Amended in Assembly August 1, 2016

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 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.

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 enrichmentbegin delete devices or activities,end deletebegin insert for the pet,end insert health of the pet, and safety. 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.begin insert The bill would require an animal control officer, a humane officer, or a peace officer who detects a violation of specified provisions by a pet boarding facility operator to issue a notice to correct and would provide that if the operator complies with the notice to correct he or she would not be subject to an infraction, except as provided. The bill would provide that an operator that causes or allows harm or injury to an animal or allows an animal to be subject to an unreasonable risk of harm or injury is guilty of a misdemeanor.end insert Thebegin delete billend deletebegin insert bill, except as provided,end insert 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

SECTION 1.  

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

4 

5Chapter  11. Pet Boarding Facilities
6

 

7

122380.  

As used in this chapter, the following definitions apply:

begin insert

8
(a) “Enrichment” means providing objects or activities,
9appropriate to the needs of the species, as well as the age, size,
10and condition of the pet, that stimulate the pet and promote the
11pet’s well-being.

end insert
begin insert

12
(b) “Permanent or fixed enclosure” means a structure,
13including, but not limited to, an exercise run, kennel, or room,
14used to restrict a pet, that provides for the effective separation of
15a pet from the pet’s waste products.

end insert
begin delete

8 16(a)

end delete

17begin insert(c)end insert “Person” means an individual, partnership, firm, limited
18liability company, joint-stock company, corporation, association,
19trust, estate, or other legal entity.

begin delete

11 20(b)

end delete

21begin insert(d)end insert “Pet” means any nonhuman animal housed in the pet
22boarding facility, including, but not limited to, mammals, birds,
23reptiles, and amphibians. However, “pet” does not include a horse.

begin delete

15 P3    1(c)

end delete

2begin insert(e)end insert “Pet boarding facility” means any lot, building, structure,
3enclosure, orbegin delete premisesend deletebegin insert premises, or a portion thereof,end insert whereupon
4four or more dogs, cats, or other pets in any combination are
5boardedbegin delete for compensation.end deletebegin insert at the request of, and in exchange forend insert
6begin insert compensation provided by, their owner.end insert However, “pet boarding
7facility” does not include a city, county, or city and county animal
8control agency, society for the prevention of cruelty to animals,
9or humane society that contracts for the care of stray or abandoned
10animals, or the premises of a veterinary facility that is registered
11pursuant to Section 4853 of the Business and Professions Code.

begin delete

24 12(d)

end delete

13begin insert(f)end insert “Pet boarding facility operator” or “operator” means a person
14who owns or operates, or both, a pet boarding facility.

begin delete

15(e) “Permanent or fixed enclosure” means a structure, including,
16but not limited to, an exercise run, kennel, or room, used to restrict
17a pet, that provides for the effective separation of a pet from the
18pet’s waste products.

end delete
begin delete

P3   1 19(f)

end delete

20begin insert(g)end insert “Temporary enclosure” means a structure used to restrict a
21pet, including, but not limited to, a crate or cage, that does not
22provide for the effective separation of a pet from the pet’s waste
23products.

24

122381.  

Each pet boarding facility operator shall be responsible
25for all of the following:

26(a) Ensuring that the entire pet boarding facility, including all
27equipment therein, is structurally sound and maintained in good
28repair.

29(b) Ensuring that pests do not inhabit any part of the pet boarding
30facility in a number large enough to be harmful, threatening, or
31annoying to the pets.

32(c) Ensuring the containment of pets within the pet boarding
33facility, and, in the event that a pet escapes, making reasonable
34efforts to immediately capture the escaped pet.

35(d) If an escaped pet has not been captured despite reasonable
36efforts, ensuring that all material facts regarding the pet’s escape
37are reported to the local agency for animal control and to the owner.

38(e) Ensuring that the pet boarding facility’s interior building
39surfaces, including walls and floors, are constructed in a manner
40that permits them to be readily cleaned and sanitized.

P4    1(f) Ensuring that light, by natural or artificial means, is
2distributed in a manner that permits routine inspection and cleaning,
3and the proper care and maintenance of the pets.

4(g) If pet grooming services are offered by a pet boarding
5facility, separating the grooming work area from the pet boarding
6facility’s permanent or fixed and temporary enclosures and
7ensuring that the grooming areasbegin delete isend deletebegin insert areend insert cleaned and sanitized at
8least once daily.

9(h) Storing food in an area separate from permanent or fixed
10enclosures or temporary enclosures.

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

12

122382.  

(a) Each permanent or fixed and temporary enclosure
13shall comply with all of the following standards:

14(1) Be structurally sound and maintained in good repair to
15protect the enclosed pet from injury, to contain the pet, to keep
16other animals out, and to promote the health and well-being of the
17pet.

18(2) Be maintained in a comfortable and sanitary manner. When
19being cleaned in a manner or with a substance that is or may be
20harmful to a pet within the enclosure, that pet shall be removed
21from the enclosure.

22(3) Be constructed of material suitable for regular cleaning and
23sanitizing.

24(4) As needed to ensure the comfort and well-being of the pet,
25provide heating, cooling, lighting, ventilation, shade, and protection
26from the elements, including, but not limited to, the sun, wind,
27rain, and snow.

28(5) Allow a pet to turn around freely, stand easily, and sit or lie
29down in a comfortable position.

30(b) Each enclosure is either a permanent or fixed enclosure or
31a temporary enclosure.

32(c) In addition to the requirements set forth in subdivision (a),
33a permanent or fixed enclosure for a cat shall provide an elevated
34platform appropriate for the size of the cat.

