BILL NUMBER: AB 1634 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 12, 2008
AMENDED IN SENATE AUGUST 5, 2008
AMENDED IN SENATE JULY 1, 2008
AMENDED IN SENATE JUNE 18, 2008
AMENDED IN SENATE JULY 3, 2007
AMENDED IN SENATE JUNE 27, 2007
AMENDED IN ASSEMBLY MAY 31, 2007
AMENDED IN ASSEMBLY MAY 9, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 17, 2007
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Assembly Member Levine
(Principal coauthors: Senators Negrete McLeod and Padilla)
(Coauthors: Assembly Members Nava and Solorio)
FEBRUARY 23, 2007
An act to amend Sections 30804.7 30804.5,
30804.7, 31751.5, and 31751.7 of, and to add Sections 30804.8
and 31751.8 to, the Food and Agricultural Code, relating to animals.
LEGISLATIVE COUNSEL'S DIGEST
AB 1634, as amended, Levine. Dogs and cats: nonspayed or
unneutered: civil penalties.
Existing law requires dog and cat license tags to be issued for
1/2 or less of the fee required for a dog or cat if a certificate is
presented from a licensed veterinarian that the dog or cat has been
spayed or neutered.
This bill would instead require those tags to be issued for: (1)
3/4 or less of the fee if a dog or cat has been implanted with a
microchip to positively identify the animal, its owner, and the owner'
s contact information, (2) 1/2 or less of the fee if a certificate is
presented from a licensed veterinarian that the dog or cat has been
spayed or neutered, and (3) 1/4 or less of the fee if a certificate
is presented from a licensed veterinarian that the dog or cat has
been spayed or neutered and has been implanted with a microchip that
may be used to positively identify the dog or cat, its owner, and the
owner's contact information.
Existing law regulates spay, neuter, and breeding programs for
animals. Existing law requires the owner of a nonspayed or unneutered
dog or cat that is impounded by a city or county animal control
agency or shelter, society for the prevention of cruelty to animals,
or humane society to be fined $35 on the first occurrence, $50 on the
2nd occurrence, and $100 for the 3rd or subsequent occurrence.
This bill would increase the above fines for a nonspayed or
unneutered dog to $50 for the first occurrence, $100 and
microchipping of the dog at the owner's expense for the 2nd
occurrence, and would require spaying or neutering of the dog at the
owner's expense on the 3rd occurrence. The bill would increase the
above fines for a nonspayed or unneutered cat to $50 and
microchipping of the cat at the owner's expense on the first
occurrence , and would require spaying or neutering of the
cat at the owner's expense on the 2nd occurrence. The bill
would also require written information about the availability of
spaying and neutering services, and the civil penalties, to be
provided to the dog or cat's owner at the time a citation is issued.
This bill would also provide that the owner of a
nonspayed or unneutered dog or cat that is the subject of a complaint
to a local animal control agency a person who owns or
possesses either an unlicensed, or an intact but licensed, dog or
cat within California , as specified, may be cited and, if
cited, shall pay a civil penalty to the local animal control agency
within 30 days . It . The dog or cat would be
subject to microchipping, for a dog on the 2nd occurrence, and for a
cat on the first occurrence, at the owner's expense. By increasing
the enforcement responsibility of local government agencies, the bill
would create a state-mandated local program. The bill would
require a local animal control agency to waive the civil penalty if,
within 14 business calendar days of the
citation, the pet's owner presents written proof from a licensed
veterinarian that the dog or cat was spayed or neutered. The
bill would create specified exemptions from these provisions for dogs
and cats that are in poor health or are in California temporarily.
By increasing the enforcement responsibility of local agencies,
this bill 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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. This act shall be known and may be
cited as the California Responsible Pet Ownership Act.
