BILL NUMBER: SB 1785 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 1998
AMENDED IN SENATE APRIL 14, 1998
INTRODUCED BY Senator Hayden
(Coauthor: Senator O'Connell)
FEBRUARY 18, 1998
An act to amend Sections 1815, 1816, 1834, 1840, 1845, 1846, 1847,
and 2080 of, and to add Section 1834.4 to, the Civil Code, to amend
Sections 31108, 31752, and 32001 of, and to add Sections 17005,
31753, 31754, 32002, and 32003 to, the Food and Agricultural Code,
and to amend Sections 597, 597.1, and 597t of, and to add Section
599d to, the Penal Code, relating to stray animals.
LEGISLATIVE COUNSEL'S DIGEST
SB 1785, as amended, Hayden. Stray animals: duties of pounds and
shelters.
Existing law specifies the rights and duties of persons who find
lost property of another or who, either voluntarily or involuntarily,
are the depositaries of the property of another. Existing law
provides that involuntary depositaries are entitled to no reward for
the thing deposited; however, finders are entitled to reasonable
compensation for saving and taking care of the property.
Existing law requires finders of lost property that has a value in
excess of $100 to turn the property over to the police or sheriff and
file an affidavit if the owner is unknown or the property is
unclaimed within a reasonable time, and specifies procedures to be
followed by the police or sheriff regarding the further disposition
of the property.
This bill would set forth the findings of the Legislature with
respect to animal shelters, humane organizations, lost or stray
animals, and neuter programs, declare the policy of the state with
respect to adoptable and treatable animals, as specified, and set
forth the intent of the bill. The bill would (1) provide that (a) a
person, or public or private entity that holds a stray, live animal
shall be deemed an involuntary depositary; and (b) all depositaries
and persons who take possession of live animals have a duty to
provide them with necessary and prompt veterinary care, nutrition,
and shelter, and to treat them kindly and failure to do so may
subject the depositary or finder to civil and criminal penalties, as
specified; (2) exclude depositaries of live animals from the
provision that involuntary depositaries are entitled to no
consideration; and (3) specify that the provisions regarding
the delivery of lost property to the police or sheriff and the
further disposition by them shall not apply to live animals. The bill
would also require a public depositary of a stray live
animal to take charge of it, as specified.
Existing law provides that no dog or cat impounded by a public
pound or specified shelter shall be killed before 72 hours have
elapsed from the time of impounding.
This bill would expand this minimum impound time to 6 business
days, as specified, and would require that the animal be released to
a nonprofit animal rescue or adoption organization in specified
circumstances. The bill would also provide that the impounding
time periods and the care, redemption, and adoption requirements
applicable to dogs and cats shall also apply to other specified
animals.
Existing law requires public pounds and specified shelters to
provide owners and finders of certain lost animals
with specified services to restore the lost animals to their owners.
Existing law specifies that these requirements are not mandatory
duties and do not create a cause of action against public entities or
employees.
This bill would declare that the duty to provide these services is
a mandatory duty , applies to all animals, and
creates a cause of action against public entities or employees. The
bill would require public pounds and specified agencies to provide
impounded animals with, nutrition, shelter, exercise, and veterinary
care, and to treat them kindly, and would specify that these duties
are mandatory and any entity or employee that fails these duties may
be subject to civil and criminal penalties, as specified. The bill
would also require these pounds and shelters to keep specified
records regarding impounded animals.
Because this bill would expand the scope of an existing crime and
impose new duties on local officials, it would create 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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. (a) The Legislature finds and declares the following:
(1) Public and private shelters and humane organizations share a
common purpose in saving animals' lives, preventing animal suffering,
and eliminating animal abandonment.
(2) Public and private shelters and humane groups should work
together to end euthanasia of adoptable and treatable animals by
2010.
(b) The Legislature finds and declares the following:
(1) Redemption of owned pets and adoption of lost or stray
adoptable animals is preferable to incurring social and economic
costs of euthanasia.
(2) Shelters should be open during hours that permit working pet
owners to redeem pets during nonworking hours.
(3) Shelters should aggressively promote spay and neuter programs
to reduce pet overpopulation.
(4) Shelters should not adopt out animals that are not spayed or
neutered.
(5) Public shelters should work with humane animal adoption
organizations to the fullest extent possible to promote the adoption
of animals and to reduce the rate of killing.
