BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: SB 945 Hearing Date: April 4,
2016
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|Author: |Monning |
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|Version: |March 29, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Nicole Billington |
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Subject: Pet boarding facilities
SUMMARY: Establishes facility standards and operation
guidelines for pet boarding facilities including the sound
construction and sanitary maintenance of enclosures, maximum
hours a pet may be left unobserved, number of pets allowed in an
enclosure, and availability of food and water. Provides for
consumer notice requirements and creates an infraction
punishable by a fine for violation of this chapter.
Existing law:
1)Enacts the Pet Store Animal Care Act (Act) that
establishes procedures for the care and maintenance of
animals in the custody of a pet store and details the
responsibilities of the pet shop, the standards for
enclosures, animal care requirements, record keeping,
standards keeping the animals healthy including
veterinary care, euthanasia standards and disclosures
that must be made to a person who purchases a pet.
Provides for a "notice to correct" and monetary
misdemeanor penalties for specified violations of this
Act.
(Health and Safety Code § 122350 et seq.)
2)Establishes that an act of malicious and intentional maiming,
mutilating, torturing, wounding, or killing of an animal is
punishable as a misdemeanor or felony and fine of not more
than $20,000. (Penal Code § 597)
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This bill:
1)Defines "pet boarding facility" as any lot, building,
structure, enclosure, or premises where four or more dogs,
cats, or other pets in any combination are boarded for
compensation, excluding city, county, or city and county
animal control agency, society for prevention of cruelty to
animals, or humane society that contracts for the care of
stray or abandoned cats.
2)Defines "temporary enclosure" as a structure used to restrict
a pet that does not provide for the effective separation of a
pet from the pet's waste products. Requires that temporary
enclosures allow the pet to turn about freely, stand easily,
and sit or lie down in a comfortable position.
3)Defines "permanent enclosure" as 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.
4)Requires that a boarded pet be contained in a temporary
enclosure for a period not to exceed four hours during the
day, 12 hours at night, or the length of time that is humane
for that particular pet, whichever is less, and that the pet
remain outside the temporary enclosure for no less than the
amount of time needed for the pet to eliminate its waste.
5)Requires pet boarding facility operator to:
a) Ensure that the entire pet boarding facility is
structurally sound and maintained in good repair.
b) Ensure 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) Ensure pets are contained within the facility, and, in
the event that a pet escapes, report this fact immediately
to the local animal control agency and the owner and make
reasonable efforts to immediately capture the escaped pet.
d) Ensure that the pet boarding facility's interior
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building surfaces, including walls and floors, are
constructed in a manner that permits them to be readily
cleaned and sanitized.
e) Ensure that light, by natural or artificial means, is
distributed in a manner that permits routine inspection and
cleaning, as well as the proper care and maintenance of
pets.
f) Separate the grooming work area from the pet boarding
facility's primary enclosures, pet food storage areas, and
isolation areas, as well as clean and sanitize the grooming
area at least once daily, if grooming services are offered
by the pet boarding facility.
1)Requires that each primary and temporary enclosure:
a) Be structurally sound and maintained in good repair to
protect the enclosed pet from injury, to contain the pet,
to keep out other animals, and to promote the health and
well-being of the pet.
b) Be maintained in a comfortable and sanitary manner. A
pet must be removed from the enclosure when being cleaned
in a manner or with a substance that is or may be harmful
to the pet.
c) Be constructed of a material suitable for regular
cleaning and sanitizing.
d) Provide heating, cooling, lighting, ventilation, shade,
and protection from the sun, wind, rain, and snow as needed
to ensure the comfort and well-being of the pet.
1)Requires a pet boarding facility operator to comply with 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
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every 24 hours, in order to recognize the signs of
sickness, injury, or distress and 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 impractical, 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 the quantities and at the
intervals suitable for that pet.
e) Provide each pet with at least one enrichment device
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. Review these
procedures with each employee who provides animal care.
Make a copy, either electronically or physically, available
to all employees and present in the facility.
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.
i) 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, in the event of
a natural disaster, an emergency room evacuation, or other
similar occurrence.
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1)Establishes that an operator must provide, in writing:
a) Times, if any, when there will be no personnel on site.
b) The square footage of any primary and temporary
enclosures in which the pet will be contained.
c) The number of times and at which intervals during each
24-hour period the pet will be observed by personnel.
d) The pet's anticipated daily activity schedule, including
the length of time the pet will spend in and out of primary
and temporary enclosures, the time or times at which the
pet will be fed, and the opportunities the pet will have to
exercise and eliminate bodily waste.