SEC. 2. Section 30804.5 of the Food and
Agricultural Code is amended to read:
30804.5. Whenever dog license tags are issued pursuant to this
division, any such tag shall be issued for one-half or less
of the fee required for a dog, if a certificate is presented from a
licensed veterinarian that the dog has been spayed or neutered.
as follows:
(a) For three-fourths or less of the fee required for a dog, if
the dog has been implanted with a microchip that can be used to
positively identify the dog, its owner, and the owner's contact
information.
(b) For one-half or less of the fee required for a dog, if a
certificate is presented from a licensed veterinarian that the dog
has been spayed or neutered.
(c) For one-fourth or less of the fee required for a dog, if a
certificate is presented from a licensed veterinarian that the dog
has been spayed or neutered, and the dog has been implanted with a
microchip that can be used to positively identify the dog, its owner,
and the owner's contact information.
SECTION 1. SEC. 3. Section 30804.7 of
the Food and Agricultural Code is amended to read:
30804.7. (a) The owner of a nonspayed or unneutered dog that is
impounded once by a city or county animal control agency or shelter,
society for the prevention of cruelty to animals, or humane society,
shall be fined fifty dollars ($50) on the first occurrence
and one hundred dollars ($100) on the second occurrence.
occurrence. On the second occurrence, the owner shall be fined
one hundred dollars ($100) and the dog shall be microchipped, with
the owner paying the cost of the procedure. On the third
occurrence, the dog shall be spayed or neutered, with the owner
paying the cost of the procedure. These fines are for nonspayed or
unneutered impounded animals only, and are not in lieu of any fines
or impound fees imposed by any individual city, county, public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter.
(b) An animal control officer, humane officer, police officer,
peace officer, or any agency authorized to enforce the Penal Code may
write citations with a civil penalty stated in an amount
corresponding to the violation as provided in subdivision (a).
At the time that a citation is issued, the animal control officer,
humane officer, police officer, peace officer, or any agency
authorized to enforce the Penal Code shall provide the owner of the
dog with information regarding the availability of spaying and
neutering services, as well as written notification of the civil
penalty for a second citation for the same dog, including
microchipping of the dog with the owner paying the cost of the
procedure, and the civil penalty for a third citation for
the same dog, including the spaying or neutering of the dog with the
owner paying the cost of the procedure. The fines shall be paid
to the local municipality or public animal control agency or
shelter, society for the prevention of cruelty to animals shelter, or
humane society shelter. Any funds collected under this section shall
be expended for the purpose of humane education, programs for
low-cost spaying and neutering of dogs, and any additional costs
incurred by the public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, humane society shelter,
or rescue group in the administration of the requirements of this
division. The city or county animal control agency or shelter,
society for the prevention of cruelty to animals, or
humane society shall waive the civil penalty if, within 14 calendar
days of the citation, the owner of the dog presents written proof
from a licensed veterinarian that the dog was spayed or neutered.
(c) This section applies to each county and cities within each
county, regardless of population.
(d) No city or county, society for the prevention of cruelty to
animals, or humane society is subject to any civil action by the
owner of a dog that is spayed or neutered in accordance with this
section.
(e) If an owner found in violation of subdivision (a) voluntarily
elects to have the nonspayed or unneutered dog microchipped, a city
or county animal control agency or shelter, society for the
prevention of cruelty to animals, or humane society shall waive no
less than thirty dollars ($30) and may waive all of the corresponding
fifty dollar ($50) fine.
(f) Any dog owner who is not a resident of California shall be
exempted from this section if the owner provides proof, as determined
by the local jurisdiction or its authorized local animal control
agency, that the dog is temporarily in California for training,
showing, or any other lawful reason.
(g) A dog shall not be required to be microchipped if its owner
provides a letter from a California licensed veterinarian stating
that due to age, poor health, or illness, it is unsafe to microchip
the animal. The letter shall include the veterinarian's license
number, the name of the owner, a description of the dog in question,
and, if this information is available, the duration of the condition
of the dog, and the date by which the dog may be safely microchipped.
