an individual, partnership, firm, limited
liability company, joint-stock company, corporation, association,
trust, estate, or other legal entity.

(b) “Pet” means any nonhuman animal housed in the pet
boarding facility, including, but not limited to, mammals, birds,
reptiles, amphibians, and fish.

(c) “Pet boarding facility” means any lot, building, structure,
enclosure, or premises whereupon begin delete two end delete begin insert four end insert or more dogs, cats, or
other pets in any combination are boarded for compensation.

begin insert However, “pet boarding facility” does not include a city, county,
or city and county animal control agency, society for the prevention
of cruelty to animals, or humane society that contracts for the care
of stray or abandoned animals. end insert

(d) “Pet boarding facility operator” or “operator” means a person
who owns or operates, or both, a pet boarding facility.

(e) “Primary enclosure” means a structure, including, but not
limited to, an exercise run, kennel, or room, used to restrict a pet,
that provides for the effective separation of a pet from the pet’s
waste begin delete products, such as by providing the pet with access to a
separate indoor room or outside area. A primary enclosure shall
enable the pet to turn about freely, stand easily, and sit or lie in a
comfortable position. end delete begin insert products. end insert

(f) (1) “Temporary enclosure” means a structure used to restrict
a pet, including, but not limited to, a crate or begin delete cage end delete begin insert cage, end insert that does
not provide for the effective separation of a pet from the pet’s
waste products.

(2) A pet may be contained in a temporary enclosure for a period
not to exceed begin delete eight hours end delete begin insert four hours during the day and 12 hours
at night end insert or the length of time that is humane for that particular pet,
whichever is less. However, the pet shall remain outside the
temporary enclosure for begin delete no less than 15 minutes for each
consecutive hour spent in the enclosure. For example, if a pet
spends four consecutive hours in a temporary enclosure, the pet
shall remain outside the temporary enclosure for no less than 60
consecutive minutes. end delete begin insert no less than the amount of time needed for
the pet to eliminate its waste. end insert

(3) A temporary enclosure shall allow the pet to turn about
freely, stand easily, and sit or lie in a comfortable position.

122381.  

Each pet boarding facility operator shall be responsible
for all of the following:

(a) Ensuring that the entire pet boarding facility is structurally
sound and maintained in good repair, including, but not limited
to, heating and cooling systems, drying cages, flooring, and door
latches and locks.

(b) Ensuring that pests do not inhabit any part of the pet boarding
facility in a number large enough to be harmful, threatening, or
annoying to the pets.

(c) Ensuring the containment of pets within the pet boarding
facility, and, in the event that a pet escapes, being responsible for
reporting this fact immediately to the local agency responsible for
animal control and to the owner and making reasonable efforts to
immediately capture the escaped pet.

(d) Ensuring that the pet boarding facility’s interior building
surfaces, including walls and floors, are constructed in a manner
that permits them to be readily cleaned and sanitized.

(e) Ensuring that light, by natural or artificial means, is
distributed in a manner that permits routine inspection and cleaning,
and the proper care and maintenance of the pets.

(f) When pet grooming services are offered by a pet boarding
facility, separating the grooming work area from the pet boarding
facility’s primary enclosures, pet food storage areas, and isolation
areas for housing sick pets. The grooming area shall be cleaned
and sanitized at least once daily.

122382.  

(a) Each primary and temporary enclosure shall
comply with all of the following standards:

(1) Be structurally sound and maintained in good repair to
protect the enclosed pet from injury, to contain the pet, to keep
other animals out, and to promote the health and well-being of the
pet.

(2) Be maintained in a comfortable and sanitary manner. When
being cleaned in a manner or with a substance that is or may be
harmful to a pet within the enclosure, that pet shall be removed
from the enclosure.

(3) Be constructed of begin delete a nonporous end delete material suitable for regular
cleaning and sanitizing.

(4) As needed to ensure the comfort and well-being of the pet,
provide heating, cooling, lighting, ventilation, shade, and protection
from the begin insert elements, including but not limited to, the end insert sun, wind, rain,
and snow.

(b) Each enclosure is either a primary enclosure or a temporary
enclosure.

(c) In addition to the requirements set forth in subdivision (a),
a primary enclosure for a cat shall provide an elevated platform
appropriate for the size of the cat.

begin delete

(d) In addition to the requirements set forth in subdivision (a),
a primary enclosure for a dog shall meet both of the following
requirements:

(1) Contain an indoor or outdoor area that is no less than three
feet wide for a dog weighing not more than 45 pounds and four
feet wide for a dog weighing more than 45 pounds and no less than
10 feet long no matter the size of the dog.