(c) The intent of this act is to do all of the following:
(1) Shift the focus of shelters from killing to owner redemption
and adoption by making recordkeeping mandatory to aid in owner
redemption, providing owner relinquished pets the same holding period
as stray animals to allow for adoption, and providing for an
explicit adoption period.
(2) Consolidate and list clear guidelines for care and treatment
for animals held in shelters.
(3) Extend public shelter responsibilities from dogs and cats to
all other legal pets.
(4) Make shelters accountable to pet owners and the public for
records and the care of animals in their possession.
(5) Make clear that shelter responsibilities are the
same as those legally assumed by a person who voluntarily picks up an
animal.
(d) The Legislature finds and declares that statutory law
prescribes the type of treatment that private citizens must extend to
stray animals they voluntarily pick up and that public and private
animal shelters should be held to the same legal duties as those that
exist for private citizens.
(e) The Legislature finds and declares that it is better to have
public and private shelters pick up or take in animals than private
citizens. The Legislature further finds that the taking in of
animals is important for public health and safety, to aid in the
return of the animal to its owner, and to prevent inhumane conditions
for lost or free roaming animals.
(f) The Legislature finds and declares that shelters should be
required by law to take in lost animals and properly care for them
with prompt veterinary care, adequate nutrition, shelter, exercise,
and water.
(g) The Legislature finds and declares that shelters receiving
animals that have identification should make reasonable attempts to
notify the owner of the animal's location.
(h) The Legislature finds and declares that the duties of shelters
to properly care for an animal do not cease if the owner of a lost
animal does not claim the animal ; , and
the shelter should have the duty to make the animal available for
adoption for a reasonable period of time and to care properly for the
animal during this period.
(i) The Legislature finds and declares that lost animals should be
held for a period of time to ensure that the owner has proper access
to redeem the animal.
SEC. 1.5. Section 1815 of the Civil Code is amended to read:
1815. An involuntary deposit is made:
(a) By the accidental leaving or placing of personal property in
the possession of any person, without negligence on the part of its
owner.
(b) In cases of fire, shipwreck, inundation, insurrection, riot,
or like extraordinary emergencies, by the owner of personal property
committing it, out of necessity, to the care of any person.
(c) By the delivery to, or pick up by, and the holding of, a stray
live animal by any person, or public or private entity.
SEC. 2. Section 1816 of the Civil Code is amended to read:
1816. (a) The person or private entity with whom a thing is
deposited in the manner described in Section 1815 is bound to take
charge of it, if able to do so.
(b) A public agency or shelter with whom a thing is deposited in
the manner described in Section 1815 is bound to take charge of it.
As to public agencies or shelters, financial constraints do not
excuse compliance with this section. Public shelters shall provide
adequate facilities or resources to comply with this chapter.
SEC. 3. Section 1834 of the Civil Code is amended to read:
1834. A depositary of living animals shall provide the animals
with necessary and prompt veterinary care, nutrition, and shelter,
and treat them kindly. Any depositary that fails to perform these
duties may, in addition to any other liability or penalty permitted
by law, be liable for civil damages, including, but not limited to,
damages for the loss of a companion animal, and may also be subject
to criminal penalties as provided by law.
SEC. 3.5. Section 1834.4 is added to the Civil Code, to read:
1834.4. (a) It is the policy of the state that no adoptable
animal should be euthanized if it can be adopted into a suitable
home. Adoptable animals include only those animals eight weeks of
age or older that at, , at or
subsequent to , the time the animal is impounded
or otherwise taken into possession, have manifested no sign of a
behavioral or temperamental defect that could pose a health or safety
risk or otherwise make the animal unsuitable for placement as a pet,
and have manifested no sign of disease, injury, congenital,
or congenital or hereditary condition that
adversely affects the health of the animal , or
that is likely to adversely affect the animal's health in the future.
(b) It is the policy of the state that no treatable animal should
be euthanized. A treatable animal shall include any animal that is
not adoptable but that could become adoptable with reasonable
efforts.
SEC. 4. Section 1840 of the Civil Code is amended to read:
1840. Except as provided in Section 1834, the liability of a
depositary for negligence may not exceed the amount the depositary is
informed by the depositor, or has reason to suppose, that the thing
deposited is worth except as to situations involving living animals.
