BILL ANALYSIS Ó
SB 945
Page 1
Date of Hearing: June 21, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
SB 945(Monning) - As Amended June 09, 2016
SENATE VOTE: 32-0
SUBJECT: Pet boarding facilities
SUMMARY: Establishes standards for pet boarding facilities and
pet boarding operators, as specified.
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 for 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 (HSC) Section 122350, et seq.)
2)Deems an animal "abandoned" if an animal is delivered to any
veterinarian, dog kennel, cat kennel, pet-grooming parlor,
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animal hospital, or any other animal care facility pursuant to
a written or oral agreement and the owner does not pick up the
animal within 14 calendar days after the day the animal was
due to be picked up. (Civil Code (CC) Section 1834.5)
3)Requires the person into whose care the animal was placed to
first try for a period of not less than 10 days to find a new
owner for the animal, and, if unable to place the animal with
a new owner, humanely destroy the animal. (CC Section 1834.5)
4)Requires a veterinarian to humanely destroy an abandoned
animal, if the abandoned animal was left with a veterinarian
or with a facility which has a veterinarian, and a new owner
cannot be found. (CC Section 1834.5)
THIS BILL:
5)Defines "person" to mean an individual, partnership, firm,
limited liability company, joint-stock company, corporation,
association, trust, estate, or other legal entity.
6)Defines "pet" to mean any nonhuman animal housed in the pet
boarding facility including, but not limited to, mammals,
birds, reptiles and amphibians, but does not include a horse.
7)Defines "pet boarding facility" to mean any lot, building,
structure, enclosure, or premises whereupon four or more dogs,
cats, or other pets in any combination are boarded for
compensation, but 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
registered veterinary facility.
8)Defines a "pet boarding facility operator" to mean a person
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who owns or operates, or both, a pet boarding facility.
9)Defines a "permanent or fixed enclosure" to mean 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.
10)Defines a "temporary enclosure" to mean 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 product.
11)Requires each pet boarding facility operator to be
responsible for all of the following:
a) Ensuring the entire pet boarding facility, including all
equipment therein, is structurally sound and maintained in
good 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 the 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;
d) 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;
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e) 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) If grooming services are offered by a pet boarding
facility, separating the grooming work area from the pet
boarding facility's permanent or fixed or temporary
enclosures and ensuring that the grooming area is cleaned
and sanitized at least once daily;
g) Storing food in an area separate from permanent or fixed
enclosures or temporary enclosures; and,
h) Maintaining an area for isolating sick pets from healthy
pets.
12)Requires each permanent and fixed enclosure and temporary
enclosure to comply with all of the following:
a) 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;
b) Be maintained in a comfortable and sanitary manner, and
when being cleaned in a manner or with a substance that is
or may be harmful to a pet within the enclosure, the pet
must be removed from the enclosure;
c) Be constructed of material suitable for regular cleaning
and sanitizing;
d) Provide heating, cooling, lighting, ventilation, shade,
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and protection from the elements, as needed to ensure the
comfort and well-being of the pet; and,
e) Allow a pet to turn around freely, stand easily, and sit
or lie down in a comfortable position.
13)Requires each enclosure to be either a permanent or fixed
enclosure or a temporary enclosure.
14)Requires a permanent or fixed closure for a cat to provide an
elevated platform, as specified.
15)States that 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; and the pet must remain
outside the temporary enclosure for no less than the amount of
time needed for the pet to eliminate its waste.
16)Requires a pet boarding facility operator to 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
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well-being; however, water may be restricted as directed by
the owner or a licensed veterinarian;
d) Provide each pet with nutritious food in quantities and
at the 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, recovery that are applicable to the
location of the pet boarding facility which must be
reviewed with each employee providing animal care, and must
be available in writing in the facility and available to
all employees;
g) Isolate 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;
and,
i) 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 specified, to the extent access to the pet is reasonably
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available.
17)Requires a pet boarding facility operator to provide each
owner with written information describing all of the
following:
a) Days and times during which the pet boarding facility
permits pets to be dropped off and picked up;
b) Days and times during which no personnel is on site;
c) The square footage of the permanent or fixed enclosures
and temporary enclosures in which the species of pet that
the owner is boarding is customarily observed by personnel;
d) The number of times and at which intervals during each
24-hour period the breed of pet that the owner is boarding
is customarily contained; and,
e) The pet boarding facility's customary daily activity
schedule for the breed of pet that the owner is boarding.
18)Requires the pet boarding facility operator to disclose to
the owner any deviation from the customary practices.
19)Requires a pet boarding facility to maintain either a fire
alarm system that is connected to a central reporting station
that alerts the local fire department in case of a fire, or a
fire sprinkler suppression sprinkler system.
20)States that a pet boarding facility operator who violates any
provision of the pet boarding requirements specified above is
guilty of an infraction, punishable by a fine not to exceed
$250 for the first violation and by a fine not to exceed
$1,000 for each subsequent violation, as specified.
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21)States that the above provisions do not limit or affect the
application or enforcement of any other law that protects
animals or the rights of consumers, as specified.
22)Specifies that a city, county, or city and county may adopt
ordinances that establish additional standards and
requirements for a pet boarding facility.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, this bill will result
in negligible state costs.
COMMENTS:
Purpose. This bill creates a statewide standard for the
operational requirements of pet boarding facilities and facility
operators. This bill is sponsored by the State Humane
Association of California . According to the author, "[This
bill] 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 facilities with
clear guidance, help ensure the safety and wellbeing of pets,
and provide protection to pet-owning consumers."
