Bill Text: CA AB1279 | 2011-2012 | Regular Session | Enrolled
Bill Title: Animal shelters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Enrolled - Dead) 2011-07-01 - In Senate. Held at Desk. [AB1279 Detail]
Download: California-2011-AB1279-Enrolled.html
BILL NUMBER: AB 1279 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 20, 2011
PASSED THE ASSEMBLY MAY 12, 2011
INTRODUCED BY Assembly Member Fletcher
FEBRUARY 18, 2011
An act to amend Section 4827 of the Business and Professions Code,
to amend Sections 1834.6, 1834.7, 1846, and 1847 of the Civil Code,
to amend Sections 17003, 31607, 31621, 31622, 32001, and 32003 of the
Food and Agricultural Code, to amend Sections 121916 and 122322 of
the Health and Safety Code, and to amend Sections 597, 597.1, 597.2,
597e, 597f, 597u, 597v, and 599e of the Penal Code, relating to
animal shelters.
LEGISLATIVE COUNSEL'S DIGEST
AB 1279, Fletcher. Animal shelters.
Existing law governs the seizure, rescue, adoption, and euthanasia
of abandoned and surrendered animals by animal shelters and rescue
organizations.
This bill would make technical, nonsubstantive changes to those
provisions by replacing references to a "pound" with references to an
animal shelter and by replacing references to destroying an animal
with references to humanely euthanizing the animal.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4827 of the Business and Professions Code is
amended to read:
4827. Nothing in this chapter prohibits any person from:
(a) Practicing veterinary medicine as a bona fide owner of one's
own animals. This exemption applies to the following:
(1) The owner's bona fide employees.
(2) Any person assisting the owner, provided that the practice is
performed gratuitously.
(b) Lay testing of poultry by the whole blood agglutination test.
For purposes of this section, "poultry" means flocks of avian species
maintained for food production, including, but not limited to,
chickens, turkeys, and exotic fowl.
(c) Making any determination as to the status of pregnancy,
sterility, or infertility upon livestock, equine, or food animals at
the time an animal is being inseminated, providing no charge is made
for this determination.
(d) Administering sodium pentobarbital for euthanasia of sick,
injured, homeless, or surrendered domestic pets or animals without
the presence of a veterinarian when the person is an employee of an
animal control shelter and its agencies or humane society and has
received proper training in the administration of sodium
pentobarbital for these purposes.
SEC. 2. Section 1834.6 of the Civil Code is amended to read:
1834.6. An abandoned animal, as described in Section 1834.5,
shall not be used for scientific or any other type of
experimentation, nor shall such an abandoned animal be turned over to
an animal shelter or animal regulation department of a public
agency.
SEC. 3. Section 1834.7 of the Civil Code is amended to read:
1834.7. (a) In any animal shelter or animal regulation department
of a public or private agency where animals are turned over dead or
alive to a biological supply facility or a research facility, a sign
(measuring a minimum of 28 x 21 cm-- 11 x 81/2 inches --with
lettering of a minimum of 3.2 cm high and 1.2 cm wide-- 11/4 x 1/2
inch --(91 point)) stating:
"Animals Turned In To This Shelter May Be Used For Research Purposes
or to Supply Blood, Tissue, or Other Biological Products"
shall be posted in a place where it will be clearly visible to a
majority of persons when turning animals over to the shelter. This
statement shall also be included on owner surrender forms. The owner
surrender forms shall also include the definition of "biological
supply facility" contained in subdivision (c).
(b) For purposes of this section, "animal research facility"
includes any laboratory, firm, association, corporation,
copartnership, and educational institution.
(c) For purposes of this section, "biological supply facility"
includes any blood bank, laboratory, firm, association, corporation,
copartnership, or educational institution that sells biological
materials such as blood or animals, either alive or dead, to research
facilities, educational institutions, or veterinarians.
SEC. 4. 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 humanely and, if the
animal has any identification, make reasonable attempts to notify the
owner of the animal's location. Any 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
animal shelter, shelter operated by a society for the prevention of
cruelty to animals, or humane shelter, the depositary shall comply
with all other requirements of the Food and Agricultural Code
regarding the impounding of live animals.