In those situations, the depositary may be held liable for the
financial and emotional consequences to the owner of the depositary's
failure to comply with this section and the anticruelty provisions
of the Penal Code.
SEC. 5. Section 1845 of the Civil Code is amended to read:
1845. An involuntary deposit is gratuitous, the depositary being
entitled to no reward. However, this section does not apply to the
involuntary deposit of any live animal.
SEC. 6. Section 1846 of the Civil Code is amended to read:
1846. (a) A gratuitous depositary must use, at least, slight care
for the preservation of the thing deposited.
(b) A gratuitous depositary of a living animal shall provide the
animal with necessary and prompt veterinary care, adequate nutrition
and water, and shelter, and shall treat it kindly and, if the animal
has any identification, make reasonable attempts to notify the owner
of the animal's location. Any such
gratuitous depositary that does not have sufficient resources
or desire to provide that care , shall promptly
turn the animal over to an appropriate care facility.
(c) If the gratuitous depositary of a living animal is a public
pound, shelter operated by a society for the prevention of cruelty to
animals, or humane shelter, the depositary shall, in addition to the
duties set forth in subdivision (b), comply with all other
requirements of the Food and Agricultural Code regarding the
impounding of live animals. Any of these entities that fails to
perform the duties specified in this subdivision may, in addition to
any other liability or penalty permitted by law, be liable for civil
damages, including, but not limited to, damages for the loss of a
companion animal, and may also be subject to criminal penalties as
provided by law.
SEC. 7. Section 1847 of the Civil Code is amended to read:
1847. The duties of a gratuitous depositary cease:
(a) Upon restoration by the depositary of the thing deposited to
its owner.
(b) Upon reasonable notice given by the depositary to the owner to
remove it, and the owner failing to do so within a reasonable time.
But an involuntary depositary, under subdivision (b) of Section
1815, may not give notice until the emergency that gave rise to the
deposit is past. This subdivision shall not apply to a public pound,
a shelter operated by a society for the prevention of cruelty to
animals, or a humane shelter. The duty to provide care, as required
by Section 1846, continues until the public pound or private shelter
is lawfully relieved of responsibility for the animal.
SEC. 8. Section 2080 of the Civil Code is amended to read:
2080. Any person who finds a thing lost is not bound to take
charge of it, unless the person is otherwise required to do so by
contract or law, but when the person does take charge of it he or she
is thenceforward a depositary for the owner, with the rights and
obligations of a depositary for hire. Any person or any public or
private entity that finds and takes possession of any money, goods,
things in action, or other personal property, or saves any domestic
animal from harm, neglect, drowning, or starvation, shall, within a
reasonable time, inform the owner, if known, and make restitution
without compensation, except a reasonable charge for saving and
taking care of the property. Any person who takes possession of a
live domestic animal shall provide for kind treatment of the animal
as provided in Sections 1834 and 1846.
SEC. 8.5. Section 17005 is added to the Food and Agricultural
Code, to read:
17005. (a) It is the policy of the state that no adoptable animal
should be euthanized if it can be adopted into a suitable home.
Adoptable animals include only those animals eight weeks of age or
older that at, , at or subsequent to
, the time the animal is impounded or otherwise
taken into possession, have manifested no sign of a behavioral or
temperamental defect that could pose a health or safety risk or
otherwise make the animal unsuitable for placement as a pet, and have
manifested no sign of disease, injury, congenital,
or congenital or hereditary condition that
adversely affects the health of the animal , or
that is likely to adversely affect the animal's health in the future.
(b) It is the policy of the state that no treatable animal should
be euthanized. A treatable animal shall include any animal that is
not adoptable but that could become adoptable with reasonable
efforts.
SEC. 9. Section 31108 of the Food and Agricultural Code is amended
to read:
31108. (a) No dog that is impounded pursuant to this division
shall be killed before six business days have elapsed from the time
of the taking up of the dog, not including the day of impoundment.
The dog shall be available for redemption by the owner for three
business days and available for owner redemption or adoption for the
following three business days.
(b) Any dog that is impounded pursuant to this division shall,
upon expiration of the holding period described in subdivision (a) or
prior to killing the animal for any reason other than irremediable
suffering, be released without cost, excluding a reasonable spay or
neuter deposit, to a nonprofit animal rescue or adoption organization
if requested by the organization prior to the expiration of that
holding period or the scheduled killing of the animal.
