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AB-702 Animal welfare: Dog and Cat Bill of Rights.(2021-2022)

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Date Published: 01/03/2022 02:00 PM
AB702:v97#DOCUMENT

Amended  IN  Assembly  January 03, 2022
Amended  IN  Assembly  April 19, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 702

Introduced by Assembly Member Santiago

February 16, 2021

An act to add Chapter 8.5 (commencing with Section 122336) to Part 6 of Division 105 of the Health and Safety Code, relating to animal breeding. An act to add Division 14.6 (commencing with Section 31800) to the Food and Agricultural Code, and to amend Section 597.1 of the Penal Code, relating to animal welfare.


LEGISLATIVE COUNSEL'S DIGEST


AB 702, as amended, Santiago. Cat and dog breeding: permits. Animal welfare: Dog and Cat Bill of Rights.
Existing law makes it a crime for the owner or keeper of any animal to permit an animal to be in any enclosure without proper care and attention, or to abuse or neglect an animal, as specified.
This bill would define “proper care and attention” for purposes of this crime as it pertains to dogs and cats to include the provision of appropriate food, water, health care, and mental stimulation and enrichment. By expanding the scope of a crime, this bill would create a state-mandated local program.
This bill would also enact the Dog and Cat Bill of Rights, and would require every public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group to post a copy of the Dog and Cat Bill of Rights. The bill would make legislative findings and declarations in support of the Dog and Cat Bill of Rights. By imposing new duties on local public officials, the 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 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.

(1)Under existing law, the owner or keeper of any animal who permits the animal to be in any enclosure without proper care and attention is guilty of a crime. Existing law also imposes criminal penalties if the sale of a cat, dog, or other animal fails to meet certain standards and conditions, including selling a dog under 8 weeks of age, except as provided. Existing law imposes criminal penalties on a person who operates a pet shop, as defined, who fails to maintain certain living conditions for pet animals that are for wholesale or retail sale. Existing law requires a pet dealer, as defined, to maintain cats and dogs for retail sale in certain conditions. The Polanco-Lockyer Pet Breeder Warranty Act, among other things, imposes civil penalties on a dog breeder, defined to include a person or partnership that sold or gave away all or part of 3 or more litters or 20 or more dogs during the preceding 12 months, who fails to maintain certain living conditions for a dog or provide veterinary care without delay when necessary.

This bill would prohibit a person from establishing or maintaining a cat or dog kennel for breeding purposes, keeping any cat or dog for breeding purposes, or breeding any cat or dog unless the person first obtained a breeder permit from a city, county, or city and county. The bill would deem breeding to have occurred upon the production of offspring, whether the offspring result from sexual activity or artificial insemination, and whether the sexual activity was intentional or the result of improper confinement. The bill would require a city, county, or city and county to issue a breeder permit if the applicant provides sufficient proof that certain conditions exist, including, among others, the applicant agrees to breed only one litter per year, per cat or dog per household to be queened or whelped, maintain certain living conditions for each cat or dog, and provide veterinary care without delay when necessary. The bill would authorize a city, county, or city and county to impose a fee for a breeder permit not to exceed the reasonable costs of administering these provisions.

The bill would require a local animal control agency to be responsible for enforcing and administering these provisions, and require a local animal control agency to only issue a nonmonetary warning citation for a first violation. The bill would require a local animal control agency to establish civil penalties for a 2nd or subsequent violation of these provisions of not less than $250 per violation, and further require the collected penalties to be used to pay for the costs of enforcement.

By imposing these new duties on local governments, this bill would impose a state-mandated local program.