(h) A dog shall not be required to be spayed or neutered if its
owner provides a letter from a California licensed veterinarian
stating that due to age, poor health, or illness, it is unsafe to
spay or neuter the animal. The letter shall include the veterinarian'
s license number, the name of the owner, a description of the dog in
question, and, if this information is available, the duration of the
condition of the dog, and the date by which the dog may be safely
spayed or neutered.
SEC. 2. SEC. 4. Section 30804.8 is
added to the Food and Agricultural Code, to read:
30804.8. (a) The owner of a nonspayed or unneutered dog
that is the subject of a complaint A person who owns
or possesses within the state any dog that is not licensed or is
improperly licensed, as required by law, and that has not been spayed
or neutered may be cited and, if cited, shall pay a civil
penalty as provided in this section. A person who owns or
possesses within the state any intact dog that is properly licensed,
as required by law, but whose dog is at large may be cited, and, if
cited, shall pay a civil penalty as provided in this section.
This civil penalty shall be in addition to any fine, fee, or penalty
imposed under any other provision of law or local ordinance.
(b) At the time that the citation is issued, the local animal
control agency shall provide the owner of the dog with information
regarding the availability of spaying and neutering services as
well as written notification of the civil penalty for a second
citation for the same dog, including microchipping of the dog with
the owner paying the cost of the procedure, and a civil penalty for
the third citation for the same dog, including the spaying or
neutering of the dog by order of the local ani mal control
agency, with the owner paying the cost of the procedure .
(c) The owner of the dog shall pay the civil penalty to the local
animal control agency within 30 business
calendar days of the citation. The local animal control agency
shall waive the civil penalty if, within 14 business
calendar days of the citation, the owner of the
dog presents written proof from a licensed veterinarian that the dog
was spayed or neutered.
(d) The civil penalties shall be as follows:
(1) On the first occurrence, fifty dollars ($50).
(2) On the second occurrence for the same dog, one hundred dollars
($100) and the dog shall be microchipped, with the owner paying
the cost of the procedure .
(3) On the third occurrence for the same dog, the spaying or
neutering of the dog by order of the local animal control agency,
with the owner paying the cost of the procedure.
(e) As used in this section, the following terms apply:
(2)
(1) "Complaint" means an oral or written complaint to a local
animal control agency that alleges that the dog or the owner of the
dog has violated this division, any other provision of state law that
relates to dogs, or a local animal control ordinance. "Complaint"
also means the observation by an employee or officer of a local
animal control agency of behavior by a dog or the owner of a dog that
violates this division, any other provision of state law that
relates to dogs, or a local animal control ordinance. "Complaint"
shall not include an allegation of excessive noise or barking.
(1) "Local animal control agency" means any city or
county animal control agency or other entity responsible for
enforcing animal-related laws or local animal control ordinances.
(3)
(2) "Spay" and "neuter" mean any procedure performed by
a duly licensed veterinarian that permanently sterilizes a dog and
makes it incapable of reproduction.
(f) If an owner found in violation of subdivision (a) voluntarily
elects to have the nonspayed or unneutered dog microchipped, a local
animal control agency shall waive no less than thirty dollars ($30)
and may waive all of the corresponding fifty dollar ($50) fine.
(g) Any dog owner who is not a resident of California shall be
exempted from this section if the owner provides proof, as determined
by the local jurisdiction or its authorized local animal control
agency, that the dog is temporarily in California for training,
showing, or any other lawful reason.
(h) A dog shall not be required to be microchipped if its owner
provides a letter from a California licensed veterinarian stating
that due to age, poor health, or illness, it is unsafe to microchip
the animal. The letter shall include the veterinarian's license
number, the name of the owner, a description of the dog in question,
and, if this information is available, the duration of the condition
of the dog, and the date by which the dog may be safely microchipped.
(i) A dog shall not be required to be spayed or neutered if its
owner provides a letter from a licensed California veterinarian
stating that due to age, poor health, or illness, it is unsafe to
spay or neuter the animal. The letter shall include the veterinarian'
s license number, the name of the owner, a description of the dog in
question, and, if this information is available, the duration of the
condition of the dog, and the date by which the dog may be safely
spayed or neutered.
