BILL NUMBER: AB 1634
INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member
Levine
(Principal coauthor: Senator
Padilla)
(Coauthor: Assembly Member
Nava)
FEBRUARY 23, 2007
An act to add Chapter 9
(commencing with Section 122336) to Part 6
of Division 105 of the Health
and Safety Code, relating to pets.
LEGISLATIVE COUNSEL'S
DIGEST
AB 1634, as introduced,
Levine. California Healthy Pets Act.
Existing law sets forth
provisions relating to veterinary public
health and safety and provides
for or regulates spay, neuter, and
breeding programs for
animals.
This bill would prohibit any
person from owning or possessing any
unaltered cat or dog over the
age of 4 months, unless that person
possesses an intact permit, as
specified. The bill would establish an
intact permit fee in an amount
to be determined by a local
jurisdiction, as defined, and
would require the revenue from these
fees to be used for the
administration of the local jurisdiction's
permit program. The bill would
make a violation of these provisions
punishable by a prescribed
fine.
The bill would require all
revenues derived from these fines to be
used for funding free and
low-cost spay and neuter programs, and
outreach efforts for these
programs, which would be required to be
established by each local
animal control agency, to the extent that
funding is available, and for
the enforcement of these provisions.
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 Healthy Pets
Act.
SEC. 2. Chapter 9 (commencing
with Section 122336) is added to
Part 6 of Division 105 of the
Health and Safety Code, to read:
CHAPTER 9. SPAY AND NEUTER
PROGRAM FOR CATS AND DOGS
Article 1. Definitions
122336. For purposes of this
chapter, the following definitions
shall apply:
(a) "Alter" means to spay or
neuter an animal, as performed by a
California licensed
veterinarian.
(b) "Intact permit" means a
document issued annually by a local
jurisdiction that authorizes a
person to own or possess within that
locality an unaltered cat or
dog.
(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.
Article 2. General
Provisions
122336.1. (a) A person shall
not own or possess within the state
any cat or dog over the age of
four months that has not been spayed
or neutered, unless that
person possesses an intact permit, as
defined in subdivision (b) of
Section 122336.
(b) Any person who violates
subdivision (a) shall be subject to
the following:
(1) Unless paragraph (2)
applies, a person in violation of
subdivision (a) shall have his
or her cat or dog spayed or neutered
within 30 days from the date
of compliance as required under this
section or Article 3
(commencing with Section 122336.2), whichever is
applicable.
(2) If a person in violation
of subdivision (a) provides a letter
from a California licensed
veterinarian indicating that due to age,
poor health, or illness, it is
unsafe to spay or neuter the cat or
dog within 30 days from the
date of compliance under this section or
Article 3 (commencing with
Section 122336.2), whichever is
applicable, and indicating
that arrangements have been made to alter
the cat or dog within 75 days
from that date of compliance, he or she
shall have his or her cat or
dog spayed or neutered within that
75-day period.
(3) Any person who violates
subdivision (a) shall, for each animal
for which a violation has
occurred, be subject to a civil penalty of
five hundred dollars ($500)
for each applicable period of
noncompliance, as set forth in
paragraphs (1) and (2). This penalty
shall be imposed in addition
to any other civil or criminal penalties
imposed by the local
jurisdiction.
(c) Any fines imposed under
subdivision (b) shall be waived by the
local jurisdiction if the
person in violation provides proof that
his or her cat or dog has been
spayed or neutered by a California
licensed veterinarian or
provides proof that he or she has obtained
an intact permit for the cat
or dog.
Article 3. Permits
122336.2. (a) A local
jurisdiction shall issue an intact permit,
as defined in subdivision (b)
of Section 122336, if all of the
following conditions are
met:
(1) The cat or dog is
registered as a purebred with a pedigree
with any of the following
organizations:
(A) The American Kennel
Club.
(B) The United Kennel
Club.
(C) The American Dog Breeders
Association.
(D) The International Cat
Association.
(E) A recognized registry
approved by the local animal control
agency.
(2) The dog is appropriately
trained and meets the definition of
guide dog, service dog, or
signal dog, as set forth in subdivisions
(d), (e), and (f) of Section
365.5 of the Penal Code.
(3) The dog is documented as
having been appropriately trained and
actively used by law
enforcement agencies for law enforcement and
rescue activities.
(4) The owner of a cat or dog
provides a letter to the local
jurisdiction from a California
licensed veterinarian stating that due
to age, poor health, or
illness, it is unsafe to spay or neuter the
cat or dog. This letter shall
include the veterinarian's license
number and shall be provided,
upon request, to the local animal
control agency.
(b) An unaltered cat or dog
for which an intact permit was issued
who ceases to meet the
requirements of subdivision (a) is subject to
the spay and neuter
requirements set forth in Section 122336.1.
(c) The amount of the fee for
an intact permit shall be determined
by the local jurisdiction, and
shall be no more than what is
reasonably necessary to fund
the administration of that jurisdiction'
s intact permit
program.
Article 4. Funding
122336.3. (a) To the extent
that funding is available pursuant to
this chapter, a local animal
control agency shall establish a free
and low-cost spay and neuter
program for low-income individuals. The
agency shall undertake
outreach efforts to inform qualified persons
about these programs.
(b) All fines collected
pursuant to paragraph (3) of subdivision
(b) of Section 122336.1 shall
be used for funding free and low-cost
spay and neuter programs and
outreach efforts in the jurisdiction
where the violation occurred,
and for the enforcement activities set
forth in Article 5 (commencing
with Section 122336.4).
Article 5. Enforcement
122336.4. A local animal
control agency shall be responsible for
enforcing and administering
this chapter.
SEC. 3. 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.