(2)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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Dogs and cats have the right to be respected as sentient beings that experience complex feelings that are unique to each individual animal.
(b) Dogs and cats have the right to a life free of fear and anxiety.
(c) Dogs and cats have the right to be judged for actions, not generalizations from their attributes, such as breed type.
(d) With the availability of free registries, microchipping with updated contact information is a key component to reuniting dogs and cats with their guardians and keeping them out of shelters.
(e) Local animal control agencies in California are forced to spend multimillions of taxpayer dollars every year to collect, control, and euthanize the state’s unwanted overpopulation of dogs and cats.
(f) Spaying and neutering dogs and cats is a key component to reducing the state’s overpopulation of dogs and cats.
(g) The Pet Lover’s License Plate was established to provide dog and cat owners or guardians in California access to free or low-cost spay and neuter services in an effort to reduce the state’s dog and cat overpopulation.
(h) Lifelong care of a companion animal should be a commitment to that animal for the entirety of its life.
(i) Ownership or guardianship of a companion animal requires an investment of time and resources. Selecting a companion animal that is suited to one’s home and lifestyle will lead to a more rewarding relationship between guardian and animal, while reducing relinquished or abandoned animals in our communities.
(j) Dogs and cats thrive with regular enrichment to maintain their physical and emotional well-being.
(k) While requirements for basic physical care, such as the provision of food, water, and shelter, are set forth in most jurisdictions, as one of the largest and most progressive states in the country, California can and should strive to recognize the importance of animals’ mental well-being.
(l) Establishing standards for the mental and emotional well-being of dogs and cats can guide and increase the animal-human bond in our communities, increasing companion animal retention, reduce neglect and cruelty, and can contribute towards a more humane and compassionate society.

SEC. 2.

 Division 14.6 (commencing with Section 31800) is added to the Food and Agricultural Code, to read:

DIVISION 14.6. Dog and Cat Bill of Rights

31800.
 This division shall be known, and may be cited, as the Dog and Cat Bill of Rights.

31801.
 (a) Dogs and cats have the right to be free from exploitation, cruelty, neglect, and abuse.
(b) Dogs and cats have the right to a life of comfort, free of fear and anxiety.
(c) Dogs and cats have the right to daily mental stimulation and enrichment.
(d) Dogs and cats have the right to sanitary food and water in an appropriate and safe environment.
(e) Dogs and cats have the right to preventative and therapeutic health care.
(f) Dogs and cats have the right to be properly identified through tags, microchips, or any other means.
(g) Dogs and cats have the right to be spayed and neutered to prevent unwanted litters.

31802.
 (a) Each public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall post a copy of the Dog and Cat Bill of Rights in a conspicuous place accessible to public view.
(b) A violation of this section is not subject to Section 9.

SEC. 3.

 Section 597.1 of the Penal Code is amended to read:

597.1.
 (a) (1) 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 full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant 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.
(2) Notwithstanding any other law, if an animal control officer or humane officer, when necessary to protect the health and safety of a wild, stray, or abandoned animal or the health and safety of others, seeks to administer a tranquilizer that contains a controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, to gain control of that animal, the officer may possess and administer that tranquilizer with direct or indirect supervision as determined by a licensed veterinarian, provided that the officer has met each of the following requirements:
(A) Has received training in the administration of tranquilizers from a licensed veterinarian. The training shall be approved by the California Veterinary Medical Board.
(B) Has successfully completed the firearms component of a course relating to the exercise of police powers, as set forth in Section 832.
(C) Is authorized by the officer’s agency or organization to possess and administer the tranquilizer in accordance with a policy established by the agency or organization and approved by the veterinarian who obtained the controlled substance.
(D) Has successfully completed the euthanasia training set forth in Section 2039 of Title 16 of the California Code of Regulations.
(E) Has completed a state and federal fingerprinting background check and does not have any drug- or alcohol-related convictions.
(3) As it pertains to cats and dogs, proper care and attention shall include, but is not limited to, the provision of appropriate food, water, health care, and mental stimulation and enrichment.
(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 full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant 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 full 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 the veterinarian makes or for services that the veterinarian 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 the officer’s 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 euthanize 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, before 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 their 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 full 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 use 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 their 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 their 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 full 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. The animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal.
(g) Where the need for immediate seizure is not present and before 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 before any seizure or impoundment of the animal. The owner shall produce the animal at the time of the hearing unless, before 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 before any seizure, the owner or person authorized to keep the animal, or their 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 use 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 their 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 their 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 or pursuant to a search warrant, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal. Further, 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 or otherwise properly disposed of by the seizing agency.
(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 humanely euthanized or otherwise properly disposed of by the seizing agency. 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 the owner’s 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 or pursuant to a search warrant shall be returned to its owner until the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal.
(k) (1) In the case of cats and dogs, before the final disposition of any criminal charges, the seizing agency or prosecuting attorney may file a petition in a criminal action requesting that, before that final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency. The petitioner shall serve a true copy of the petition upon the defendant and the prosecuting attorney.
(2) Upon receipt of the petition, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable.
(3) The petitioner shall have the burden of establishing beyond a reasonable doubt that, even in the event of an acquittal of the criminal charges, the owner will not legally be permitted to retain the animal in question. If the court finds that the petitioner has met its burden, the court shall order the immediate forfeiture of the animal as sought by the petition.
(4) Nothing in this subdivision is intended to authorize a seizing agency or prosecuting attorney to file a petition to determine an owner’s ability to legally retain an animal pursuant to paragraph (3) of subdivision (l) if a petition has previously been filed pursuant to this subdivision.
(l) (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 residing with, animals of any kind, and require the convicted person to immediately deliver all animals in the convicted person’s 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 person charged, if the animal is still impounded, the animal has not been previously deemed abandoned pursuant to subdivision (h), the court has not ordered that the animal be forfeited pursuant to subdivision (k), the court shall, on demand, direct the release of seized or impounded animals to the defendant upon a showing of proof of ownership.
(3) 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.
(m) 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. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.
However, 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.
SECTION 1.Chapter 8.5 (commencing with Section 122336) is added to Part 6 of Division 105 of the Health and Safety Code, to read:
8.5.Breeder Permitting Programs for Cats and Dogs
122336.