(b) Any stray dog that is impounded pursuant to this division
shall, prior to the killing of that animal for any reason other than
irremediable suffering, be released to a nonprofit animal rescue or
adoption organization if requested by the organization prior to the
scheduled killing of that animal. At the discretion of the shelter,
it may assess the standard adoption fee for animals released.
SEC. 10. Section 31752 of the Food and Agricultural Code is
amended to read:
31752. (a) No stray cat that has been impounded by a public
pound, society for the prevention of cruelty to animals shelter, or
humane shelter shall be killed before six business days have elapsed
from the time of the capture of the stray cat, not including the day
of impoundment. The cat shall be available for redemption by the
owner for three business days and available for owner redemption or
adoption for the following three business days.
(b) Any stray cat that has been impounded pursuant to subdivision
(a) shall, upon expiration of the holding period described in that
subdivision or prior to killing the animal for any reason other than
irremediable suffering, be released without cost, excluding a
reasonable spay or neuter deposit, to a nonprofit animal rescue or
adoption organization if requested by the organization prior to the
expiration of that holding period or the scheduled killing of the
animal.
(b) Any stray cat that is impounded pursuant to this division
shall, prior to the killing of that animal for any reason other than
irremediable suffering, be released to a nonprofit animal rescue or
adoption organization if requested by the organization prior to the
scheduled killing of that animal. At the discretion of the shelter,
it may assess the standard adoption fee for animals released.
(c) This section shall not apply to cats that are severely injured
or seriously ill, or to newborn cats unable to feed themselves.
SEC. 10.2. Section 31753 is added to the Food and Agricultural
Code, to read:
31753. Any living fish, bird, amphibian, reptile, or mammal
31753. Any rabbit, guinea pig, hamster, gerbil, pot-bellied pig,
bird, lizard, snake, turtle, or tortoise legally allowed as
personal property impounded in a public or private shelter shall be
held for the same period of time, under the same requirements of
care, and with the same opportunities for redemption and adoption as
cats and dogs.
SEC. 10.4. Section 31754 is added to the Food and Agricultural
Code, to read:
31754. An owner-relinquished pet shall be held for the same
period, with the same requirements of care, and with the same
opportunities for adoption, as other impounded animals if the
owner-relinquished pet is in reasonably good health and is not a
threat to public safety.
SEC. 11. Section 32001 of the Food and Agricultural Code is
amended to read:
32001. All public pounds, shelters operated by societies for the
prevention of cruelty to animals, and humane shelters, that contract
with animal control agencies, shall provide the owners of lost
animals and those who find lost animals with all of the following:
(a) Ability to list the animals they have lost or found on "Lost
and Found" lists maintained by the pound or shelter.
(b) Referrals to animals listed that may be the animals the owners
or finders have lost or found.
(c) The telephone numbers and addresses of other pounds and
shelters in the same vicinity.
(d) Advice as to means of publishing and disseminating information
regarding lost animals.
(e) The telephone numbers and addresses of volunteer groups that
may be of assistance in locating lost animals.
Notwithstanding Section 9, a violation of this section is not a
misdemeanor. However , the duty imposed by this section is
a mandatory duty for purposes of Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code, and a cause of action
for damages is created by this section against a public entity or
employee or against any other person.
SEC. 12. Section 32002 is added to the Food and Agricultural Code,
to read:
32002. (a) All public pounds and private shelters shall treat the
animals in their care kindly and shall provide the animals with all
of the following:
(1) Adequate nutrition appropriate to the age, species, and
particular health needs of the animal.
(2) Adequate amounts of clean water, ventilation, and exercise.
(3) Housing appropriate to the size and safety needs of the animal
and protection from inclement weather and extreme heat and cold.
(4) Protection from accidents and injuries caused by people, other
animals, or inadequate housing or treatment.
(5) Prompt veterinary care as needed.
(6) Adequate exercise as required pursuant to Section 597t of the
Penal Code.
(b) The duties imposed by this section are mandatory duties for
purposes of Division 3.6 (commencing with Section 810) of Title 1 of
the Government Code and any of the entities subject to this section,
or their employees, that fail to perform these duties may, in
addition to any other liability or penalty permitted by law, be
liable for civil damages, including, but not limited to, damages for
the loss of a companion animal, and may also be subject to criminal
penalties as provided by law.