SEC. 5. 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 animal
shelter, 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 or private
animal shelters is lawfully relieved of responsibility for the
animal.
SEC. 6. Section 17003 of the Food and Agricultural Code is amended
to read:
17003. (a) Except as provided in this section, this chapter does
not affect any law, ordinance, or regulation regarding estrays, the
shelter director, or other animal control officer, or a public animal
control agency or shelter within the limits of any city or county
where those laws, ordinances, or regulations are in force.
(b) Upon the impounding of any bovine animal, horse, mule, or
burro, the shelter director, other animal control officer, or public
animal control agency or shelter shall immediately notify the
secretary. Upon receipt of that notice, the secretary shall take
possession of any bovine animal and shall dispose of it pursuant to
this chapter.
(c) Any city, county, or city and county that establishes or has
established laws, ordinances, or regulations regarding estrays, may
opt to follow those laws, ordinances, or regulations instead of this
chapter in the handling of estrays that are not bovine animals in
accordance with the applicable laws, ordinances, or regulations of
the city, county, or city and county.
(d) This section does not authorize any act that violates Section
597 of the Penal Code.
SEC. 7. Section 31607 of the Food and Agricultural Code is amended
to read:
31607. "Impounded" means taken into the custody of the public
animal shelter or animal control department or provider of animal
control services to the city or county where the potentially
dangerous or vicious dog is found.
SEC. 8. Section 31621 of the Food and Agricultural Code is amended
to read:
31621. If an animal control officer or a law enforcement officer
has investigated and determined that there exists probable cause to
believe that a dog is potentially dangerous or vicious, the chief
officer of the public animal shelter or animal control department or
his or her immediate supervisor or the head of the local law
enforcement agency, or his or her designee, shall petition the
superior court of the county wherein the dog is owned or kept for a
hearing for the purpose of determining whether or not the dog in
question should be declared potentially dangerous or vicious. A
proceeding under this section is a limited civil case. A city or
county may establish an administrative hearing procedure to hear and
dispose of petitions filed pursuant to this chapter. Whenever
possible, any complaint received from a member of the public which
serves as the evidentiary basis for the animal control officer or law
enforcement officer to find probable cause shall be sworn to and
verified by the complainant and shall be attached to the petition.
The chief officer of the public animal shelter or animal control
department or head of the local law enforcement agency shall notify
the owner or keeper of the dog that a hearing will be held by the
superior court or the hearing entity, as the case may be, at which
time he or she may present evidence as to why the dog should not be
declared potentially dangerous or vicious. The owner or keeper of the
dog shall be served with notice of the hearing and a copy of the
petition, either personally or by first-class mail with return
receipt requested. The hearing shall be held promptly within no less
than five working days nor more than 10 working days after service of
notice upon the owner or keeper of the dog. The hearing shall be
open to the public. The court may admit into evidence all relevant
evidence, including incident reports and the affidavits of witnesses,
limit the scope of discovery, and may shorten the time to produce
records or witnesses. A jury shall not be available. The court may
find, upon a preponderance of the evidence, that the dog is
potentially dangerous or vicious and make other orders authorized by
this chapter.
SEC. 9. Section 31622 of the Food and Agricultural Code is amended
to read:
31622. (a) After the hearing conducted pursuant to Section 31621,
the owner or keeper of the dog shall be notified in writing of the
determination and orders issued, either personally or by first-class
mail postage prepaid by the court or hearing entity. If a
determination is made that the dog is potentially dangerous or
vicious, the owner or keeper shall comply with Article 3 (commencing
with Section 31641) in accordance with a time schedule established by
the chief officer of the public animal shelter or animal control
department or the head of the local law enforcement agency, but in no
case more than 30 days after the date of the determination or 35
days if notice of the determination is mailed to the owner or keeper
of the dog. If the petitioner or the owner or keeper of the dog
contests the determination, he or she may, within five days of the
receipt of the notice of determination, appeal the decision of the
court or hearing entity of original jurisdiction. The fee for filing
an appeal, payable to the clerk of the court, is as provided in
subdivision (b) of Section 70626 of the Government Code. If the
original hearing held pursuant to Section 31621 was before a hearing
entity other than a court of the jurisdiction, appeal shall be to the
superior court. If the original hearing was held in the superior
court, appeal shall be to the superior court before a judge other
than the judge who originally heard the petition. The petitioner or
the owner or keeper of the dog shall serve personally or by
first-class mail, postage prepaid, notice of the appeal upon the
other party.