For purposes of this chapter, the following definitions shall apply:

(a)“Breeder permit” means a document issued annually by a local jurisdiction or its local animal control agency if authorized to issue these permits, that authorizes a person to own or possess within that locality an unaltered cat or dog for the purposes of breeding and meets the requirements of subdivision (a) of Section 122338.

(b)“Breeding” shall be deemed to have occurred upon the production of offspring, whether the offspring result from sexual activity or artificial insemination, and whether the sexual activity was intentional or the result of improper confinement.

(c)“Local animal control agency” means the municipal or county animal control agency or other entity responsible for enforcing animal-related laws.

(d)“Local jurisdiction” means any city, county, or city and county.

(e)“Spay or neuter” means any procedure performed by a duly licensed veterinarian that permanently sterilizes an animal and makes it incapable of reproduction.

(f)“Unaltered” means any female or male cat or dog that has not been spayed or neutered or has otherwise been rendered incapable of reproduction.

122337.

(a)Subject to subdivision (b), no person, as principal, agent, employee, or otherwise, shall establish or maintain any cat or dog kennel for breeding purposes, keep any cat or dog for breeding purposes, or breed any cat or dog that is owned, harbored, or kept without first applying to and receiving a breeder permit.

(b)The application for a breeder permit shall contain information that is requested by the local jurisdiction, including, but not limited to, the following:

(1)A complete description of the nature and extent of the breeding to be conducted and for which application is made, including the breed of each cat or dog proposed to be bred.

(2)The address of the location at which breeding will occur and, if different from the breeding address, the address of the location at which the litter will be queened or whelped.

(3)The name and address of each applicant.

(4)A statement by each applicant stating who owns each cat or dog to be bred and that there are no other owners.

(5)Evidence that each cat or dog to be bred does not have the same sire or dam.

(6)Evidence that the dam to be bred is of an appropriate breeding age for that size and breed of cat or dog.

(7)A copy of a valid certificate of health for the dam.

(8)Evidence that each cat or dog to be bred has a microchip device implanted with the contact information of the applicant or owner.

(9)If every owner of a cat or dog is not an applicant, written authorization to do any of the following:

(A)Breed.

(B)Queen.

(C)Whelp.

(D)Breed and queen.

(E)Breed and whelp.

(10)A statement by each applicant that they have reviewed and will comply with all applicable rules and regulations regarding breeding and keeping animals on private property.

(11)Other information that may be required by the local jurisdiction, consistent with the purposes of this chapter.