SEC. 13. Section 32003 is added to the Food and Agricultural Code,
to read:
32003. All public pounds and private shelters shall keep accurate
records on each animal taken up, medically treated, or impounded.
The records shall include all of the following information:
(a) The date the animal was taken up, medically treated,
euthanized, or impounded.
(b) The circumstances under which the animal was taken up,
medically treated, euthanized, or impounded.
(c) The names of the personnel who took up, medically treated,
euthanized, or impounded the animal.
(d) A description of any medical treatment provided to the animal
and the name of the veterinarian of record.
(e) The final disposition of the animal, including the name of the
person who euthanized the animal or the name and address of the
adopting party.
SEC. 14. Section 597 of the Penal Code is amended to read:
597. (a) Except as provided in subdivision (c) of this section or
Section 599c, every person, including, but not limited to, every
employee of a public pound, shelter operated by a society for the
prevention of cruelty to animals, or humane shelter, who maliciously
and intentionally maims, mutilates, tortures, or wounds a living
animal, or maliciously and intentionally kills an animal, is guilty
of an offense punishable by imprisonment in the state prison, or by a
fine of not more than twenty thousand dollars ($20,000), or by both
the fine and imprisonment, or, alternatively, by imprisonment in a
county jail for not more than one year, or by a fine of not more than
twenty thousand dollars ($20,000), or by both the fine and
imprisonment.
(b) Except as otherwise provided in subdivision (a) or (c), every
person who overdrives, overloads, drives when overloaded, overworks,
tortures, torments, deprives of necessary sustenance, drink, or
shelter, cruelly beats, mutilates, or cruelly kills any animal, or
causes or procures any animal to be so overdriven, overloaded, driven
when overloaded, overworked, tortured, tormented, deprived of
necessary sustenance, drink, shelter, or to be cruelly beaten,
mutilated, or cruelly killed; and whoever, having the charge or
custody of any animal, either as owner or otherwise, subjects any
animal to needless suffering, or inflicts unnecessary cruelty upon
the animal, or in any manner abuses any animal, or fails to provide
the animal with proper food, drink, or shelter or protection from the
weather, or who drives, rides, or otherwise uses the animal when
unfit for labor, is, for every one of those offenses, guilty of a
crime punishable as a misdemeanor or as a felony or alternatively
punishable as a misdemeanor or a felony and by a fine of not more
than twenty thousand dollars ($20,000).
(c) Every person who maliciously and intentionally maims,
mutilates, or tortures any mammal, bird, reptile, amphibian, or fish
as described in subdivision (d), is guilty of an offense punishable
by imprisonment in the state prison, or by a fine of not more than
twenty thousand dollars ($20,000), or by both the fine and
imprisonment, or, alternatively, by imprisonment in a county jail for
not more than one year, by a fine of not more than twenty thousand
dollars ($20,000), or by both the fine and imprisonment.
(d) Subdivision (c) applies to any mammal, bird, reptile,
amphibian, or fish that is a creature described as follows:
(1) Endangered species or threatened species as described in
Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code.
(2) Fully protected birds described in Section 3511 of the Fish
and Game Code.
(3) Fully protected mammals described in Chapter 8 (commencing
with Section 4700) of Part 3 of Division 4 of the Fish and Game Code.
(4) Fully protected reptiles and amphibians described in Chapter 2
(commencing with Section 5050) of Division 5 of the Fish and Game
Code.
(5) Fully protected fish as described in Section 5515 of the Fish
and Game Code.
This subdivision does not supersede or affect any provisions of
law relating to taking of the described species, including, but not
limited to, Section 12008 of the Fish and Game Code.
(e) For the purposes of subdivision (c), each act of malicious and
intentional maiming, mutilating, or torturing a separate specimen of
a creature described in subdivision (d) is a separate offense. If
any person is charged with a violation of subdivision (c), the
proceedings shall be subject to Section 12157 of the Fish and Game
Code.
(f) Upon the conviction of a person charged with a violation of
this section by causing or permitting an act of cruelty, as defined
in Section 599b, all animals lawfully seized and impounded with
respect to the violation by a peace officer, officer of a humane
society, or officer of a pound or animal regulation department of a
public agency shall be adjudged by the court to be forfeited and
shall thereupon be awarded to the impounding officer for proper
disposition. A person convicted of a violation of this section by
causing or permitting an act of cruelty, as defined in Section 599b,
shall be liable to the impounding officer for all costs of
impoundment from the time of seizure to the time of proper
disposition.
