Amended in Senate April 25, 2016

Amended in Senate March 29, 2016

Amended in Senate March 7, 2016

Senate BillNo. 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.


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.begin insert The bill would specifically authorize a city, county, or city and county to adopt ordinances that establish additional standards and requirements for 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:

P2    1


Chapter 11 (commencing with Section 122380)
2is added to Part 6 of Division 105 of the Health and Safety Code,
3to read:


5Chapter  11. Pet Boarding Facilities




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.begin insert However, “pet” does not include a
14horse.end insert

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
21or abandonedbegin delete animals.end deletebegin insert animals, or the premises of a veterinary
22facility that is registered pursuant to Section 4853 of the Business
23and Professions Code.end insert

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
29waste products.

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,
14and snow.

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
9all employees.

10(g) Isolate those pets that have or are suspected of having a
11contagious condition.

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.



begin insert(a)end insertbegin insertend insertA pet boarding facility operator shallbegin delete provide, in
20writing,end delete
begin insert provideend insert each owner withbegin insert written information describingend insert
21 all of the following:

begin delete

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

end delete
begin delete


end delete
begin insert

(1) Days and times during which the pet boarding facility
25permits pets to be dropped off and picked up.

end insert
begin insert

(2) Days and times during which no personnel is on site.

end insert

27begin insert(3)end insert The square footage ofbegin delete anyend deletebegin insert theend insert primary and temporary
28enclosures in which thebegin delete pet will beend deletebegin insert breed of pet that the owner is
29boarding is customarilyend insert

begin delete


end delete

31begin insert(4)end insert The number of times and at which intervals during each
3224-hour period thebegin delete pet will beend deletebegin insert breed of pet that the owner is
33boarding is customarilyend insert
observed by personnel.

begin delete


end delete

35begin insert(5)end insert Thebegin delete pet’s anticipatedend deletebegin insert pet boarding facility’s customaryend insert daily
36activitybegin delete schedule,end deletebegin insert schedule for the breed of pet that the owner is
37boarding,end insert
includingbegin delete the length of time the pet will spend in and
38out ofend delete
begin insert the number of hours spent inend insert primary and temporary
39enclosures, the time or times at which thebegin delete pet will beend deletebegin insert breed of pet
P6    1isend insert
fed, and the opportunities thebegin delete pet will haveend deletebegin insert breed of pet hasend insert to
2exercise and eliminate bodily waste.

begin insert

(6) Additional services that the owner may purchase for the pet,
4if any, and the cost of those services.

end insert
begin insert

(b) If the pet boarding facility will materially deviate from the
6customary practices described in the written information required
7by subdivision (a) with respect to an owner’s pet, the pet boarding
8facility operator shall disclose those deviations to the owner, in

end insert
begin insert

begin insert122385.end insert  

A pet boarding facility shall maintain either of the

(a) A fire alarm system that is connected to a central reporting
13station that alerts the local fire department in case of fire.

(b) A fire suppression sprinkler system.

end insert

begin delete122385.end delete
begin insert122386.end insert  

A person convicted ofbegin delete an infraction, misdemeanor,end deletebegin insert a
17misdemeanorend insert
or felonybegin insert directlyend insert 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.begin insert If a pet
21boarding facility is located within a pet store, this prohibition only
22applies to an employee who works directly with pets that are
23boarded overnight in the pet boarding facility.end insert


begin delete122386.end delete
begin insert122387.end insert  

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.


begin delete122387.end delete
begin insert122388.end insert  

(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

begin insert
P7    1

begin insert122389.end insert  

Pursuant to Section 7 of Article XI of the California
2Constitution, a city, county, or city and county may adopt
3ordinances that establish additional standards and requirements
4for a pet boarding facility.

end insert

SEC. 2.  

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