(c)A person who is in possession of any document issued by the local jurisdiction or its authorized local animal control agency prior to enactment of this chapter that permits the actions described in subdivision (a) shall be deemed in compliance with this chapter until the document expires.

122338.

(a)A local jurisdiction shall issue a breeder permit if the applicant provides sufficient proof, as determined by the local jurisdiction or its authorized local animal control agency, that all of the following conditions are met:

(1)The applicant demonstrates proof of compliance with any applicable state or local business license requirements if the applicant is doing business as a cat or dog breeder at the address of the location at which breeding will occur and, if different from the breeding address, the address of the location at which the litter will be queened or whelped.

(2)The applicant agrees to comply with the following requirements:

(A)Only one litter per year, per cat or dog per household may be queened or whelped.

(B)Maintain facilities for each cat or dog to be kept in a sanitary condition and that the primary shelter does not have wire flooring.

(C)Provide each cat or dog with adequate nutrition and potable water.

(D)Provide adequate space appropriate to the age, size, weight, and breed of each cat or dog. For purposes of this subparagraph, “adequate space” means sufficient space for the cat or dog to stand up without the head touching the top of the cage, sit down, turn about freely using normal body movements, and lie in a natural position.

(E)Provide each cat or dog with a rest board, floormat, litterbox, or similar device that can be maintained in a sanitary condition, as appropriate for the cat or dog.

(F)Provide each cat or dog with adequate socialization and exercise. For the purpose of this subparagraph, “socialization” means physical contact with other cats and dogs and with human beings.

(G)Wash hands before and after handling each infectious or contagious cat or dog.

(H)Provide veterinary care without delay when necessary.

(I)Births shall be reported to the local jurisdiction within 10 days of their occurrence.

(J)An offspring shall not be sold or otherwise transferred, whether for compensation or otherwise, until it has reached eight weeks of age, has been immunized against common diseases, and has a documented health check from a licensed veterinarian.

(K)An offspring shall have a microchip device that identifies the breeder implanted before eight weeks of age, unless a licensed veterinarian determines the cat or dog is medically unfit for the microchipping procedure because the animal has a physical condition that would be substantially aggravated by the procedure. The identity of the breeder shall remain on the microchip device along with the identity of the new owner upon the sale or transfer of the cat or dog.

(L)All advertising in any medium undertaken to market the offspring of a permitted unaltered animal shall prominently feature the permit number and identity of the permitting local jurisdiction.

(M)An owner who transfers ownership of a cat or dog for compensation or otherwise shall disclose to the transferee information regarding the license and permit requirements of the jurisdiction applicable to the transferred animal and all medical records, health certificates, and microchip information.

(b)(1)The amount of the fee for a breeder permit shall be determined by the local jurisdiction, and shall not exceed the reasonable costs of administering these provisions.

(2)A fee assessed by a local jurisdiction pursuant to this chapter shall not be duplicative of any other local fee in that local jurisdiction.

(c)This section shall not prohibit a local jurisdiction from adopting or enforcing more restrictive spay or neuter, unaltered, or breeding provisions pursuant to Section 122331.

(d)(1)Any individual or organization breeding animals for services provided by guide dogs, signal dogs, or service dogs, as defined in subparagraph (C) of paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be presumptively entitled to a breeder permit issued pursuant to this chapter.

122339.

(a)A local animal control agency shall be responsible for enforcing and administering this chapter. A local animal control agency shall only issue a nonmonetary warning citation for a first violation of this chapter.

(b)A local animal control agency may revoke a permit of an owner, after notice and an opportunity to be heard, for a failure to comply with the requirements of paragraph (2) of subdivision (a) of Section 122338.

(c)A local animal control agency shall establish civil penalties for a second or subsequent violation of this chapter of not less than two hundred fifty dollars ($250) per violation. Any collected penalties shall be used to pay for the costs of enforcement of this chapter.

122340.

This chapter shall not be deemed to supersede or in any way modify the provisions of the Polanco-Lockyer Pet Breeder Warranty Act (Article 1 (commencing with Section 122045) of Chapter 5).

SEC. 2.

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.