AB 485, as amended, O'Donnell.
Dogs and cats: adoption and retail
sales.
Pet store operators: dogs, cats, and rabbits.
Existing law requires pet store operators, as defined, to comply with
laws governing, among other things, the care of animals in pet stores.
Existing law makes a pet store operator who violates these provisions
guilty of a misdemeanor, under certain conditions. Existing law also
regulates the retail sale of dogs and cats.
Existing law requires an animal control officer, a humane officer, or
a peace officer who detects any of certain violations of the laws
governing pet store operators to issue a single notice to correct the
violation, except as specified. Existing law makes a pet store operator
who fails to comply with a notice to correct, or who violates the laws
regulating pet store operators, as specified, guilty of a crime.
This bill would prohibit a pet store operator from selling a live dog,
cat, or rabbit in a pet store unless the dog, cat, or rabbit was obtained
from a public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
nonprofit rescue or adoption organization that is in a cooperative
agreement with at least one private or public shelter, as specified. The
bill would make the provisions described above relating to the notice
to correct applicable to a violation of this requirement. By creating
new crimes, the bill would impose a state-mandated local program.
Existing law authorizes a public or private shelter to enter into
cooperative agreements with animal rescue or adoption organizations
regarding dogs and cats.
This bill would authorize a public or private shelter to enter into
cooperative agreements with animal rescue or adoption organizations
regarding rabbits that are equivalent to the cooperative agreements
authorized regarding dogs and cats described above.
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.
Existing law, the Lockyer-Polanco-Farr Pet Protection Act, governs
the retail sale of dogs and cats. Among other things, the act makes it
unlawful for a pet dealer, as defined, to fail to maintain facilities where
dogs are kept in a sanitary condition or provide dogs with adequate
nutrition, potable water, socialization, and exercise. The act also
prohibits a dog from being offered for sale by a pet dealer to a purchaser until the dog has been examined by a veterinarian licensed in this state.
Existing law prohibits a public animal control agency or shelter,
society for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group from selling or giving away to a new owner a
dog or cat that has not been spayed or neutered and enacts other
provisions relating to animal welfare.
This bill would express the intent of the Legislature to enact legislation
that would promote the adoption of animals from shelters and rescue
groups and encourage humane practices in the purchase of dogs and
cats offered for retail sale in California.
Vote: majority. Appropriation: no. Fiscal committee:
no
yes.
State-mandated local program:
no
yes.
The people of the State of California do enact as follows:
SECTION 1. Section 31753 of the Food and Agricultural Code
is amended to read:
31753.
Any
A rabbit, guinea pig, hamster, potbellied pig, bird,
lizard, snake, turtle, or tortoise that is legally allowed as personal
property and that is 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 by new owners or nonprofit, as defined in Section
501(c)(3) of the Internal Revenue Code, animal rescue or adoption
organizations as provided for cats and dogs. The public or private
shelter may enter into cooperative agreements with animal rescue
or adoption organizations regarding rabbits that are equivalent
to those cooperative agreements authorized in Section 31108
regarding dogs and Section 31752 regarding cats. Section 17006
shall also apply to these animals. In addition to any required spay
or neuter deposit, the public or private shelter, at its discretion,
may assess a fee, not to exceed the standard adoption fee, for
animals adopted by new owners or released to nonprofit animal
rescue or adoption organizations pursuant to this section.
SEC. 2. Section 122354.5 is added to the Health and Safety
Code, to read:
122354.5. A pet store operator shall not sell a live dog, cat,
or rabbit in a pet store unless the dog, cat, or rabbit was obtained
from a public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter,
or nonprofit, as defined in Section 501(c)(3) of the Internal
Revenue Code, animal rescue or adoption organization that is in
a cooperative agreement with at least one private or public shelter
pursuant to Section 31108, 31752, or 31753 of the Food and Agricultural Code.
SEC. 3. Section 122356 of the Health and Safety Code is
amended to read:
122356. (a) An animal control officer, as defined in Section
830.9 of the Penal Code, a humane officer qualified pursuant to
Section 14502 or 14503 of the Corporations Code, or a peace
officer who detects a violation of Section 122351, subdivision (b)
or (c) of Section 122353, paragraphs (3) or (4) of subdivision (b)
of Section 122354, or Section 122354.5 or 122355 shall issue a
single notice to correct, which shall contain all of the following
information:
(1) Specify each violation of this chapter found in the inspection.
(2) Identify the corrective action for each violation.
(3) Include a specific period of time during which the listed
violation or violations must be corrected.
(b) After issuing a notice to correct pursuant to this section, the
officer or another qualified officer of the issuing agency shall
verify compliance with this chapter by conducting a subsequent
investigation of the pet store in violation of this chapter within a
reasonable period of time.
(c) An exact, legible copy of the notice to correct shall be
delivered to the pet store operator at the time he or she signs the
notice. In the alternative, the issuing agency may personally deliver
the notice to the pet store operator within 48 hours of its issuance,
excluding holidays and weekends. The signing of the notice is an
acknowledgment of receipt, and does not constitute an admission
of guilt.
(d) A pet store operator who fails to comply with a notice to
correct is guilty of an infraction.
(e) A pet store operator who violates the same provision of this
chapter on more than one occasion within a 12-month period, at
the same location, is not eligible to receive a notice to correct, and
is guilty of an infraction on the second violation, and is guilty of
a misdemeanor on the third or subsequent violation.
(f) Notwithstanding subdivision (a), a pet store operator is guilty
of a misdemeanor if the pet store operator violates any provision
listed in subdivision (a), and by doing so, the pet store operator
causes or allows harm or injury to an animal, or allows an animal
to be subject to an unreasonable risk of harm or injury.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.
SECTION 1. It is the intent of the Legislature to enact
legislation that would promote the adoption of animals from
shelters and rescue groups and encourage humane practices in the
purchase of dogs and cats offered for retail sale in California.
O