Mandatory seizure or impoundment shall not apply to animals in
properly conducted scientific experiments or investigations performed
under the authority of the faculty of a regularly incorporated
medical college or university of this state.
SEC. 15. Section 597t of the Penal Code is amended to read:
597t. Every person, public pound, or public shelter keeping an
animal confined in an enclosed area shall provide it with an adequate
exercise area. If the animal is restricted by a leash, rope, or
chain, the leash, rope, or chain shall be affixed in a manner that
will prevent the animal from becoming entangled or injured and permit
the animal's access to adequate shelter, food, and water. Violation
of this section constitutes a misdemeanor.
This section shall not apply to an animal that is in transit, in a
vehicle, or in the immediate control of a person.
SEC. 15.5. Section 597.1 of the Penal Code is amended to read:
597.1. (a) Every owner, driver, or keeper of any animal,
including, but not limited to, every employee at a public pound,
shelter operated by a society for the prevention of cruelty to
animals, or humane shelter, who permits the animal to be in any
building, enclosure, lane, street, square, or lot of any city,
county, city and county, or judicial district without proper care and
attention is guilty of a misdemeanor. Any peace officer, humane
society officer, or animal control officer shall take possession of
the stray or abandoned animal and shall provide care and treatment
for the animal until the animal is deemed to be in suitable condition
to be returned to the owner. When the officer has reasonable grounds
to believe that very prompt action is required to protect the health
or safety of the animal or the health or safety of others, the
officer shall immediately seize the animal and comply with
subdivision (f). In all other cases, the officer shall comply with
the provisions of subdivision (g). The cost of caring for and
treating any animal properly seized under this subdivision shall
constitute a lien on the animal and the animal shall not be returned
to its owner until the charges are paid, if the seizure is upheld
pursuant to this section.
(b) Every sick, disabled, infirm, or crippled animal, except a dog
or cat, which that is abandoned in any
city, county, city and county, or judicial district may be killed by
the officer if, after a reasonable search, no owner of the animal
can be found. It shall be the duty of all peace officers, humane
society officers, and animal control officers to cause the animal to
be killed or rehabilitated and placed in a suitable home on
information that the animal is stray or abandoned. The officer may
likewise take charge of any animal, including a dog or cat, that by
reason of lameness, sickness, feebleness, or neglect, is unfit for
the labor it is performing, or that in any other manner is being
cruelly treated, and provide care and treatment for the animal until
it is deemed to be in a suitable condition to be returned to the
owner. When the officer has reasonable grounds to believe that very
prompt action is required to protect the health or safety of an
animal or the health or safety of others, the officer shall
immediately seize the animal and comply with subdivision (f). In all
other cases, the officer shall comply with subdivision (g). The
cost of caring for and treating any animal properly seized under this
subdivision shall constitute a lien on the animal and the animal
shall not be returned to its owner until the charges are paid.
(c) Any peace officer, humane society officer, or animal control
officer shall convey all injured cats and dogs found without their
owners in a public place directly to a veterinarian known by the
officer to be a veterinarian who ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.
If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers from
its injuries, the veterinarian may keep the animal for purposes of
adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
Whenever any animal is transferred to a veterinarian in a clinic,
such as an emergency clinic which that
is not in continuous operation, the veterinarian may, in turn,
transfer the animal to an appropriate facility.
If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services which that are
provided pending the owner's inquiry to the responsible agency,
department, or society shall be paid from the dog license fees,
fines, and fees for impounding dogs in the city, county, or city and
county in which the animal was licensed or, if the animal is
unlicensed, shall be paid by the jurisdiction in which the animal was
found, subject to the provision that this cost be repaid by the
animal's owner. The cost of caring for and treating any animal
seized under this subdivision shall constitute a lien on the animal
and the animal shall not be returned to the owner until the charges
are paid. No veterinarian shall be criminally or civilly liable for
any decision which that he or she makes
or for services which that he or she
provides pursuant to this subdivision.
(d) An animal control agency which that
takes possession of an animal pursuant to subdivision (c) shall
keep records of the whereabouts of the animal from the time of
possession, and those records shall be available for inspection by
the public upon request.