(b) The court hearing the appeal shall conduct a hearing de novo,
without a jury, and make its own determination as to potential danger
and viciousness and make other orders authorized by this chapter,
based upon the evidence presented. The hearing shall be conducted in
the same manner and within the time periods set forth in Section
31621 and subdivision (a). The court may admit all relevant evidence,
including incident reports and the affidavits of witnesses, limit
the scope of discovery, and may shorten the time to produce records
or witnesses. The issue shall be decided upon the preponderance of
the evidence. If the court rules the dog to be potentially dangerous
or vicious, the court may establish a time schedule to ensure
compliance with this chapter, but in no case more than 30 days
subsequent to the date of the court's determination or 35 days if the
service of the judgment is by first-class mail.
SEC. 10. Section 32001 of the Food and Agricultural Code is
amended to read:
32001. All public animal shelters, shelters operated by societies
for the prevention of cruelty to animals, and humane shelters, that
contract to perform public animal control services, 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 animal 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 animal 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.
The duties imposed by this section are mandatory duties for public
entities for all purposes of the Government Code and for all private
entities with which a public entity has contracted to perform those
duties.
SEC. 11. Section 32003 of the Food and Agricultural Code is
amended to read:
32003. All public and private animal shelters shall keep accurate
records on each animal taken up, medically treated, or impounded.
The records shall include all of the following information and any
other information required by the California Veterinary Medical
Board:
(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. These records shall be maintained for three years
after the date the animal's impoundment ends.
SEC. 12. Section 121916 of the Health and Safety Code is amended
to read:
121916. (a) Any person or owner of an attack, guard, or sentry
dog that operates or maintains a business to sell, rent, or train an
attack, guard, or sentry dog shall obtain a permit from the local
public agency or private society or animal shelter contracting with
the local public agency for animal care or protection services.
(b) Each local agency shall adopt and implement a permit program
for the administration of subdivision (a) by the local agency or
private society or animal shelter contracting with the local public
agency for animal care or protection services. A local agency may
charge a fee for the issuance or renewal of a permit required under
this section. The fee shall not exceed the actual costs for the
implementation of the permit program.
(c) For purposes of this section, "local public agency" means a
city, county, or city and county.
SEC. 13. Section 122322 of the Health and Safety Code is amended
to read:
122322. (a) Any person violating any provision of this chapter
shall be subject to a civil penalty of up to one thousand dollars
($1,000) per violation. The action may be prosecuted in the name of
the people of the State of California by the district attorney for
the county where the violation occurred in the appropriate court or
by the city attorney in the city where the violation occurred.
(b) Nothing in this chapter limits or authorizes any act or
omission that violates Section 597 of the Penal Code.
(c) Nothing in this chapter shall authorize the seizure of an
unweaned bird by a peace officer, officer of a humane society, or
officer of an animal shelter or animal regulation department of a
public agency.
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 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 such offense, 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 the 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 which 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) (1) 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 an animal shelter 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.
(2) 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.
