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
begin delete devices,end delete health of the pet, and safety. begin delete 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 delete 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. 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,
begin delete amphibians, and fish.end delete However, “pet”
14does not include a horse.
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 abandoned animals, or the premises of a veterinary facility that
22is registered pursuant to Section 4853 of the Business and
24(d) “Pet boarding facility operator” or “operator” means a person
25who owns or operates, or both, a pet boarding facility.
begin delete“Primary end deleteenclosure” means a
27including, but not limited to, an exercise run, kennel, or room,
28used to restrict a pet, that provides for the effective separation of
29a pet from the pet’s waste products.
begin delete(1)end delete begin delete end delete“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
begin delete facilityend delete is structurally sound and
17maintained in good
begin delete repair, including, but not limited to, heating
18and cooling systems, drying cages, flooring, and door latches and
20(b) Ensuring that pests do not inhabit any part of the pet boarding
21facility in a number large enough to be harmful, threatening, or
22annoying to the pets.
23(c) Ensuring the containment of pets within the pet boarding
24facility, and, in the event that a pet escapes,
begin delete being
25reporting this fact immediately to the local agency responsible for
26animal control and to the owner and making reasonable efforts to
27immediately capture the escaped pet.end delete
34 Ensuring that the pet boarding facility’s interior building
35surfaces, including walls and floors, are constructed in a manner
36that permits them to be readily cleaned and sanitized.
38 Ensuring that light, by natural or artificial means, is
39distributed in a manner that permits routine inspection and cleaning,
40and the proper care and maintenance of the pets.
P4 1(f) When petend delete
2 grooming services are offered by a pet boarding
3facility, separating the grooming work area from the pet boarding
begin delete primary enclosures, pet food storage areas, and isolation cleaned and sanitized at least once daily.
5areas for housing sick pets. The grooming area shall beend delete
begin delete primaryend delete and temporary
12enclosure shall comply with all of the following standards:
13(1) Be structurally sound and maintained in good repair to
14protect the enclosed pet from injury, to contain the pet, to keep
15other animals out, and to promote the health and well-being of the
17(2) Be maintained in a comfortable and sanitary manner. When
18being cleaned in a manner or with a substance that is or may be
19harmful to a pet within the enclosure, that pet shall be removed
20 from the enclosure.
21(3) Be constructed of material suitable for regular cleaning and
23(4) As needed to ensure the comfort and well-being of the pet,
24provide heating, cooling, lighting, ventilation, shade, and protection
25from the elements,
begin delete includingend delete but not limited to, the sun,
26wind, rain, and snow.
29(b) Each enclosure is either a
begin delete primaryend delete
30 enclosure or a temporary enclosure.
31(c) In addition to the requirements set forth in subdivision (a),
begin delete primaryend delete enclosure for a cat shall provide an
33elevated platform appropriate for the size of the cat.
A pet boarding facility operator shall comply with all
2of the following animal care requirements:
3(a) House only one pet at a time in an enclosure unless otherwise
4consented to by the owner.
5(b) Observe each pet as necessary, but no less than once every
624 hours, in order to recognize the signs of sickness, injury, or
7distress, and in order to ensure that the pet, food, and waste or
8debris is removed as necessary to prevent contamination or injury.
9(c) Provide each pet with easy and convenient access to potable
10water at all times, or if the behavior of the pet makes unrestricted
11access to water impracticable, offer water as often as necessary to
12ensure the pet’s health and well-being. However, water may be
13restricted as directed by the owner or a licensed veterinarian.
14(d) Provide each pet with
begin delete food of the type, in the quantities, and nutritious food
15at the intervals as directed in writing by the owner, or in the
16absence of written directions by the owner, withend delete
17in quantities and at intervals suitable for that pet.
18(e) Provide each pet with at least one enrichment device that is appropriate for the age, size, and condition of the
20pet unless otherwise directed in writing by the owner.
21(f) Maintain and abide by written policies and procedures that
22 address animal care, management and safe handling, disease
23prevention and control, routine care, preventative care, emergency
24care, veterinary treatment, and disaster planning, evacuation, and
25recovery that are applicable to the location of the pet boarding
26facility. These procedures shall be reviewed with each employee
27who provides animal care and shall be present, in writing, either
28electronically or physically, in the facility and made available to
30(g) Isolate those pets that have or are suspected of having a
32(h) Ensure that each sick or injured pet is immediately provided
begin delete veterinary treatment and that the owner of the pet is notified
34immediately of the pet’s condition.end delete
P6 1 In the event of a natural disaster, an emergency evacuation,
2or other similar occurrence, ensure that the humane care and
3treatment of each animal is provided for, as required by this
4chapter, to the extent access to the pet is reasonably available.
(a) A pet boarding facility operator shall provide each
6owner with written information describing all of the following:
7(1) Days and times during which the pet boarding facility
8permits pets to be dropped off and picked up.
9(2) Days and times during which
begin delete noend delete personnel begin delete isend delete onsite.
10(3) The square footage of the
begin delete primaryend delete and
11temporary enclosures in which the
begin delete breedend delete of pet that the
12owner is boarding is customarily contained.
begin deleteThe number of times and at which intervals end deleteduring each 24-hour period begin delete the breedend delete of pet that the owner is boarding is customarily
16observed by personnel.
17(5) The pet boarding facility’s customary daily activity schedule
begin delete breedend delete of pet that the owner is begin deleteboarding, including
19the number of hours spent in primary and temporary enclosures,
20the time or times at which the breed of pet is fed, and the
21opportunities the breed of pet has to exercise and eliminate bodily
23(6) Additional services that the owner may purchase for the pet,
24if any, and the cost of those services.
25(b) If the pet boarding facility will materially deviate from the
26customary practices described in the written information required
27by subdivision (a) with respect to an owner’s pet, the pet boarding
28facility operator shall disclose those deviations to the
begin delete owner, in
A pet boarding facility shall maintain either of the
32(a) A fire alarm system that is connected to a central reporting
33station that alerts the local fire department in case of fire.
34(b) A fire suppression sprinkler system.
A person convicted of a misdemeanor or felony
36directly related to the welfare of animals, including, but not limited
37to, a violation of Section 597 of the Penal Code, is prohibited from
38operating a pet boarding facility or from being employed as an
39employee of a pet boarding facility. If a pet boarding facility is
40located within a pet store, this prohibition only applies to an
P7 1employee who works directly with pets that are boarded overnight
2in the pet boarding facility.
A pet boarding facility operator who violates any
5provision of this chapter is guilty of an infraction punishable by a
6fine not to exceed two hundred fifty dollars ($250) for the first
7violation and by a fine not to exceed one thousand dollars ($1,000)
8for each subsequent violation. The court shall weigh the gravity
9of the offense in setting the penalty.
(a) Nothing in this chapter shall be construed to in
12any way limit or affect the application or enforcement of any other
13law that protects animals or the rights of consumers, including,
14but not limited to, Section 597 of the Penal Code.
15(b) Nothing in this chapter limits, or authorizes any act or
16omission that violates, Section 597 of the Penal Code, or any other
17local, state, or federal law that protects animals or the rights of
Pursuant to Section 7 of Article XI of the California
21Constitution, a city, county, or city and county may adopt
22ordinances that establish additional standards and requirements
23for a pet boarding facility.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California