(e) Notwithstanding any other provision of this section, any peace
officer, humane society officer, or any animal control officer may,
with the approval of his or her immediate superior, humanely destroy
any stray or abandoned animal in the field in any case where the
animal is too severely injured to move or where a veterinarian is not
available and it would be more humane to dispose of the animal.
(f) Whenever an officer authorized under this section seizes or
impounds an animal based on a reasonable belief that prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall, prior to the commencement of
any criminal proceedings authorized by this section, provide the
owner or keeper of the animal, if known or ascertainable after
reasonable investigation, with the opportunity for a postseizure
hearing to determine the validity of the seizure or impoundment, or
both.
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
of the seizure or impoundment, or both, to the owner or keeper within
48 hours, excluding weekends and holidays. The notice shall include
all of the following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal seized, including any
identification upon the animal.
(C) The authority and purpose for the seizure, or impoundment,
including the time, place, and circumstances under which the animal
was seized.
(D) A statement that, in order to receive a postseizure hearing,
the owner or person authorized to keep the animal, or his or her
agent, shall request the hearing by signing and returning an enclosed
declaration of ownership or right to keep the animal to the agency
providing the notice within 10 days, including weekends and holidays,
of the date of the notice. The declaration may be returned by
personal delivery or mail.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal and
that the animal shall not be returned to the owner until the charges
are paid, and that failure to request or to attend a scheduled
hearing shall result in liability for this cost.
(2) The postseizure hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The seizing agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the seizure or
impoundment of the animal and is not junior in rank to that person.
The agency may utilize the services of a hearing officer from outside
the agency for the purposes of complying with this section.
(3) Failure of the owner or keeper, or of his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a postseizure hearing or right to challenge his or
her liability for costs incurred.
(4) The agency, department, or society employing the person who
directed the seizure shall be responsible for the costs incurred for
caring and treating the animal, if it is determined in the
postseizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the
animal, was required to protect the health or safety of the animal or
the health or safety of others. If it is determined the seizure was
justified, the owner or keeper shall be personally liable to the
seizing agency for the cost of the seizure and care of the animal,
the charges for the seizure and care of the animal shall be a lien on
the animal, and the animal shall not be returned to its owner until
the charges are paid and the seizing agency or hearing officer has
determined that the animal is physically fit or the owner
demonstrates to the seizing agency's or the hearing officer's
satisfaction that the owner can and will provide the necessary care.
(g) Where the need for immediate seizure is not present and prior
to the commencement of any criminal proceedings authorized by this
section, the agency shall provide the owner or keeper of the animal,
if known or ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of the
animal. The owner shall produce the animal at the time of the
hearing unless, prior to the hearing, the owner has made arrangements
with the agency to view the animal upon request of the agency, or
unless the owner can provide verification that the animal was
humanely destroyed. Any person who willfully fails to produce the
animal or provide the verification is guilty of an infraction,
punishable by a fine of not less than two hundred fifty dollars
($250) nor more than one thousand dollars ($1,000).
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
stating the grounds for believing the animal should be seized under
subdivision (a) or (b). The notice shall include all of the
following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal to be seized, including any
identification upon the animal.
(C) The authority and purpose for the possible seizure or
impoundment.
(D) A statement that, in order to receive a hearing prior to any
seizure, the owner or person authorized to keep the animal, or his or
her agent, shall request the hearing by signing and returning the
enclosed declaration of ownership or right to keep the animal to the
officer providing the notice within two days, excluding weekends and
holidays, of the date of the notice.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal,
that any animal seized shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a
scheduled hearing shall result in a conclusive determination that the
animal may properly be seized and that the owner shall be liable for
the charges.
(2) The preseizure hearing shall be conducted within 48 hours,
excluding weekends and holidays, after receipt of the request. The
seizing agency may authorize its own officer or employee to conduct
the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior
in rank to that person. The agency may utilize the services of a
hearing officer from outside the agency for the purposes of complying
with this section.
(3) Failure of the owner or keeper, or his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a preseizure hearing or right to challenge his or
her liability for costs incurred pursuant to this section.
(4) The hearing officer, after the hearing, may affirm or deny the
owner's or keeper's right to custody of the animal and, if
reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.
