BILL NUMBER: SB 945 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2016
AMENDED IN SENATE MARCH 7, 2016
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, size of enclosures, sanitation,
provision of enrichment devices, health of the pet, and safety.
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. 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 two four
or more dogs, cats, or other pets in any combination are
boarded for compensation. 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.
(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 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. products.
(f) (1) "Temporary enclosure" means a structure used to restrict a
pet, including, but not limited to, a crate or cage
cage, 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 eight hours four hours during
the day and 12 hours at night 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 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. no less than the
amount of time needed for the pet to eliminate its waste.
(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 a nonporous 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 elements, including but not limited to, the
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.
(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.
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 in writing by the owner.
(b) Observe each pet as necessary, but no less than once every
eight 24 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.
(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)
(c) 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 well-being, but not
less than every eight hours for at least one hour each time.
well-being. However, water may be restricted as
directed by the owner or a licensed veterinarian.
(e)
(d) 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.
(f)
(e) 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.
(g)
(f) 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.
(h)
(g) Isolate those pets that have or are suspected of
having a contagious condition.
(i)
(h) 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.
(j)
(i) 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.
122385. 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.
122385. 122386. 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.
122386. 122387. (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 to
to, 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.