(2) The area described in paragraph (1) shall also have an
adjacent indoor enclosure that has at least the following floor area:

(A) For a dog weighing not more than 25 pounds, five square
feet.

(B) For a dog weighing more than 25 pounds but not more than
45 pounds, nine square feet.

(C) For a dog weighing over 45 pounds, 16 square feet.

end delete

122383.  

A pet boarding facility operator shall comply with all
of the following animal care requirements:

(a) House only one pet at a time in an enclosure unless otherwise
consented to begin delete in writing end delete by the owner.

(b) Observe each pet as necessary, but no less than once every
begin delete eight end delete begin insert 24 end insert hours, in order to recognize the signs of sickness, injury,
or distress, and in order to ensure that the pet, food, and waste or
debris is removed as necessary to prevent contamination or injury.

begin delete

(c) Remove each dog from its primary enclosure at least once
every 24 hours and enable the dog to remain outside the primary
enclosure for at least 15 minutes each time unless otherwise
directed in writing by the owner.

(d)

end delete

begin insert (c) end insert  Provide each pet with easy and convenient access to potable
water at all times, or if the behavior of the pet makes unrestricted
access to water impracticable, offer water as often as necessary to
ensure the pet’s health and begin delete well-being, but not less than every eight
hours for at least one hour each time. end delete begin insert well-being. end insert However, water
may be restricted as directed by the owner or a licensed
veterinarian.

begin delete

(e)

end delete

begin insert (d) end insert  Provide each pet with food of the type, in the quantities, and
at the intervals as directed in writing by the owner, or in the
absence of written directions by the owner, with nutritious food
in quantities and at intervals suitable for that pet.

begin delete

(f)

end delete

begin insert (e) end insert  Provide each pet with at least one enrichment device that is
appropriate for the age, size, and condition of the pet unless
otherwise directed in writing by the owner.

begin delete

(g)

end delete

begin insert (f) end insert  Maintain and abide by written policies and procedures that
address animal care, management and safe handling, disease
prevention and control, routine care, preventative care, emergency
care, veterinary treatment, and disaster planning, evacuation, and
recovery that are applicable to the location of the pet boarding
facility. These procedures shall be reviewed with each employee
who provides animal care and shall be present, in writing, either
electronically or physically, in the facility and made available to
all employees.

begin delete

(h)

end delete

begin insert (g) end insert  Isolate those pets that have or are suspected of having a
contagious condition.

begin delete

(i)

end delete

begin insert (h) end insert  Ensure that each sick or injured pet is immediately provided
with veterinary treatment and that the owner of the pet is notified
immediately of the pet’s condition.

begin delete

(j)

end delete

begin insert (i) end insert  In the event of a natural disaster, an emergency evacuation,
or other similar occurrence, ensure that the humane care and
treatment of each animal is provided for, as required by this
chapter, to the extent access to the pet is reasonably available.

122384.  

A pet boarding facility operator shall provide, in
writing, each owner with all of the following:

(a) Times, if any, when there will be no personnel on site.

(b) The square footage of any primary and temporary enclosures
in which the pet will be contained.

(c) The number of times and at which intervals during each
24-hour period the pet will be observed by personnel.

(d) The pet’s anticipated daily activity schedule, including the
length of time the pet will spend in and out of primary and
temporary enclosures, the time or times at which the pet will be
fed, and the opportunities the pet will have to exercise and
eliminate bodily waste.

begin insert

begin insert 122385. end insert   

A person convicted of an infraction, misdemeanor, or
felony related to the welfare of animals, including, but not limited
to, a violation of Section 597 of the Penal Code, is prohibited from
operating a pet boarding facility or from being employed as an
employee of a pet boarding facility.

end insert

begin delete 122385. end delete

begin insert 122386. end insert   

A pet boarding facility operator who violates any
provision of this chapter is guilty of an infraction punishable by a
fine not to exceed two hundred fifty dollars ($250) for the first
violation and by a fine not to exceed one thousand dollars ($1,000)
for each subsequent violation. The court shall weigh the gravity
of the offense in setting the penalty.

begin delete 122386. end delete

begin insert 122387. end insert   

(a) Nothing in this chapter 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 begin delete to end delete begin insert to, end insert Section 597 of the Penal Code.

(b) Nothing in this chapter limits, or authorizes any act or
omission that violates, Section 597 of the Penal Code, or any other
local, state, or federal law that protects animals or the rights of
consumers.

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.