1)Prohibits persons convicted of an infraction, misdemeanor or
felony related to the welfare of animals from operating or
being employed by a pet boarding facility.
2) Makes violation of any provision of the chapter guilty of an
infraction punishable by a fine not to exceed $250 for the
first violation and not to exceed $1,000 for each subsequent
violation.
FISCAL EFFECT: Unknown. This bill is keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1.Purpose. The Sponsor of this measure is the State Humane
Association of California . According to the Author, SB 945
would establish minimum standards for the care of pets while
they are in boarding facilities, as current law is silent on
animal and consumer protections relating specifically to pet
boarding facilities. Pet owners who board their pets may be
unaware that California law does not establish minimum
standards of care for conditions at pet boarding facilities
such as quantity of food and water, limitations on the time
pets spend in cages, veterinary care, or emergency evacuation
plans. This bill would provide operators of pet boarding
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facilities with clear guidance, help ensure the safety and
wellbeing of pets, and provide protection to pet-owning
consumers.
2.Incidents of Harm. In recent years, several incidents
resulting in harm to pets have occurred at unregulated pet
boarding facilities. In 2012, seven dogs were killed in a
fire at a pet boarding facility in San Luis Obispo that burned
through three kennels in the early morning. Just three years
later, in July of 2015, 15 dogs died in a fire at a pet spa in
Monterey. In January of this year, a dog escaped from a
Brentwood based pet boarding facility, whose operator failed
to contact animal control authorities in a timely manner. The
dog sustained multiple injuries after escaping from the
facility and was reunited with her owner only after a private
citizen found and turned her into the Contra Costa County
Animal Services.
3.Consumer Protection. Although some large cities have animal
control ordinances, the primary state law for the protection
of animals in pet boarding facilities is California Penal Code
Section 597, which gives local animal control officers general
authority to prosecute the inhumane treatment of animals
through the local judicial system as misdemeanors. Section 597
is brief, written very generally, and, as such, is primarily
used for serious mistreatment of animals. California law does
not provide detail on the daily operating practices of pet
boarding facilities, such as what constitutes appropriate
animal enclosures, feeding, watering, general health
veterinary treatment, record keeping, and other related
matters. In California, because pet boarding facilities are
not licensed, and therefore not directly regulated by a state
agency, enforcement is complaint driven. Local animal control
agencies provide the primary enforcement, by responding to
complaints and referring violations to the district attorney's
office.
Proponents of this bill argue that the failure to provide
regulation of the day to day operations of pet boarding
facilities is a gap in the law that allows for consumer and
animal harm.
4.Prior Related Legislation. AB 1347 (Caballero, Chapter 703,
Statutes of 2007) enacted the Pet Store Animal Care Act to
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establish procedures for the care and maintenance of animals
in the custody of a pet store and detail the responsibilities
of the pet shop, the standards for enclosures, animal care
requirements, record keeping standards, euthanasia standards,
and disclosures that must be made to a person who purchases a
pet and provided for monetary misdemeanor penalties for
specified violations.
5.Arguments in Support. Social Compassion in Legislation is in
support of this measure and believes that the procedures and
requirements for pet boarding facilities will provide
important improvements to the overall health and safety of
pets.
6.Arguments in Opposition. Rover.com had an oppose unless
amended position on this bill and was concerned the definition
of "pet boarding facility" as any premise with two or more
dogs was too restrictive and believed that it would have an
impact on the pet sitting services they facilitate. They
argued that raising the pet number to four would be more
consistent with exiting California law. The measure has been
amended to four or more dogs to address this concern.
The Animal Council is opposed to this bill and are concerned
that the standards and requirements for pet boarding
facilities would be confusing and disruptive to the businesses
which provide such care to animals since pet boarding is
highly fragmented , poorly organized and involves radically
different business models, setting and locations. Some
involve extensive capital investment in high value land,
permitting and construction while others might be caring for
one other person's pets in the caretaker's home with no extra
investment or accommodations. Having to meet such diverse
standards and procedures and possible criminal violations for
non-compliance would be a barrier to many other things
involving animals including employment, licensure and even
ownership and have impact on preserving existing operations
that are greatly needed by the public. Any approach should
balance the need of the operators with the realities of pet
boarding.
SUPPORT AND OPPOSITION:
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Support:
Beagle Freedom Project
State Humane Association of California
Oppose Unless Amended: (Prior to 3/29 amendments)
Rover.com
Opposition:
The Animal Council
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