Background. Pet Boarding Facility Regulation. Unlike pet
stores, pet boarding facilities, also referred to as "kennels",
are not uniformly regulated throughout the state. California
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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, among other related matters. Local
jurisdictions are responsible for enacting ordinances pertaining
to the operation and control of pet boarding facilities. For
example, the City of Newport Beach requires the operator of a
kennel to obtain a permit from the city. In California, because
pet boarding facilities are not licensed, and therefore not
directly regulated by a state agency, enforcement is complaint
driven.
The Lockyer-Polanco-Farr Pet Protection Act (Pet Protection
Act), pertains to the regulation of the retail sale of dogs and
cats, but does not specifically address pet boarding facilities
(HSC Section 122155). As part of the Pet Protection Act, pet
dealers are required to maintain facilities where dogs are kept
in sanitary conditions, provide dogs with adequate nutrition and
water, adequate space appropriate to the age, size and weight of
the dog, provide dogs with adequate socialization and exercise,
and requires a fire alarm system connected to a central
reporting station that alerts the local fire department or
maintain a fire suppression sprinkler system, among other
requirements. A number of the requirements for facilities in
the Pet Protection Act are similar to the provisions in this
bill. Currently, under California Building Code Section 431
only those pet kennels regulated under the Pet Protection Act
are required to adhere to the specified automatic sprinkler
system requirements.
The author notes that because there is no existing law regarding
the standards of operating a pet boarding facility, if something
were to go wrong with an animal being cared for at a facility,
there is no enforcement recourse for the consumer. This bill
seeks to establish a new statewide minimum standard for the
operation of a pet boarding facility. However, as currently
drafted, this bill does not prohibit a city, county, or city and
county from adopting an ordinance that establishes additional
standards and requirements
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Issues at Pet Boarding Facilities. Recent news articles and
reports have highlighted issues in pet boarding facilities which
have led to animal death or harm. On May 10, 2016, KTLA 5
reported that the owner of a five year old Yorkshire terrier was
mauled to death by another dog while staying at a boarding
facility in Corona. In 2015, a fire at a pet boarding facility
killed 14 dogs in Monterey. ABC 7 reported in January of 2016,
that an injured dog found near the highway in Brentwood was
reunited with his family after escaping from a boarding
facility. This bill places requirements on pet boarding
facilities including fire systems and a notification protocol
for animals that may be harmed or escape.
Other states. There are federal laws which establish the
minimum standards for the care of cats and dogs by commercial
breeders, but do not necessarily pertain to pet boarding
facilities. Some states have enacted regulations that may be
more stringent than what is required under federal statutes
specifically applicable to breeders. In addition, at least
three other states have established uniform requirements for pet
boarding facilities. Colorado, Connecticut, and Massachusetts
have established standards for the operation of pet boarding
facilities. Standards in those states include specifications
related to enclosure requirements, protection from inclement
weather, flooring standards for cages, specifications for
lighting and sanitation, requirements for clean and fresh water,
and maintaining general humane conditions, among others.
Prior Related Legislation. AB 1810 (Maienschein), Chapter 86,
Statutes of 2014, permits a veterinarian or animal care facility
to turn over an abandoned animal to a public animal control
agency or shelter rather than euthanize it, as long as the
shelter has not refused to take the animal, and deletes the
requirement that an abandoned animal be euthanized 10 days after
abandonment.
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SB 969 (Vargas) of 2012, would have established the California
Pet Grooming Council to administer a voluntary pet groomer and
pet bather and brusher certificate program, until January 1,
2017. Status: This bill was held in the Assembly Committee on
Appropriations.
AB 490 (Smyth), Chapter, 446, Statutes of 2009, revised the
guidelines by which a pet store operator or employee may
euthanize rodents and rabbits intended as food for another
animal, and modifies the definition of a pet store, as
specified.
AB 1347 (Caballero), Chapter 703, Statutes of 2007, enacted the
Pet Store Animal Care Act (Act) that would establish 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.
ARGUMENTS IN SUPPORT:
The State Humane Association of California writes in support,
"There are no standards articulated in the statute relative to
the conditions and care that animal boarding facilities must
provide to pet owners and pets. Several high-profile and very
tragic events have occurred at such facilities in recent
memory?without a doubt, if standards of care and requirements
regarding the state of repair for those facilities had been met,
these events would not have transpired."
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The Beagle Freedom Project writes in support, "[This bill]
addresses a real deficiency of law. There are no appropriate
guidelines for such elements of pet boarding care and
maintenance like the size of the enclosure, sanitation,
provisions of enrichment devices, health of pet, and safety."
ARGUMENTS IN OPPOSITION:
The California Retailers Association is supportive if amended
and writes, "A few areas of concern remain and we are seeking
clarification to ensure the provision of basic activities
satisfies the requirement to provide either enrichment devices
or activities. Furthermore, our members are concerned about
Section 122388, which allows local municipalities to adopt
additional standards and requirements for pet boarding
facilities. We understand this is a restatement of current law,
however, our members have struggled with a disjointed patchwork
of requirements on various other issues."
POLICY ISSUES:
This bill requires a pet boarding facility operator to provide
each pet with an enrichment device or activity that is
appropriate for the age, size and condition of the pet. As
currently drafted, it is unclear what would constitute an
"activity." Many boarding facilities offer additional paid
services for pets including extra walks, off-leash play,
multi-dog playgroups, treadmill walks, among others. It is
unclear if a required activity would be included as part of
those additional services which are typically not included in
the basic boarding rate. The author may wish to clarify.
REGISTERED SUPPORT:
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State Humane Association of California (sponsor)
Beagle Freedom Project
Central California Society for Prevention of Cruelty to Animals
REGISTERED OPPOSITION:
The California Retailers Association
Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301