(g) Notwithstanding any other provision of law, if a defendant is
granted probation for a conviction under this section, the court
shall order the defendant to pay for, and successfully complete,
counseling, as determined by the court, designed to evaluate and
treat behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling, the court
may develop a sliding fee schedule based upon the defendant's
ability to pay. An indigent defendant may negotiate a deferred
payment schedule, but shall pay a nominal fee if the defendant has
the ability to pay the nominal fee. County mental health departments
or Medi-Cal shall be responsible for the costs of counseling required
by this section only for those persons who meet the medical
necessity criteria for mental health managed care pursuant to Section
1830.205 of Title 9 of the California Code of Regulations or the
targeted population criteria specified in Section 5600.3 of the
Welfare and Institutions Code. The counseling specified in this
subdivision shall be in addition to any other terms and conditions of
probation, including any term of imprisonment and any fine. This
provision specifies a mandatory additional term of probation and is
not to be utilized as an alternative in lieu of imprisonment in the
state prison or county jail when such a sentence is otherwise
appropriate. If the court does not order custody as a condition of
probation for a conviction under this section, the court shall
specify on the court record the reason or reasons for not ordering
custody. This subdivision shall not apply to cases involving police
dogs or horses as described in Section 600.
SEC. 15. Section 597.1 of the Penal Code is amended to read:
597.1. (a) Every owner, driver, or keeper of any animal 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, that is abandoned in any city, county, city and county, or
judicial district may be humanely euthanized 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 humanely euthanized
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) (1) 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 euthanized or shall be hospitalized under proper care and
given emergency treatment.
(2) 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.
(3) Whenever any animal is transferred to a veterinarian in a
clinic, such as an emergency clinic that is not in continuous
operation, the veterinarian may, in turn, transfer the animal to an
appropriate facility.
(4) If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services 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 that he or she makes or for services that he
or she provides pursuant to this subdivision.
(d) An animal control agency that takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts of
the animal from the time of possession to the end of the animal's
impoundment, and those records shall be available for inspection by
the public upon request for three years after the date the animal's
impoundment ended.
(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
euthanize 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
euthanized. 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 humanely euthanized 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 euthanize 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 euthanize 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) (1) 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.
(2) 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 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. 16. Section 597.2 of the Penal Code is amended to read:
597.2. (a) It shall be the duty of an officer of an animal
shelter, a humane society, or an animal regulation department of a
public agency to assist in a case involving the abandonment or
voluntary relinquishment of an equine by the equine's owner. This
section does not require an animal shelter, a humane society, or an
animal regulation department of a public agency to take actual
possession of the equine.
(b) If an animal shelter, a humane society, or an animal
regulation department of a public agency sells an equine at a private
or public auction or sale, it shall set the minimum bid for the sale
of the equine at a price above the current slaughter price of the
equine.
(c) (1) This section does not prohibit an animal shelter, a humane
society, or an animal regulation department of a public agency from
placing an equine through an adoption program at an adoption fee that
may be set below current slaughter price.
(2) A person adopting an equine under paragraph (1) shall submit a
written statement declaring that the person is adopting the equine
for personal use and not for purposes of resale, resale for
slaughter, or holding or transporting the equine for slaughter.
SEC. 17. Section 597e of the Penal Code is amended to read:
597e. Any person who impounds, or causes to be impounded in any
animal shelter, any domestic animal, shall supply it during
confinement with a sufficient quantity of good and wholesome food and
water, and in default thereof, is guilty of a misdemeanor. In case
any domestic animal is at any time so impounded and continues to be
without necessary food and water for more than 12 consecutive hours,
it is lawful for any person, from time to time, as may be deemed
necessary, to enter into and upon any animal shelter in which the
animal is confined, and supply it with necessary food and water so
long as it remains so confined. That person is not liable for the
entry and may collect the reasonable cost of the food and water from
the owner of the animal, and the animal is subject to enforcement of
a money judgment for the reasonable cost of food and water.
