Amended in Assembly June 9, 2016

Amended in Senate April 25, 2016

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, sanitation, provision of enrichment begin delete devices, end delete begin insert devices or activities, end insert 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:

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, begin delete amphibians, and fish. end delete begin insert and amphibians. end insert However, “pet”
does not include a horse.

(c) “Pet boarding facility” means any lot, building, structure,
enclosure, or premises whereupon 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, or the premises of a veterinary facility that
is registered pursuant to Section 4853 of the Business and
Professions Code.

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

(e)  begin delete “Primary end delete begin insert “Permanent or fixed end insert 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.

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

begin delete

(2) A pet may be contained in a temporary enclosure for a period
not to exceed 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 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.

end delete

122381.  

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

(a) Ensuring that the entire pet boarding begin delete facility end delete begin insert facility,
includ end insert begin insert ing all equipment therein, end insert is structurally sound and
maintained in good begin delete repair, including, but not limited to, heating
and cooling systems, drying cages, flooring, and door latches and
locks. end delete begin insert repair. end insert

(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, begin delete 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. end delete begin insert making reasonable efforts
to immediately capture the escaped pet. end insert

begin insert

(d) If an escaped pet has not been captured despite reasonable
efforts, ensuring that all material facts regarding the pet’s escape
are reported to the local agency for animal control and to the
owner.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  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.

begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  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.

begin delete

(f) When pet

end delete

begin insert (g) end insert begin insert   end insert begin insert If pet end insert grooming services are offered by a pet boarding
facility, separating the grooming work area from the pet boarding
facility’s begin delete primary enclosures, pet food storage areas, and isolation
areas for housing sick pets. The grooming area shall be end delete begin insert permanent
or fixed and temporary enclosures and ensuring that the grooming
areas is end insert cleaned and sanitized at least once daily.

begin insert

(h) Storing food in an area separate from permanent or fixed
enclosures or temporary enclosures.

end insert begin insert

(i) Maintaining an area for isolating sick pets from healthy pets.

end insert

122382.  

(a) Each begin delete primary end delete begin insert permanent or fixed end insert 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 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, begin delete including end delete begin insert including, end insert but not limited to, the sun,
wind, rain, and snow.

begin insert

(5) Allow a pet to turn around freely, stand easily, and sit or
lie down in a comfortable position.

end insert

(b) Each enclosure is either a begin delete primary end delete begin insert permanent or fixed end insert
enclosure or a temporary enclosure.

(c) In addition to the requirements set forth in subdivision (a),
a begin delete primary end delete begin insert permanent or fixed end insert enclosure for a cat shall provide an
elevated platform appropriate for the size of the cat.

begin insert

(d) A pet may be contained in a temporary enclosure for a period
not to exceed 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 the amount of time needed for the pet
to eliminate its waste.

end insert

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 by the owner.

(b) Observe each pet as necessary, but no less than once every
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) 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. However, water may be
restricted as directed by the owner or a licensed veterinarian.

(d) Provide each pet with begin delete 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 end delete nutritious food
in quantities and at intervals suitable for that pet.

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

(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.

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

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

begin insert

(i) Ensure that the owner of a pet is notified immediately that
his or her pet is sick or injured unless the owner has indicated in
writing that notification of any, or a particular, type of illness or
injury is not required.

end insert begin delete

(i)

end delete

begin insert ( end insert begin insert j) 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) A pet boarding facility operator shall provide each
owner with written information describing all of the following:

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

(2) Days and times during which begin delete no end delete personnel begin delete is end delete begin insert are end insert onsite.

(3) The square footage of the begin delete primary end delete begin insert permanent or fixed end insert and
temporary enclosures in which the begin delete breed end delete begin insert species end insert of pet that the
owner is boarding is customarily contained.

(4)  begin delete The number of times and at which intervals end delete begin insert General
observation practices end insert during each 24-hour period begin delete the breed end delete begin insert for
the species end insert of pet that the owner is boarding is customarily
observed by personnel.

(5) The pet boarding facility’s customary daily activity schedule
for the begin delete breed end delete begin insert species end insert of pet that the owner is begin delete boarding, including
the number of hours spent in primary and temporary enclosures,
the time or times at which the breed of pet is fed, and the
opportunities the breed of pet has to exercise and eliminate bodily
waste. end delete begin insert boarding. end insert

begin delete

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

end delete

(b) If the pet boarding facility will materially deviate from the
customary practices described in the written information required
by subdivision (a) with respect to an owner’s pet, the pet boarding
facility operator shall disclose those deviations to the begin delete owner, in
writing. end delete begin insert owner or patron, as appropriate. end insert

122385.  

A pet boarding facility shall maintain either of the
following:

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

(b) A fire suppression sprinkler system.

begin delete

122386.  

A person convicted of a misdemeanor or felony
directly 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. If a pet boarding facility is
located within a pet store, this prohibition only applies to an
employee who works directly with pets that are boarded overnight
in the pet boarding facility.

end delete

begin delete 122387. 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 122388. 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 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.

begin delete 122389. end delete

begin insert 122388. end insert   

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

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.