35(d) A pet may be contained in a temporary enclosure for a period
36not to exceed 4 hours during the day and 12 hours at night or the
37length of time that is humane for that particular pet, whichever is
38less. However, the pet shall remain outside the temporary enclosure
39for no less than the amount of time needed for the pet to eliminate
40its waste.

P5    1

122383.  

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 nutritious food in quantities and at
15intervals suitable for that pet.

begin delete

16(e) Provide each pet with at least one enrichment device or
17activity that is appropriate for the age, size, and condition of the
18pet unless otherwise directed in writing by the owner.

end delete
begin insert

19
(e) Provide each pet daily with enrichment sufficient to maintain
20the behavioral health of the pet.

end insert

21(f) Maintain and abide by written policies and procedures that
22address animal care, management and safe handling, disease
23prevention and control, routine care, preventive 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
29all employees.

30(g) Isolate those pets that have or are suspected of having a
31contagious condition.

32(h) Ensure that each sick or injured pet is immediately provided
33with appropriate care and, if prudent, veterinary treatment.

34(i) Ensure that the owner of a pet is notified immediately that
35his or her pet is sick or injured unless the owner has indicated in
36writing that notification of any, or a particular, type of illness or
37injury is not required.

38(j) In the event of a natural disaster, an emergency evacuation,
39or other similar occurrence, ensure that the humane care and
P6    1treatment of each animal is provided for, as required by this
2chapter, to the extent access to the pet is reasonably available.

3

122384.  

(a) A pet boarding facility operator shall provide each
4owner with written information describing all of the following:

5(1) Days and times during which the pet boarding facility
6permits pets to be dropped off and picked up.

7(2) Days and times during which personnel are onsite.

8(3) The square footage of the permanent or fixed and temporary
9enclosures in which the species of pet that the owner is boarding
10is customarily contained.

11(4) General observation practices during each 24-hour period
12for the species of pet that the owner is boarding is customarily
13 observed by personnel.

14(5) The pet boarding facility’s customary daily activity schedule
15for the species of pet that the owner is boarding.

16(b) If the pet boarding facility will materially deviate from the
17customary practices described in the written information required
18by subdivision (a) with respect to an owner’s pet, the pet boarding
19facility operator shall disclose those deviations to the owner or
20patron, as appropriate.

21

122385.  

A pet boarding facility shall maintain either of the
22following:

23(a) A fire alarm system that is connected to a central reporting
24station that alerts the local fire department in case of fire.

25(b) A fire suppression sprinkler system.

begin delete
26

122386.  

A pet boarding facility operator who violates any
27provision of this chapter is guilty of an infraction punishable by a
28fine not to exceed two hundred fifty dollars ($250) for the first
29violation and by a fine not to exceed one thousand dollars ($1,000)
30for each subsequent violation. The court shall weigh the gravity
31of the offense in setting the penalty.

end delete
begin insert
32

begin insert122386.end insert  

(a) An animal control officer, as defined in Section
33830.9 of the Penal Code, a humane officer qualified pursuant to
34Section 14502 or 14503 of the Corporations Code, or a peace
35officer who detects a violation of Sections 122380 to 122385,
36inclusive, if he or she decides the violation warrants formal action,
37shall issue a single notice to correct that shall contain all of the
38following information:

39
(1) Specify each violation of this chapter found in the inspection.

40
(2) Identify the corrective action for each violation.

P7    1
(3) Include a specific period of time during which the listed
2violation or violations are to be corrected.

3
(b) After issuing a notice to correct pursuant to this section, the
4officer or another qualified officer of the issuing agency shall
5verify compliance with this chapter by conducting a subsequent
6investigation of the pet boarding facility within a reasonable period
7of time.

8
(c) An exact, legible copy of the notice to correct shall be
9delivered to the pet boarding facility operator at the time he or
10she signs the notice. In the alternative, the issuing agency may
11personally deliver the notice to the operator within 48 hours of its
12issuance, excluding holidays and weekends. The signing of the
13notice is an acknowledgment of receipt and does not constitute an
14admission of guilt.

15
(d) A pet boarding facility operator who is verified to have
16complied with a notice to correct shall not be subject to subdivision
17 (g).

18
(e) A pet boarding facility operator who violates the same
19provision of this chapter on more than one occasion within a
20five-year period is not eligible to receive a notice to correct, and
21is guilty of an infraction on the second violation, and is guilty of
22a misdemeanor on the third or subsequent violation.

23
(f) Notwithstanding subdivision (a), a pet boarding facility
24operator that causes or allows harm or injury to an animal, or
25allows an animal to be subject to an unreasonable risk of harm
26or injury is guilty of a misdemeanor.

27
(g) Except as provided in subdivisions (e) and (f), a pet boarding
28facility operator who violates any provision of this chapter is guilty
29of an infraction punishable by a fine not to exceed two hundred
30fifty dollars ($250) for the first violation and by a fine not to exceed
31one thousand dollars ($1,000) for each subsequent violation. The
32court shall weigh the gravity of the offense in setting the penalty.

end insert
33

122387.  

(a) Nothing in this chapter shall be construed to in
34any way limit or affect the application or enforcement of any other
35law that protects animals or the rights of consumers, including,
36but not limited to, Section 597 of the Penal Code.

37(b) Nothing in this chapter limits, or authorizes any act or
38omission that violates, Section 597 of the Penal Code, or any other
39local, state, or federal law that protects animals or the rights of
40consumers.

P8    1

122388.  

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.

5

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
13Constitution.



O

    94