SEC. 18. Section 597f of the Penal Code is amended to read:
597f. (a) Every owner, driver, or possessor of any animal, who
permits the animal to be in any building, enclosure, lane, street,
square, or lot, of any city, city and county, or judicial district,
without proper care and attention, shall, on conviction, be deemed
guilty of a misdemeanor. And it shall be the duty of any peace
officer, officer of the humane society, or officer of an animal
shelter or animal regulation department of a public agency, to take
possession of the animal so abandoned or neglected and care for the
animal until it is redeemed by the owner or claimant, and the cost of
caring for the animal shall be a lien on the animal until the
charges are paid. Every sick, disabled, infirm, or crippled animal,
except a dog or cat, which shall be abandoned in any city, city and
county, or judicial district, may, if after due search no owner can
be found therefor, be humanely euthanized by the officer; and it
shall be the duty of all peace officers, an officer of that society,
or officer of an animal shelter or animal regulation department of a
public agency to cause the animal to be humanely euthanized on
information of that abandonment. 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, if the animal is not then in the custody of its owner, the
officer shall give notice thereof to the owner, if known, and may
provide suitable care for the animal until it is deemed to be in a
suitable condition to be delivered to the owner, and any necessary
expenses which may be incurred for taking care of and keeping the
animal shall be a lien thereon, to be paid before the animal can be
lawfully recovered.
(b) (1) It shall be the duty of all officers of animal shelters or
humane societies, and animal regulation departments of public
agencies to convey, and for police and sheriff departments, to cause
to be conveyed all injured cats and dogs found without their owners
in a public place directly to a veterinarian known by the officer or
agency to be a veterinarian that ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely euthanized or shall be hospitalized under proper care and
given emergency treatment.
(2) If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal; or, 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.
(3) Whenever any animal is transferred pursuant to this
subdivision to a veterinarian in a clinic, such as an emergency
clinic which is not in continuous operation, the veterinarian may, in
turn, transfer the animal to an appropriate facility.
(4) If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services which are provided pending the owner's inquiry
to the 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 the jurisdiction in which the animal was found,
subject to the provision that this cost be repaid by the animal's
owner. No veterinarian shall be criminally or civilly liable for any
decision which he or she makes or services which he or she provides
pursuant to this section.
(c) An animal control agency which takes possession of an animal
pursuant to subdivision (b), shall keep records of the whereabouts of
the animal for a 72-hour period from the time of possession and
those records shall be available to inspection by the public upon
request.
(d) Notwithstanding any other provisions of this section, any
officer of an animal shelter or animal regulation department or
humane society, or any officer of a police or sheriff's department
may, with the approval of his or her immediate superior, humanely
euthanize any 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 euthanize the animal.
SEC. 19. Section 597u of the Penal Code is amended to read:
597u. (a) No person, peace officer, officer of a humane society,
or officer of an animal shelter or animal regulation department of a
public agency shall kill any animal by using any of the following
methods:
(1) Carbon monoxide gas.
(2) Intracardiac injection of a euthanasia agent on a conscious
animal, unless the animal is heavily sedated or anesthetized in a
humane manner, or comatose, or unless, in light of all the relevant
circumstances, the procedure is justifiable.
(b) With respect to the killing of any dog or cat, no person,
peace officer, officer of a humane society, or officer of an animal
shelter or animal regulation department of a public agency shall use
any of the methods specified in subdivision (a) or any of the
following methods:
(1) High-altitude decompression chamber.
(2) Nitrogen gas
SEC. 20. Section 597v of the Penal Code is amended to read:
597v. No person, peace officer, officer of a humane society, or
officer of an animal shelter or animal regulation department of a
public agency shall kill any newborn dog or cat whose eyes have not
yet opened by any other method than by the use of chloroform vapor or
by inoculation of barbiturates.
SEC. 21. Section 599e of the Penal Code is amended to read:
599e. Every animal which is unfit, by reason of its physical
condition, for the purpose for which those animals are usually
employed, and when there is no reasonable probability of that animal
ever becoming fit for the purpose for which it is usually employed,
shall be by the owner or lawful possessor of the same, deprived of
life within 12 hours after being notified by any peace officer,
officer of said society, or employee of an animal shelter or animal
regulation department of a public agency who is a veterinarian, to
kill the same, and the owner, possessor, or person omitting or
refusing to comply with the provisions of this section shall, upon
conviction, be deemed guilty of a misdemeanor, and after that
conviction the court or magistrate having jurisdiction of that
offense shall order any peace officer, officer of said society, or
officer of an animal shelter or animal regulation department of a
public agency, to immediately kill that animal; provided, that this
shall not apply to an owner keeping any old or diseased animal
belonging to him or her on his or her own premises with proper care.