(f)
(j) This section shall not preclude any city or county
from adopting a local ordinance that is more restrictive or imposes
higher civil penalties.
SEC. 5. Section 31751.5 of the Food and
Agricultural Code is amended to read:
31751.5. Whenever a city or county requires cat license tags, any
such tag shall be issued for one-half or less of the fee
required for a cat, if a certificate is presented from a licensed
veterinarian that the cat has been spayed or neutered.
as follows:
(a) For three-fourths or less of the fee required for a cat, if
the cat has been implanted with a microchip that can be used to
positively identify the cat, its owner, and the owner's contact
information.
(b) For one-half or less of the fee required for a cat, if a
certificate is presented from a licensed veterinarian that the cat
has been spayed or neutered.
(c) For one-fourth or less of the fee required for a cat, if a
certificate is presented from a licensed veterinarian that the cat
has been spayed or neutered, and the cat has been implanted with a
microchip that can be used to positively identify the cat, its owner,
and the owner's contact information.
SEC. 3. SEC. 6. Section 31751.7 of
the Food and Agricultural Code is amended to read:
31751.7. (a) The owner of a nonspayed or unneutered cat that is
impounded once by a city or county animal control agency or shelter,
society for the prevention of cruelty to animals, or humane society,
shall be fined fifty dollars ($50) on the first occurrence , and
the cat shall be microchipped, with the owner paying the cost of the
procedure . On the second occurrence, the cat shall be spayed
or neutered, with the owner paying the cost of the procedure. These
fines are for nonspayed or unneutered impounded animals only, and are
not in lieu of any fines or impound fees imposed by any individual
city, county, public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, or humane society
shelter.
(b) An animal control officer, humane officer, police officer,
peace officer, or any agency authorized to enforce the Penal Code may
write citations with a civil penalty stated in an amount
corresponding to the violation as provided in subdivision (a).
At the time that the citation is issued, the animal control officer,
humane officer, police officer, peace officer, or any agency
authorized to enforce the Penal Code shall provide the owner of the
cat with information regarding the availability of spaying and
neutering services, as well as written notification that the civil
penalty for the second citation for the same cat shall be the spaying
or neutering of the cat by order of the local animal control agency,
with the owner paying the cost of the procedure. The fines
shall be paid to the local municipality or public animal control
agency or shelter, society for the prevention of cruelty to animals
shelter, or humane society shelter. Any funds collected under this
section shall be expended for the purpose of humane education,
programs for low-cost spaying and neutering of cats, and any
additional costs incurred by the animal shelter in the administration
of the requirements of this division. The city or county animal
control agency or shelter, society for the prevention of cruelty to
animals, or humane society shall waive the civil penalty if, within
14 calendar days of the citation, the owner of the cat presents
written proof from a licensed veterinarian that the cat was spayed or
neutered.
(c) Local ordinances concerning the adoption or placement
procedures of any public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group shall be at least as restrictive as this
division.
(d) This section applies to each county and cities within each
county, regardless of population.
(e) No city or county, society for the prevention of cruelty to
animals, or humane society is subject to any civil action by the
owner of a cat that is spayed or neutered in accordance with this
section.
(f) Any cat owner who is not a resident of California shall be
exempted from this section if the owner provides proof, as determined
by the local jurisdiction or its authorized local animal control
agency, that the cat is temporarily in California for training,
showing, or any other lawful reason.
(g) A cat shall not be required to be microchipped if its owner
provides a letter from a California licensed veterinarian stating
that due to age, poor health, or illness, it is unsafe to microchip
the animal. The letter shall include the veterinarian's license
number, the name of the owner, a description of the cat in question,
and, if this information is available, the duration of the condition
of the cat, and the date by which the cat may be safely microchipped.
