BILL NUMBER: SB 945 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 9, 2016
AMENDED IN SENATE APRIL 25, 2016
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, sanitation, provision of enrichment devices,
devices or activities, 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
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,
amphibians, and fish. and amphibians.
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) "Primary "Permanent or fixed
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) (1) "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.
(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.
122381. Each pet boarding facility operator shall be responsible
for all of the following:
(a) Ensuring that the entire pet boarding facility
facility, includ ing all equipment therein,
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. repair.
(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.
making reasonable efforts to immediately capture the escaped pet.
(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.
(d)
( e) 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)
( f) 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
(g) If 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 permanent or fixed and
temporary enclosures and ensuring that the grooming areas is
cleaned and sanitized at least once daily.
(h) Storing food in an area separate from permanent or fixed
enclosures or temporary enclosures.
(i) Maintaining an area for isolating sick pets from healthy pets.
122382. (a) Each primary permanent or
fixed 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, including
including, but not limited to, the sun, wind, rain, and snow.
(5) Allow a pet to turn around freely, stand easily, and sit or
lie down in a comfortable position.
(b) Each enclosure is either a primary
permanent or fixed enclosure or a temporary enclosure.
(c) In addition to the requirements set forth in subdivision (a),
a primary permanent or fixed enclosure
for a cat shall provide an elevated platform appropriate for the size
of the cat.
(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.
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 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.
(e) Provide each pet with at least one enrichment device or
activity 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 veterinary treatment and that the owner of the pet is
notified immediately of the pet's condition.
appropriate care and, if prudent, veterinary treatment.
(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.
(i)
( j) 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 no personnel
is are onsite.
(3) The square footage of the primary
permanent or fixed and temporary enclosures in which the
breed species of pet that the owner is
boarding is customarily contained.
(4) The number of times and at which intervals
General observation practices during each 24-hour period
the breed for the species of pet that
the owner is boarding is customarily observed by personnel.
(5) The pet boarding facility's customary daily activity schedule
for the breed species of pet that the
owner is 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. boarding.
(6) Additional services that the owner may purchase for the pet,
if any, and the cost of those services.
(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
owner, in writing. owner or patron, as appropriate.
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.
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.
122387. 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.
122388. 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, 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.
122389. 122388. 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.