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, 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:
Chapter 11 (commencing with Section 122380)
2is added to Part 6 of Division 105 of the Health and Safety Code,
As used in this chapter, the following definitions apply:
8(a) “Person” means an individual, partnership, firm, limited
9liability company, joint-stock company, corporation, association,
10trust, estate, or other legal entity.
11(b) “Pet” means any nonhuman animal housed in the pet
12boarding facility, including, but not limited to, mammals, birds,
13reptiles, amphibians, and fish.
15(c) “Pet boarding facility” means any lot, building, structure,
16enclosure, or premises whereupon four or more dogs, cats, or other
17pets in any combination are boarded for compensation. However,
18“pet boarding facility” does not include a city, county, or city and
19county animal control agency, society for the prevention of cruelty
20to animals, or humane society that contracts for the care of stray
begin delete animals.end delete
24(d) “Pet boarding facility operator” or “operator” means a person
25who owns or operates, or both, a pet boarding facility.
26(e) “Primary enclosure” means a
structure, including, but not
27limited to, an exercise run, kennel, or room, used to restrict a pet,
28that provides for the effective separation of a pet from the pet’s
P3 1(f) (1) “Temporary enclosure” means a structure used to restrict
2a pet, including, but not limited to, a crate or cage, that does not
3provide for the effective separation of a pet from the pet’s waste
5(2) A pet may be contained in a temporary enclosure for a period
6not to exceed four hours during the day and 12 hours at night or
7the length of time that is humane for that particular pet, whichever
8is less. However, the pet shall remain outside the temporary
9enclosure for no less than the amount of time needed for the pet
10to eliminate its waste.
11(3) A temporary enclosure shall allow the pet to turn about
12freely, stand easily, and sit or lie in a comfortable position.
Each pet boarding facility operator shall be responsible
14for all of the following:
15(a) Ensuring that the entire pet boarding facility is structurally
16sound and maintained in good repair, including, but not limited
17to, heating and cooling systems, drying cages, flooring, and door
18latches and locks.
19(b) Ensuring that pests do not inhabit any part of the pet boarding
20facility in a number large enough to be harmful, threatening, or
21annoying to the pets.
22(c) Ensuring the containment of pets within the pet boarding
23facility, and, in the event that a pet escapes, being responsible for
24reporting this fact immediately to the local agency responsible for
25animal control and to the owner and making reasonable efforts to
26immediately capture the escaped pet.
27(d) Ensuring that the pet boarding facility’s interior building
28surfaces, including walls and floors, are constructed in a manner
29 that permits them to be readily cleaned and sanitized.
30(e) Ensuring that light, by natural or artificial means, is
31distributed in a manner that permits routine inspection and cleaning,
32and the proper care and maintenance of the pets.
33(f) When pet grooming services are offered by a pet boarding
34facility, separating the grooming work area from the pet boarding
35facility’s primary enclosures, pet food storage areas, and isolation
36areas for housing sick pets. The grooming area shall be cleaned
37and sanitized at least once daily.
(a) Each primary and temporary enclosure shall
39comply with all of the following standards:
P4 1(1) Be structurally sound and maintained in good repair to
2protect the enclosed pet from injury, to contain the pet, to keep
3other animals out, and to promote the health and well-being of the
5(2) Be maintained in a comfortable and sanitary manner. When
6being cleaned in a manner or with a substance that is or may be
7harmful to a pet within the enclosure, that pet shall be removed
8from the enclosure.
9(3) Be constructed of material suitable for
regular cleaning and
11(4) As needed to ensure the comfort and well-being of the pet,
12provide heating, cooling, lighting, ventilation, shade, and protection
13 from the elements, including but not limited to, the sun, wind, rain,
15(b) Each enclosure is either a primary enclosure or a temporary
17(c) In addition to the requirements set forth in subdivision (a),
18a primary enclosure for a cat shall provide an elevated platform
19appropriate for the size of the cat.
A pet boarding facility operator shall comply with all
21of the following animal care requirements:
22(a) House only one pet at a time in an enclosure unless otherwise
23consented to by the owner.
24(b) Observe each pet as necessary, but no less than once every
2524 hours, in order to recognize the signs of sickness, injury, or
26distress, and in order to ensure that the pet, food, and waste or
27debris is removed as necessary to prevent contamination or injury.
28(c) Provide each pet with easy and convenient access to potable
29water at all times, or if the behavior of the pet makes unrestricted
30access to water impracticable, offer water as often as necessary to
31ensure the pet’s health and well-being. However, water may be
32restricted as directed by the owner or a licensed veterinarian.
33(d) Provide each pet with food of the type, in the quantities, and
34at the intervals as directed in writing by the owner, or in the
35 absence of written directions by the owner, with nutritious food
36in quantities and at intervals suitable for that pet.
37(e) Provide each pet with at least one enrichment device that is
38appropriate for the age, size, and condition of the pet unless
39otherwise directed in writing by the owner.
P5 1(f) Maintain and abide by written policies and procedures that
2address animal care, management and safe handling, disease
3prevention and control, routine care, preventative care, emergency
4care, veterinary treatment, and disaster planning, evacuation, and
5recovery that are applicable to the location of the pet boarding
6facility. These procedures shall be reviewed with each employee
7who provides animal care and shall be present, in writing, either
8electronically or physically, in the facility and made available to
10(g) Isolate those pets that have or are suspected of having a
12(h) Ensure that each sick or injured pet is immediately provided
13with veterinary treatment and that the owner of the pet is notified
14immediately of the pet’s condition.
15(i) In the
event of a natural disaster, an emergency evacuation,
16or other similar occurrence, ensure that the humane care and
17treatment of each animal is provided for, as required by this
18chapter, to the extent access to the pet is reasonably available.
A pet boarding facility operator shall
begin delete provide, in each owner with
21 all of the following:
22(a) Times, if any, when there will be no personnel on site.end delete
27 The square footage of
begin delete anyend delete
primary and temporary
28enclosures in which the
begin delete pet will beend delete contained.
31 The number of times and at which intervals during each
3224-hour period the
begin delete pet will beend delete
observed by personnel.
begin delete pet’s anticipatedend delete daily
begin delete schedule,end delete
including begin delete the length of time the pet will spend in and primary and temporary
38out ofend delete
39enclosures, the time or times at which the
begin delete pet will beend delete fed, and the opportunities the begin delete pet will haveend delete to
2exercise and eliminate bodily waste.
A person convicted of
begin delete an infraction, misdemeanor,end delete or felony related to the welfare of animals,
18including, but not limited to, a violation of Section 597 of the Penal
19Code, is prohibited from operating a pet boarding facility or from
20being employed as an employee of a pet boarding facility.
A pet boarding facility operator who violates any
26provision of this chapter is guilty of an infraction punishable by a
27fine not to exceed two hundred fifty dollars ($250) for the first
28violation and by a fine not to exceed one thousand dollars ($1,000)
29for each subsequent violation. The court shall weigh the gravity
30of the offense in setting the penalty.
(a) Nothing in this chapter shall be construed to in
33any way limit or affect the application or enforcement of any other
34law that protects animals or the rights of consumers, including,
35but not limited to, Section 597 of the Penal Code.
36(b) Nothing in this chapter limits, or authorizes any act or
37omission that violates, Section 597 of the Penal Code, or any other
38local, state, or federal law that protects animals or the rights of
No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California