(h) If any animal is properly seized under this section, the owner
or keeper shall be personally liable to the seizing agency for the
cost of the seizure and care of the animal. Furthermore, if the
charges for the seizure or impoundment and any other charges
permitted under this section are not paid within 14 days of the
seizure, or, if the owner, within 14 days of notice of availability
of the animal to be returned, fails to pay charges permitted under
this section and take possession of the animal, the animal shall be
deemed to have been abandoned and may be disposed of by the
impounding officer.
(i) If the animal requires veterinary care and the humane society
or public agency is not assured, within 14 days of the seizure of the
animal, that the owner will provide the necessary care, the animal
shall not be returned to its owner and shall be deemed to have been
abandoned and may be disposed of by the impounding officer. A
veterinarian may humanely destroy an impounded animal without regard
to the prescribed holding period when it has been determined that the
animal has incurred severe injuries or is incurably crippled. A
veterinarian also may immediately humanely destroy an impounded
animal afflicted with a serious contagious disease unless the owner
or his or her agent immediately authorizes treatment of the animal by
a veterinarian at the expense of the owner or agent.
(j) No animal properly seized under this section shall be returned
to its owner until, in the determination of the seizing agency or
hearing officer, the animal is physically fit or the owner can
demonstrate to the seizing agency's or hearing officer's satisfaction
that the owner can and will provide the necessary care.
(k) Upon the conviction of a person charged with a violation of
this section, or Section 597 or 597a, all animals lawfully seized and
impounded with respect to the violation shall be adjudged by the
court to be forfeited and shall thereupon be transferred to the
impounding officer or appropriate public entity for proper adoption
or other disposition. A person convicted of a violation of this
section shall be personally liable to the seizing agency for all
costs of impoundment from the time of seizure to the time of proper
disposition. Upon conviction, the court shall order the convicted
person to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the seized
or impounded animals. Each person convicted in connection with a
particular animal may be held jointly and severally liable for
restitution for that particular animal. The payment shall be in
addition to any other fine or sentence ordered by the court.
The court may also order, as a condition of probation, that the
convicted person be prohibited from owning, possessing, caring for,
or having any contact with, animals of any kind and require the
convicted person to immediately deliver all animals in his or her
possession to a designated public entity for adoption or other lawful
disposition or provide proof to the court that the person no longer
has possession, care, or control of any animals. In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the release of seized or
impounded animals upon a showing of proof of ownership. Any
questions regarding ownership shall be determined in a separate
hearing by the court where the criminal case was finally adjudicated
and the court shall hear testimony from any persons who may assist
the court in determining ownership of the animal. If the owner is
determined to be unknown or the owner is prohibited or unable to
retain possession of the animals for any reason, the court shall
order the animals to be released to the appropriate public entity for
adoption or other lawful disposition. This section is not intended
to cause the release of any animal, bird, reptile, amphibian, or
fish, seized or impounded pursuant to any other statute, ordinance,
or municipal regulation. This section shall not prohibit the seizure
or impoundment of animals as evidence as provided for under any
other provision of law.
(l) It shall be the duty of all peace officers, humane society
officers, and animal control officers to use all currently acceptable
methods of identification, both electronic and otherwise, to
determine the lawful owner or caretaker or of
any seized or impounded animal. It shall also be their duty
to make reasonable efforts to notify the owner or caretaker of the
whereabouts of the animal and any procedures available for the lawful
recovery of the animal , and, upon the owner's
and caretaker's initiation of recovery procedures, retain custody of
the animal for a reasonable period of time to allow for completion of
the recovery process. Efforts to locate or contact the owner or
caretaker and communications with persons claiming to be the owner or
caretaker shall be recorded and maintained and be made available for
public inspection.
SEC. 15.7. Section 599d is added to the Penal Code, to read:
599d. (a) It is the policy of the state that no adoptable animal
should be euthanized if it can be adopted into a suitable home.
Adoptable animals include only those animals eight weeks of age or
older that at, , at or subsequent to
, the time the animal is impounded or otherwise
taken into possession, have manifested no sign of a behavioral or
temperamental defect that could pose a health or safety risk or
otherwise make the animal unsuitable for placement as a pet, and have
manifested no sign of disease, injury, congenital,
or congenital or hereditary condition that
adversely affects the health of the animal , or
that is likely to adversely affect the animal's health in the future.
(b) It is the policy of the state that no treatable animal should
be euthanized. A treatable animal shall include any animal that is
not adoptable but that could become adoptable with reasonable
efforts.
SEC. 16. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard 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 XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.