(h) A cat shall not be required to be spayed or neutered if its
owner provides a letter from a California licensed veterinarian
stating that due to age, poor health, or illness, it is unsafe to
spay or neuter the animal. The letter shall include the veterinarian'
s license number, the name of the owner, a description of the cat in
question, and, if this information is available, the duration of the
condition of the cat, and the date by which the cat may be safely
spayed or neutered.
SEC. 4. SEC. 7. Section 31751.8 is
added to the Food and Agricultural Code, to read:
31751.8. (a) The owner of a nonspayed or unneutered cat
that is the subject of a complaint A person who owns
or possesses within the state any cat that is not licensed as
required by law and that has not been spayed or neutered may be
cited and, if cited, shall pay a civil penalty as provided in this
section. A person who owns or possesses within the state any
intact cat that is properly licensed, as required by law, but whose
cat is at large may be cited and, if cited, shall pay a civil penalty
as provided in this section. This civil penalty shall be in
addition to any fine, fee, or penalty imposed under any other
provision of law or local ordinance.
(b) At the time that the citation is issued, the local animal
control agency shall provide the owner of the cat with information
regarding the availability of spaying and neutering services ,
as well as written notification that the civil penalty for the second
citation for the same cat shall be the spaying or neutering of the
cat by order of the local animal control agency, with the owner
paying the cost of the procedure .
(c) The owner of the cat shall pay the civil penalty to the local
animal control agency within 30 business
calendar days of the citation. The local animal control agency
shall waive the civil penalty if, within 14 business
calendar days of the citation, the owner of the
cat presents written proof from a licensed veterinarian that the cat
was spayed or neutered.
(d) The civil penalties shall be as follows:
(1) On the first occurrence, fifty dollars ($50) and the cat
shall be microchipped, with the owner paying the cost of the
procedure .
(2) On the second occurrence for the same cat, the spaying or
neutering of the cat by order of the local animal control agency,
with the owner paying the cost of the procedure.
(e) As used in this section, the following terms apply:
(1) "Complaint" means an oral or written complaint to a local
animal control agency that alleges that the cat or the owner of the
cat has violated this division, any other provision of state law that
relates to cats, or a local animal control ordinance. "Complaint"
also means the observation by an employee or officer of a local
animal control agency of behavior by a cat or the owner of a cat that
violates this division, any other provision of state law that
relates to cats, or a local animal control ordinance. "Complaint"
shall not include an allegation of excessive noise.
(2)
(1) "Local animal control agency" means any city or
county animal control agency or other entity responsible for
enforcing animal-related laws or local animal control ordinances.
(3)
(2) "Spay" and "neuter" mean any procedure performed by
a licensed veterinarian that permanently sterilizes a cat and makes
it incapable of reproduction.
(f) Any cat owner who is not a resident of California shall be
exempted from this section if the owner provides proof, as determined
by the local jurisdiction or its authorized local animal control
agency, that the cat is temporarily in California for training,
showing, or any other lawful reason.
(g) A cat shall not be required to be microchipped if its owner
provides a letter from a California licensed veterinarian stating
that due to age, poor health, or illness, it is unsafe to microchip
the animal. The letter shall include the veterinarian's license
number, the name of the owner, a description of the cat in question,
and, if this information is available, the duration of the condition
of the cat, and the date by which the cat may be safely microchipped
or spayed or neutered.
(h) A cat shall not be required to be spayed or neutered if its
owner provides a letter from a California licensed veterinarian
stating that due to age, poor health, or illness, it is unsafe to
spay or neuter the animal. The letter shall include the veterinarian'
s license number, the name of the owner, a description of the cat in
question, and, if the information is available, the duration of the
condition of the cat, and the date by which the cat may be safely
spayed or neutered.
(f)
(i) This section shall not preclude any city or county
from adopting a local ordinance that is more restrictive or imposes
higher civil penalties.
SEC. 5. SEC. 8. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has
the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by
this act, within the meaning of Section 17556 of the Government Code.